I wrote to the EFF specifically to encourage them to include "persistent worlds" in their exemption, using Titan Icon for proof that the "audiovisual content" (models, sounds, and so on) are stored on the client, not the server. I got this reply:
Dear Mr. Pardini,
Thank you for the note, and for your encouragement. We will
certainly push for the exemption to cover as many games as possible, and
we're hoping to fix the problem for good and all by changing the DMCA
itself, if we can.
Best,
MitchSo while the current exemption request doesn't cover it, it certainly looks like they'll try to get there in incremental steps. The EFF exemption request as written would solidly put Titan Icon in legal ground.
The problem, of course, is that if NCsoft decides to C&D and threaten to sue a small developer working on a server anyway, and they can drag out the trial for years and years until the developer is completely broke and unable to continue, then they win by default. Unless the EFF is willing to step in and cover legal expenses of such a battle. So far, NCsoft hasn't tried to stop the distribution of the i24 Beta client through
www.savecoh.com or Titan Icon, but that might change once Icon reaches a playable stage.
That said, I still hope the EFF succeeds; it's not everything we need, but it's certainly a big step in the right direction.