Legal Information

This page is to provide reference to all pertinent legal information about Ash Realms. It is divided into sections and is based on U.S. Law as that is where Ash Realms is hosted.

[Digital Millenium Copyright Act of 1998]

Section 1201 divides technological measures into two categories: measures that prevent unauthorized access to a copyrighted work and measures that prevent unauthorized copying2 of a copyrighted work. Making or selling devices or services that are used to circumvent either category of technological measure is prohibited in certain circumstances, described below. As to the act of circumvention in itself, the provision prohibits circumventing the first category of technological measures, but not the second.
This distinction was employed to assure that the public will have the continued ability to make fair use of copyrighted works. Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense to the act of gaining unauthorized access to a work, the act of circumventing a technological meas- ure in order to gain access is prohibited.

Exceptions 2. Reverse engineering (section 1201(f)). This exception permits circumvention, and the development of technological means for such circumvention, by a person who has lawfully obtained a right to use a copy of a computer program for the sole purpose of identifying and analyzing elements of the program necessary to achieve interoperability with other programs, to the extent that such acts are permitted under copyright law.

In addition, it is a criminal offense to violate section 1201 or 1202 wilfully and for purposes of commercial advantage or private financial gain.

Explanation: We use the client only in so much as is needed to obtain interoperability with our server which is of our own design. The server code is written from the ground up by free licensing users. None of the said code is obtained from Blizzard or from it's client except that which is necessary for interoperability (Opcodes and Packet Structure). We are within our rights to do so as is mentioned here in the DMCA. We do not claim ownership or rights to any of Blizzard Entertainment's copyrighted material. We only provide a server that interacts with said Copyrighted material. We do not store, destribute, or modify ANY of that copyrighted material except what is necessary for interoperability and we obtained said software by Legal means as per the copyright laws. We are not Criminally liable for any offense as we do NOT provide our services 'for purposes of commercial advantage or private financial gain'.

[U.S. Copyright Law (Copyright Act of 1976 and Amendments)]

(f) Reverse Engineering. — (1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identif- ication and analysis do not constitute infringement under this title.

(2) Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

(3) The information acquired through the acts permitted under paragraph (1), and the means permitted under paragraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such infor- mation or means solely for the purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section.

(4) For purposes of this subsection, the term “interoperability” means the ability of computer programs to exchange inform- ation, and of such programs mutually to use the information which has been exchanged.

Explanation: We use the client only in so much as is needed to obtain interoperability with our server which is of our own design. The server code is written from the ground up by free licensing users. None of the said code is obtained from Blizzard or from it's client except that which is necessary for interoperability. We are within our rights to do so as is mentioned here in the U.S. Copyright Law. We do not claim ownership or rights to any of Blizzard Entertainment's copyrighted material. We only provide a server that interacts with said Copyrighted material. We do not store, destribute, or modify ANY of that copyrighted material except what is necessary for interoperability and we obtained said software by Legal means as per the copyright laws.

["Fair Use Clause" - U.S. Copyright Law]

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.

Explanation: We consider our servers to be a 'parody' of the Retail servers. We have a substantial amount of custom content hand-written by -us- which is NOT copyrighted material from Blizzard Entertainment. There are a number of significant differences in our servers to the point that it is not even close to the same experience you would get on Retail. This 'fair use' clause protects us under U.S. constitutional law from being held accountable for any works that we recreate in order to 'parody' the Blizzard experience. Much less than a majority of our content and the way that content is implemented is equal to or even similar to the retail experience. This is by design; not by random accident or inability. We are not trying to recreate World of Warcraft. We provide a completely different experience and do so without profit. All donations received go towards keeping the servers running with all that that entails.