Instead of everyone just making baseless assumptions on what is or isn't legal, why not just take the minimal effort to pull literal case numbers and other law related material? Everyone is able to look up past court trials and see their records for free along with the overall ruling and other various legal material. Rather than saying nonsense like
'I heard from a friend of a friend that another game had a private server that got sued into oblivion!' just look it up.
1. 'Reverse engineering is illegal!' - Sorry but no, it's not. This has been tried numerous times in court and is ultimately almost always ruled as fair use. Are there some cases that have ruled otherwise? Sure, like anything in life, there are always edge cases but as with anything, the overall facts of the case matter.
Here are some cases that have ruled in favor of reverse engineering being fair use, as well as one that had a mix of both fair use and infringement.
Vault Corp vs. Quaid - 847 F.2d 255 (5th Cir. 1988)
During this case, Vault sued Quaid citing copyright infringement regarding their floppy disk protection software PROLOK. Quaid created a piece of software called RAMKEY which would allow copies of the original software protected with PROLOK to function without the original disks. This worked by emulating the required fingerprint in memory (RAM) to cause PROLOK to think it was properly being used. The lawsuit would seek injunctions to prevent Quaid from advertising and selling their RAMKEY software and attempted to claim $100 million in damages.
The court ultimately ruled that Quaid's RAMKEY software was considered fair use and that copying the software into RAM was permissible under 17 U.S.C s117(1).
Atari vs. Nintendo - 975 F.2d 832 (Fed. Cir. 1992)
During this case, Atari and Nintendo sued each other for different reasons. The main point of interest from this case was Nintendo sueing Atari for reverse engineering the original NES's lockout chip that would prevent the console from playing any non-officially licensed Nintendo carts. This had a mixed ruling due to additional factors. Atari had lied and illegally obtained a copy of the source code used for the '10NES' program to advance their already working reversed efforts. The court ruled that Atari's original works that were created through reverse engineering was legal under fair use, but their additional works and creation made using the stolen code were not.
Sega vs. Accolade - 977 F.2d 1510 (9th Cir. 1992)
During this case, Sega sued Accolade for something similar to what Atari did above, by reversing engineering the code required to make non-licensed carts work on the SEGA Genesis. Accolade did this by dumping and reversing the needed bits of compiled code from a licensed cart, then recoded the needed parts themselves to get their own non-licensed carts working. The court ruled that even though the material came from a copyright work, the reverse engineering and recreation of the needed code was fair use.
(Originally, SEGA won the initial ruling however Accolade appealed and ultimately won their appeal with the ruling being fair use.)
Sony vs. Connectix - 203 F.3d 596 (9th Cir. 2000)
During this case, Sony sued Connectix for copyright infringement as well as addiitonal intellectual property violations. The case eventually boiled down to a matter of copyright infringement related to Connectix copying the BIOS used and required to use the PlayStation. This case landed up using the 'SEGA vs. Accolade' case as reference material and ultimately ruled in favor of Connectix 3-0 in that their work was considered fair use.
This case ended with Sony failing to appeal and the two companies settling out of court. About a year after the case, Sony would ultimately land up buying Connectix.
Further Reading..
You can also read more on the copyright law around reverse engineering, which includes a specific clause about software interoperability and preservation. In this section, they directly cite the 'SEGA vs. Accolade' case as well:
https://www.copyright.gov/policy/1201/section-1201-full-report.pdf - Section 1201 of Title 17. Page 14 under 'Permanent Exemptions'.
https://www.copyright.gov/policy/1201/section-1201-full-report.pdf - Section 1201 of Title 17. Page 15 under 'Permanent Exemptions' section 'c'.
Going along with this as well, in a more recent case of 'Google LLC v. Oracle America, Inc., 593 U.S' Oracle sued Google arguing that their API and services were copyrightable and that the recreation / emulation of these services by Google was infringement on their works. You can read about this case here:
https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc.
The court originally ruled in favor of Oracle but was later appealed and overtuned in Google's favor 6-2 that Google's recreation and usage of the API and services was fair use.
There are so many other cases like these that can be pulled and reviewed to see that, when done properly in a 'clean room' manner, reverse engineering has [almost] always been ruled fair use.
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In the case of Final Fantasy XI servers, everything is 100% clean room. There is no leaked source code or material from retail. Everything is done through reverse engineering the client and by countless hours of manual work to recreate the various calculations and other math involved to make the game work.
The claim that 'X game had a private server shutdown' or 'X game had a private server owner put in jail' and coorolating that to reverse engineering being illegal is just people being entirely clueless about the facts of those cases. If you take a minute of time to go research any case where a private server has been officially targeted and shutdown, you'll see that it ultimately always falls into one of a few reasons/cases as to why that happens. Some of those reasons are as follows:
1. The server accepted money in some manner. This is generally in direct relation to providing goods for said money. Law states that it is the sole responsibility of the intellectual property owner that they must defend their IP. When it comes to money, they can attempt to prove damages and losses if a server is accepting money in exchange for goods, such as in-game items, premium content access, or other incentives to get people to pay. It is far less likely the copyright holder would be successful in proving damages against any kind of server solely asking for donations to 'keep the lights on' so to speak.
2. The server directly uses copyrightten material from the games intellectual property. This is the leading cause as to why most private servers for other games get shut down. They will often use copyright material from the game in their website, launcher, or other means of branding / advertisements. This is absolutely against the law and the game owner has every right to go after servers that do this. Even more so when those servers are also seeking money.
