Author Topic: New efforts!  (Read 7326450 times)

LateNights

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Re: New efforts!
« Reply #24940 on: June 17, 2016, 04:12:55 AM »
Look I am not going to get into a flame war with you.  I am not speaking down to you, I haven't called you a hypocrite.  I also don't use Paragon Chat.  I don't know how I could be more clear about that, I am not saying one thing and then doing the other.  You are accusing me of being a hypocrite for something I don't even do.  I had no intention of insulting you I am just merely defending people who share my opinion and DO choose to play Paragon Chat, because if I didn't then that would make me a hypocrite.  There is no reason to drag this out, you don't have to agree me.  And I have no trouble agreeing to disagree.  But seriously, stop accusing me of being a hypocrite for something I don't even do.

I did say it seemed you were a hypocrite "if" you were one of the people using PC after the argument you made, read again carefully exactly what I said.

Edit: If it's not clear enough, you're not the only person I was referring to with my posts.
« Last Edit: June 17, 2016, 05:49:16 AM by LateNights »

blacksly

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Re: New efforts!
« Reply #24941 on: June 17, 2016, 01:20:59 PM »
Service or not, we're walking a grey area where people are using something after the service has been withdrawn by the owners - who even went as far as to kill the forums for the game...

That's not at all accurate. I wish it were. But the fact is that NCSoft killed City of Heroes as a game. They did not kill Paragon Chat, because that is a completely different item. One was a MMORPG, and the other is pretty much a graphical chat program using the CoH client (but not server, obviously). The service that NCSoft withdrew was the service of providing a game server for CoH, and nobody else is now providing that service instead.

The grey area would be whether NCSoft shutting down the SERVERS for the CoH game means that people who purchased the CLIENT in order to connect to those servers are now no longer allowed to use that client for any other purposes, or not. And as Arcana said, there are uses for the client that were allowed by NCSoft and that are NOT only to connect to the servers in order to play CoH. Therefore, the uses of the client include primarily the connection to the game servers, but also secondarily any other legal uses of the client, such as play demorecord files.... or connecting to other clients in a manner unforeseen by NCSoft.

And since NCSoft did not specifically prevent any purchaser of the client from using 3rd party software to connect to other client owners in a peer-to-peer (or in some client-server relationship with a 3rd party server), it is very difficult to claim that NCSoft has any basis for requiring any purchaser of the client to no longer use that client for any particular reason.

Arcana

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Re: New efforts!
« Reply #24942 on: June 17, 2016, 07:18:39 PM »
It is hypocritical because you & others said people got their monies worth and it was game over when NC made the decision to pull the game, and that "we" should deal with that and move on or not spend money on a service that can be taken away...

And then turned around and continued using the service after the very same decision I just mentioned.

How do you not see that as hypocrisy?

I don't see what you are describing as hypocritical, setting aside its vast over simplification.  First of all, no one is "continuing to use the service" because the service doesn't exist anymore.  What people are using is the software client for that service.

The critical distinction is that this shifts the discussion to the game client, but as Codewalker pointed out earlier that conflates the game client software with the game itself.  When some people say they paid for the game and thus feel some entitlement to the game they are presumably referring to the entirety of the game, and more specifically the components necessary to reproduce the gameplay experience.  Very specifically, the game clients and the game servers that contained the game content.  It is the server side that we no longer have, and the only thing anyone can complain about not actually having.

That server side part of the game was never sold to the players, and never given in any way to the players.  It was provided as a service, for which the players paid for access.  What they got for their subscription money was access at the time.  Some people think that because they paid for "the game" as a boxed product and invested a lot of money in "supporting" the game, that entitles them to some consideration when it comes to continuing to make the game accessible.  But others point out that at no time did any player buy anything you could consider ownership rights in the game servers themselves.

Presenting the case that all the money that was spent on the game rightly entitled the player, at best, to own (in some fashion) the game client but only have limited and terminable access to the game servers doesn't make them a hypocrite for continuing to use the game client, because that's not inconsistent with the position that the players may have some rights to the client but not to the server software and server content.

Just like the example I linked to yesterday, when customers "buy" a product that only works reasonably when coupled with a subscription service, what you "buy" when you buy the product is a tricky thing to pin down.  But even if someone were to say "look, it sucks but they had every right to shut that service down" that wouldn't make them a hypocrite if they continued to use the physical product and tried to invest time in making it useful without the service.  That's saying simultaneously that the company had the right to terminate service and you shouldn't waste too much time being mad about it, but also that I have the right to try to remedy that situation on my own without the company's help and without demanding anything from the company that shut the service down.  That's a morally consistent position.

