PMS, 1st off let me say I understand where you are coming from, and it's obvious that you've thought out alot of your arguments. Let me offer my take on the whole matter.
1) Your original post can easily be construed as 'how do I get files that I havent purchased the release to patch'
quote 'When eq is patching/checking where does it keep the file list ? Server-side or contained in your officially licensed and paid for eq installation directory ?'
If you have the purchased the said release, then a file list is immaterial, you receive the files you are legally entitled to patch. Trying to circumvent this process to receive files you are not entitled to is illegal. So , you must be able to see how this is construed as a 'warez related' question. Even if you don't agree with anything else, you have to be able to see that point.
2) Legality of eqemu. This is sketchy, as there are few precedents, but EULA's, even if they did cover this sort of activity, are not very binding from a legal perspective. EQEMU does not seek to circumvent Verant in anyway, the only way we would be interfereing with them is if we were somehow redirecting production EQ players onto emulated servers. You called it reverse engineering, that is not a completely accurate assesment. Reverse engineering is when you have the product in hand, and can dissect it (the server in this case). Heres a good definition.
Reverse engineering
Since there is no way to obtain said machine code to reverse engineer what we are doing is really considered 're-engineering'. It as all built from the ground floor. Packet data to and from the servers is not classified information.
3) People buying EQ to play the emulator. Actually, I have personally talked to a few, so I know it has happened. Part of what turns alot of people off the idea of MMORPG's is the reoccuring expense. It was a turnoff to me at first, why would I keep paying for a game I've already bought? I doubt that anyone has quit playing EQ on the live servers to play it on the emulated ones. I have to agree that this project has probably brought EQ more revenue than it has taken. This is conjecture, so its completely debatable.
Now, if we were to come up with some miraclous feats of software engineering and be able to produce a server that could hold 500+ people, and completely emulate the live servers, I'm sure we would run into problems with verant. As it stands, the project is fun, and it allows people who play eq to try new things and obtain items they normally couldnt get. But how stable is this? Everytime the database is flushed, it's gone, theres no contractual obligation to protect anyones data, etc. I dont know of a single person who has started at level 1 and gone anywhere.
Will verant fight about it? I doubt it, I highly doubt they care, and even if they did, the project isnt doing anything from a software piracy standpoint. We certainly aren't promoting it, as you see from the fact your thread was locked when it was construed as such. As a matter of fact, Im purchasing PoP this week so I have the files available to goof with, even though I gave up my live account months ago. That is money that Verant would not see otherwise.