3. The server is using leaked or stolen material, source code or other assets/work related to said game which again is absolutely illegal. This is not as common in the western market or with the larger scale MMORPGs or other live services games, but is extremely common in the eastern market and smaller scale MMORPGs. It is very common for eastern games to have part or all of their games materials leaked at some point. This happens because these smaller games are provided through a third-party publisher instead of the game being self-published and self-hosted. On the black market, some games' materials and source code are very desired and companies or even small teams (or rich kids) will pay top dollar to get access to a games source code. When that does eventually happen, a common thing that will happen later down the road is drama between team members which will result in the assets / code being resold for much cheaper and/or eventually just leaked publicly.
When this happens, it is pretty common that random people on the internet will take said leaked materials (be it code or precompiled binaries) and spin up their own private server using the official assets/files. Again, this is illegal.
There is a reason that many private servers for very well established companies remain online and untouched, because there is pretty much nothing the company can do to take the server down when everything is done above board, clean room and within the bounds of the law.
Here's some example cases of private servers being targeted:
Atlus vs. Rekuiemu Games / Comp_Hack - Atlus is the creator of a defunct MMORPG 'Shin Megami Tensei'. The creators of the private server brought the gmae back to life, however in doing so they recreated the original games website exactly, using copyright assets/materials.
https://casetext.com/case/atlus-co-v-sum
Blizzard Entertainment vs. Alyson Reeves (Scapegaming) - Due to the way this case played out, no actual ruling happened on Blizzards claims. Aylson failed to appear in court and lost. However, the main factor of this case is the fact that Alyson enabled donations to the server with incentives and raised over 3 million dollars which Blizzard used as proof of damages.
https://law.justia.com/cases/federal/district-courts/california/cacdce/2:2009cv07621/456953/34/
Gravity Games (Ragnarok Online) vs. [Seven Private Servers] - In April of 2022, Gravity Co. (developers of Ragnarok Online) announced they were targeting and filing lawsuits against 7 private servers. They did not announce which servers those were but owners of several servers did acknowledge being one of the ones being hit. This included: 'Nova', 'Talon', and 'Solace'. Several other servers also shutdown in fear of being targeted next due to all doing the same thing, copyright infringement by using game assets/artwork on their websites.
The only case that seemed to actually end up being publicly filed was Gravity vs. Nova:
https://web.archive.org/web/20220421193329/http://renewal.playragnarok.com/news/newslist.aspx#n2224
https://cases.justia.com/federal/district-courts/california/cacdce/2:2022cv02763/850478/26/0.pdf
The codebase used for RO servers is called rAthena and has operated for decades at this point and has never been targeted by the company. It is solely private servers that make use of the games actual copyright material and other assets that got targeted.
Fun Fact: The original first major rewrite of Final Fantasy XI's private server core from ProjectXI to DarkStar made use of rAthena's codebase as a framework to start from. You can still find various chunks of rAthena code within the latest fork for FFXI, LSB!
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2. 'Distributing The Game Client Is Illegal!' - This would actually fall under a legal grey area for FFXI. It would be difficult for SE to prove damages or stolen content is being distributed because they themselves offer the game to be downloaded, fully free, without any kind of limitation/gateways preventing you from obtaining it. You can grab the full game install directly from their website here:
http://www.playonline.com/ff11us/download/media/install_win.html
You do not have to login to see this page or access the links. Meaning even if you never played the game, or ever had an active subscription you can still download the full game client. Next, PlayOnline does not require you to enter valid information in order to access the 'Check Files' page in order to update your client. You do not have to login first either. You can keep Final Fantasy XI fully up to date without ever logging into retail or owning an actual account/subscription.
Now is it in a private servers best interest to bundle their own install? No. We actively discourage it as well and suggest servers stay up to date with LSB and require players to use the latest retail client. This in turn allows the private server to never need to distribute any kind of copy of the installer to avoid any kind of legal nonsense/trouble that could stem from this situation. It is ultimately up to the owners of the given servers if they wish to take that advice or not.
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3. 'It's against the ToS/EULA therefore it's against the law!' - Nope. Terms of Service (ToS) and End-User License Agreements (EULA) are contracts you make between yourself and the company, they are not law. By breaking an agreement within these contracts, it does not automatically mean you just broke the law. These are designed to protect the copyright holder of legal recourse from the user in most cases. Generally, these boil down to 'if you break these rules, we reserve the right to terminate your account'.
Everyone is generally breaking some EULA they have inadvertently agreed to for any number of products or services in their every day life. Does that mean everyone walking around on earth is suddenly a felon? No.
Let's look at FFXI's EULA for example, there are several clauses in it that are broken daily by nearly every player:
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2.1 Cheating and Botting. You may not create or use any cheats, bots, automation software, hacks, mods or any other unauthorized software designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on SQUARE ENIX’s servers, except as expressly permitted by SQUARE ENIX or applicable law.
Using Ashita and/or Windower is a direct violation of these clauses in the EULA. Every single addon/plugin you have loaded is also an additional violation of them.
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2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorized third party software.
This website, BG-Wiki, etc. are all in violation of this clause.
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3.1 Sharing Account Information. You may not share your account or login information (such as your PlayOnline ID, Square Enix ID and password) with anyone except your legal guardian, your minor child, or SQUARE ENIX.
Something countless people do every day.
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3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 13 and older. You agree to behave accordingly.
I mean.. it's the FFXI community, need I say more lol?
And so on. The point being, pretty much everyone on this forum has broken one of the clauses in FFXI's EULA over the lifespan of the game. Does that mean you're going to jail? No.