LateNights

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Re: New efforts!
« Reply #24943 on: June 17, 2016, 07:57:47 PM »
No

Words

Sugar coat it as much as you want, again I'll point out we're in a forum thread devoted to the discussion related to the attempt to returning the game to a playable state.

The motivation behind Paragon Chat is to get as close to that reality as possible, ie. playing the game in some fashion.

That's what this thread is about - people have used the same argument that this thread could be used as evidence previously to shoot people down (Joshex), so why is that so different now?

Legally you may have found a loophole - but it is just that, a loophole...
« Last Edit: June 17, 2016, 08:04:21 PM by LateNights »

Twisted Toon

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Re: New efforts!
« Reply #24944 on: June 17, 2016, 08:39:56 PM »
Sugar coat it as much as you want, again I'll point out we're in a forum thread devoted to the discussion related to the attempt to returning the game to a playable state.

The motivation behind Paragon Chat is to get as close to that reality as possible, ie. playing the game in some fashion.

That's what this thread is about - people have used the same argument that this thread could be used as evidence previously to shoot people down (Joshex), so why is that so different now?

Legally you may have found a loophole - but it is just that, a loophole...

I own my cellphone. Nobody can legally take that away from me. I do not own the cellular network that lets my cellphone connect to other phones around the world, or even in my back yard. If I didn't have access to that cellular network, I could still use my cellphone to take pictures, as a calculator, a day planner, and numerous other things that don't require access to the cellular network. If I stopped making payments to the cellular provider, I would not by entitled to free access to their network because I have spent well over $5000 for prior access. If my cellular service went out of business, I am not entitled for them to keep the network up and running because I paid them so much money over the last decade.

I own my copy of the client for CoH. I even have 4 installation disks. I never owned the Servers that the client was required to log into in order for me to play the game. I paid for monthly access to that server, exactly the same way that I pay for monthly access to the cellular network for my phone. It is a service that was paid for just like your phone, Cable (TV), Internet access, electricity, gas (for home heating and cooking), and probably several other utilities that I'm forgetting at the moment.
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Biz

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Re: New efforts!
« Reply #24945 on: June 17, 2016, 08:42:53 PM »
...I'll point out we're in a forum thread devoted to the discussion related to the attempt to returning the game to a playable state.

The motivation behind Paragon Chat is to get as close to that reality as possible, ie. playing the game in some fashion.

Hmm, I didn't know that. Could you post a source for this?

Twisted Toon

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Re: New efforts!
« Reply #24946 on: June 17, 2016, 08:46:49 PM »
again I'll point out we're in a forum thread devoted to the discussion related to the attempt to returning the game to a playable state.

Also, inn case you haven't noticed, this thread, although it was started as a discussion about returning the game to a playable state,  has diverged from that topic numerous times.

You can't honestly tell me that the discussion about Faster than Light space travel has anything to do with the return of CoH in a playable state and still have even the least bit of credibility.
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Arcana

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Re: New efforts!
« Reply #24947 on: June 17, 2016, 08:47:37 PM »
Sugar coat it as much as you want, again I'll point out we're in a forum thread devoted to the discussion related to the attempt to returning the game to a playable state.

The motivation behind Paragon Chat is to get as close to that reality as possible, ie. playing the game in some fashion.

That's what this thread is about - people have used the same argument that this thread could be used as evidence previously to shoot people down (Joshex), so why is that so different now?

Legally you may have found a loophole - but it is just that, a loophole...

Sigh.

1.  My post makes no mention of legal loopholes.  In fact, I actually made it a point to distinguish between what the law says (and even mention jurisdictional conflicts) with what is ethically or morally reasonable, and only made that distinction because you brought the point up first.

2.  Codewalker has explicitly stated that Paragon Chat is not intended to reproduce City of Heroes gameplay, and is explicitly intended to be a community chat and interaction platform that happens to be set in the familiar environment of the City of Heroes game.

