Bumping this thread in hopes that more people will make silly posts in it.
Oh dear. Ill bite into it. XD
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Lets call the offender OffenderRO, and the victim victimRO
(I ripped this off from one of my posts in another thread. The same things apply anyway, so I just modified it a little.)
As far as I know, eAthena and all its software is freeware under a GNU public license agreement. This means that everything that is/was/will be derived from it should be under the same agreement too. Customs from that old server being copied by offenderRO is actually ok, and they cannot get penalised for that.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
....
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
....
(Source: http://svn.eathena.ws/svn/ea/trunk/LICENCE)
Under the GNU, offenderRO by default has the licence to use the content. So as far as I can see, you can even move heaven and earth to prove that offenderRO did "use" victimRO's content, but with the following mitigating circumstances:
1. Even if offenderRO did it, they have the right to.
2. Even if it was unethical, its still within the bounds of eAthena's licence.
3. OffenderRO's reputation for originality may become tarnished, but they cannot be punished for this particular act alone.
The Bottomline:
1. eAthena is freeware. we were able to enjoy RO without paying for licences. It is then also our responsibility to contribute to the community by following the terms of use of the server software.
2. Corollarily, Intellectual property
(software,sprites, custom items, custom maps, love letters, promo shirts et. Al. whose development can be linked to the use of eAthena ) rights do not hold in the same manner as patent for, say a new brand of Coke. OffenderRO did not [knowingly or unknowingly] break the law.
3. Read contracts. They are there for a purpose.
4. @DragonRO: I dont believe that you can actually make content that is exclusive to your server. That is very hard to prove. As long as you used a program/npc/whatever editor that is not your own, I can easily trace it back to another software thats also under the GNU.
5. "ZOMG but i didnt know whatthehell that GNU was when i made the custom stuff!" - Not my fault.
P.S. OFFTOPIC:
In all fairness Hutchy, you look really cute in your avatar pic. Too bad im gay. lolololol