3.  The only reasonable thing you could be referencing with regard to Joshex was my own assertion to him that when he specifically and explicitly stated his desire to find a way to unambiguously duplicate copyright work that we currently do not possess that because copyright infringement takes intent into account that his very statement that he was looking for a way to do so but disguise the efforts so as to reduce their congruence to copyright's legal precedent tests could be used against him in a US court.  That has nothing to do with any discussion here, because regardless of your repeated attempts to either confuse or conflate the issue using the game client is not a copyright violation

What's mostly different between whatever it is you're trying to do, which no one seems to be certain of, is that you're intermixing lots of different previous discussions about specific issues and blending them in ambiguous or inapplicable ways, and doing so without the benefit of competency or eloquence.  By your own admission you aren't solid about many of the things you're arguing around like what the actual legal issues are, by self-evident observation you aren't expressing those ideas in a way that is precise enough and coherent enough for anyone to easily navigate, and you resist counter-argument with a level of condescension that is unwarranted given your previously elucidated shortcomings.  Not to mention the inevitable "I know you are but what am I" attitude.

I've had essentially the same position, albeit with the benefit of more time to think about it, since the day the shutdown was announced.  Anyone who was on the forums back then can attest to the fact that I've always had a nuanced but strong opinion on what the legal situation was, what the customer advocacy situation was, and what the industrial ethical situation was and is.  These are complicated legal and moral minefields all of us who were and are active in the City of Heroes community have been wrestling with, and I've been wrestling with these issues even before the shutdown announcement.  Strictly speaking, everything I did when I inherited Iakona's mantle was illegal on paper, as was everything he did, as was everything City of Data did.  And the devs individually were aware of all of it, making all of them equally complicit.  How Codewalker decides what's right, how I decide what's right, and how everyone else decides what's right and wrong conduct for themselves is a highly personal decision.  That doesn't mean that decision can't be analyzed and even criticized.  I'm bullet proof: if you want to see if you can find an actual legitimate issue with my moral reasoning, have at it.  I've exposed a lot of my reasoning to both discussion and debate.

But simply standing back and pointing fingers saying this is hypocritical and that's illegal and that's immoral without justifying any of those statements beyond vague intimations that it ought to be obvious is insulting without intellectual purpose.  You have every right to express your opinion that using the City of Heroes client is illegal or immoral, or that it is legal and moral, or even that it is only legal and moral given certain specific assumptions or beliefs.  But if you're going to question anyone else's motives or reasoning, at least do so in a way that promotes discussion, by actually having something intelligent to contribute to that discussion.  Give the debate somewhere to go.  Just being accusatory without substance can only go one way, and I have literally decades of experience in making sure I'm not the one that gets banned.

LateNights

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Re: New efforts!
« Reply #24948 on: June 17, 2016, 08:49:00 PM »
Also, inn case you haven't noticed, this thread, although it was started as a discussion about returning the game to a playable state,  has diverged from that topic numerous times.

You can't honestly tell me that the discussion about Faster than Light space travel has anything to do with the return of CoH in a playable state and still have even the least bit of credibility.

What's that got to do with how it may look in court?

Same as your prior story, it just repeats what's already been said, nice story though...

LateNights

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Re: New efforts!
« Reply #24949 on: June 17, 2016, 08:53:20 PM »
Sigh.

But simply standing back and pointing fingers saying this is hypocritical and that's illegal and that's immoral without justifying any of those statements beyond vague intimations that it ought to be obvious is insulting without intellectual purpose. You have every right to express your opinion that 'using the City of Heroes client is illegal or immoral, or that it is legal and moral, or even that it is only legal and moral given certain specific assumptions or beliefs.  But if you're going to question anyone else's motives or reasoning, at least do so in a way that promotes discussion, by actually having something intelligent to contribute to that discussion.  Give the debate somewhere to go.  Just being accusatory without substance can only go one way, and I have literally decades of experience in making sure I'm not the one that gets banned.

Thanks for clearing things up.

Probably time to move on...
« Last Edit: June 17, 2016, 08:58:24 PM by LateNights »

LateNights

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Re: New efforts!
« Reply #24950 on: June 17, 2016, 09:08:16 PM »
No, what I said was that while it is within NCSoft's legal rights to revoke the right to use the game client (at least in the US), they haven't explicitly done so yet.  I have yet to see a statement from NCSoft anywhere that said "as of this date we revoke the right to use the City of Heroes game client software."  Since they haven't done so, you can't state that people who are using it are "stealing" the software or using it illegally.  The only possible argument in that direction would be to presuppose that NCSoft doesn't need to do that, a reasonable person should infer that when they shut the game servers down.  But as I state, merely shutting the servers down can't be construed to imply NCSoft was revoking the client license because there are other legitimate NCSoft-authorized uses for the game client that don't require the servers to be operational.

Actually, one last thought

- why aren't NC obligated to make sure people can make use of a demo recording?

- is it just not stated in the "terms of service" or whatnot?

- are their "terms of service" just that good they have the power to pretty much do as they please?


ivanhedgehog

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Re: New efforts!
« Reply #24951 on: June 17, 2016, 09:18:40 PM »
You're using what is potentially illegal software as the service is no longer offered to you, all the while repeatedly saying how you've dealt with the reality that the service is no longer offered to you?

How in good conscience can you do that if you say that you got what you paid for?

That's absurd...

Sorry, theft.

And hypocritical...

one problem I see is that legal is not always moral. the DMCA does not define morality for me. we all have to decide for ourselves if it is "theft" using the client to chat with each other is not theft in my eyes. you are not taking a service they are selling.currently we are 2 years into negotiations that may or may not be happening. we have no hint that they are ended. I would hope that if they had fallen through that some vague post would try to clue us in. I have little hope that anything is still happening at this point but I would love to be proven wrong.

Golden Aurora

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Re: New efforts!
« Reply #24952 on: June 17, 2016, 09:41:17 PM »
The question I find myself wondering is why Emulators are illegal for server side components.
Unless one is just directly using a rip of the datatables off the server, of course.
That crap gets shut down all the time.

If you had every serverside piece of data being different from coh, but still compatible enough for the client to run, COULD it be shut down?
Is the very act of sending packets to the client in a compatible method infringement?
It seems often times like they claim anything approaching a server level piece of code which interacts in any way with their client side product is infringement.
That could be redistributing it, or just connecting like PC does.

I understand the distinction about what was bought and owned versus the services paid for monthly.
What you bought was essentially two things: Compiled code and assets on a disc, and a cdkey to let you make an account with.

Another idea in my mind.
Let's say I go to ebay or AMazon and buy a copy of the boxed coh client.
The EULA was only on a server side component, right? Or was it in the game files?
If it was only a server side component what are my legal obligations regarding the software I have purchased?
I can't agree to them if I can't see them, or read them. There probably was a text file somewhere on the disk with the eula, actually...

Food for thought. I keep checking this site before I go to sleep and hoping something will have changed... I miss CoH.
« Last Edit: June 17, 2016, 09:48:55 PM by Golden Aurora »

Arcana

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Re: New efforts!
« Reply #24953 on: June 17, 2016, 10:06:00 PM »
Actually, one last thought

- why aren't NC obligated to make sure people can make use of a demo recording?

Mostly, because there's no specific reason for that obligation to exist.  Just because someone makes a tool that allows you to create a work of your own, doesn't bind them to making that tool available indefinitely to satisfy the general need for the tool to continue to exist.

However, speaking of loopholes, there is a potential legal loophole.  While NCSoft isn't obligated to make sure you can still play back your demorecords, in some legal jurisdictions it might be possible to make the case that even if NCSoft revokes the license to use the client you might still have the legal right to continue to use it for that purpose.  It would depend on what statutory legal rights consumers have that might override the terms of the license.  Licenses are contracts, and a fundamental legal principle in contract law is that contracts cannot bind parties to otherwise illegal terms.  Many laws supercede contract restrictions, for example liability and warranty law generally supercede any attempt to disclaim liability in a contract.

To put it another way, NCSoft may have no obligation to supply you with a working client to make demorecords work, but they may not be able to legally take it away from people who want to use it to playback demorecords in some jurisdictions either.  The law is very unclear here.


Quote
- is it just not stated in the "terms of service" or whatnot?

Interestingly, the EULA is a contract for the game.  That's important, because it is not explicitly an EULA for the game client.  The game client is just a component of the game, and all the terms of the EULA refer to "the game" or any of its functional subsets.  The EULA doesn't actually mention using the game client for any purpose other than actually accessing the game (meaning playing it) including valid authorized uses such as demorecords.  As far as I can tell after refreshing my memory on the EULA, using the game client to playback demorecords falls into the category of conduct not explicitly prohibited, not explicitly authorized, and not covered by any blanket "allow" or "deny" clause.  In the absence of any statement within the EULA, it falls under the category of "not prohibited."  Legal, but only because no one seemed to care.


Quote
- are their "terms of service" just that good they have the power to pretty much do as they please?

See for yourself: https://paragonwiki.com/wiki/EULA/September_2011

LateNights

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Re: New efforts!
« Reply #24954 on: June 17, 2016, 10:21:18 PM »
The question I find myself wondering is why Emulators are illegal for server side components.
Unless one is just directly using a rip of the datatables off the server, of course.
That crap gets shut down all the time.

Yeah it's sad that we can't in good faith make the game run as long as it's not for profit.

What possible reason anyone would anyone have to care if there's no money being made - run it similarly to the test server and open the shop up for free, no monthly fees...

Hell, have NC pick a charity of their choice if there was a profit...

If CoH ever decided to make a sequel I could understand them wanting it closed, but otherwise...
« Last Edit: June 17, 2016, 10:26:23 PM by LateNights »

LateNights

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Re: New efforts!
« Reply #24955 on: June 17, 2016, 10:24:27 PM »
However, speaking of loopholes, there is a potential legal loophole.  While NCSoft isn't obligated to make sure you can still play back your demorecords, in some legal jurisdictions it might be possible to make the case that even if NCSoft revokes the license to use the client you might still have the legal right to continue to use it for that purpose.  It would depend on what statutory legal rights consumers have that might override the terms of the license.  Licenses are contracts, and a fundamental legal principle in contract law is that contracts cannot bind parties to otherwise illegal terms.  Many laws supercede contract restrictions, for example liability and warranty law generally supercede any attempt to disclaim liability in a contract

Don't suppose they'd look the other way if you tried to argue that we were implementing combat just for the purpose of recording it?

See for yourself: https://paragonwiki.com/wiki/EULA/September_2011

I might be wrong, but there literally seems to be a clause regarding Paragon Points that says NC can force us to buy them at their (NCs) discretion!!
« Last Edit: June 17, 2016, 10:32:45 PM by LateNights »

Taceus Jiwede

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Re: New efforts!
« Reply #24956 on: June 17, 2016, 10:58:51 PM »
Quote
If you had every serverside piece of data being different from coh, but still compatible enough for the client to run, COULD it be shut down?
Is the very act of sending packets to the client in a compatible method infringement?
It seems often times like they claim anything approaching a server level piece of code which interacts in any way with their client side product is infringement.
That could be redistributing it, or just connecting like PC does.

I am not entirely sure but I feel like this point has been brought up before and is a fairly good one to bring up.  I don't know enough about copyright to really say if that is legally different enough that NCSoft wouldn't be capable of shutting it down but its an interesting idea.   If I were to take a guess, I think they could always just say "You are using our likeness" but I am not certain. I would like to hear from some one who is a bit more experienced on the legality side of IP law.

If that is the case maybe I am looking forward to one day playing  "Town of powered good guys!"

Arcana

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Re: New efforts!
« Reply #24957 on: June 17, 2016, 11:41:58 PM »
I might be wrong, but there literally seems to be a clause regarding Paragon Points that says NC can force us to buy them at their (NCs) discretion!!

I'm guessing you're referring to 4d(ii):

Quote
NCsoft may, in its sole and absolute discretion, require You to pay for Paragon Points and establish the timing and form in which such payment must be made, including but not limited to credit cards or online payment services.

That just means NCSoft may require payment for Paragon Points - as opposed to giving them away - not that they can compel you to buy them.

Arcana

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Re: New efforts!
« Reply #24958 on: June 17, 2016, 11:47:29 PM »
The question I find myself wondering is why Emulators are illegal for server side components.
Unless one is just directly using a rip of the datatables off the server, of course.
That crap gets shut down all the time.

Emulators aren't strictly speaking illegal.  However:

1.  Reverse engineering security or access control systems can be illegal in the US in certain circumstances under terms of the DMCA.

2.  Content can still be copyright protected and without the content the emulator is often worthless.

[Note: #1 and #2 are why MAME is distributed legally without ROMs)

3.  Whether server software is legal or not can be a complicated question that can only be resolved in a court of law given all of the myriad circumstances of its creation.  If any of the emulator authors saw the original implementation in any form prior to writing the emulator there is the question of copyright infringement of the original code.  There can be trade secret breaches.  There can be violations of the terms of service for the client side components necessary to make the server side work.  There can be business damages that can be litigated in civil court regardless of the explicit legality of the operation.  There can be trademark infringement or violations of fair use or legal misrepresentations.  All of this can be expensive to litigate, and often outside of the financial wherewithall of a rogue MMO operator to defend.

Brigadine

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Re: New efforts!
« Reply #24959 on: June 18, 2016, 01:00:53 AM »
Another E3 without CoH :(