Blizzard & Machinima Law Part 4 - Using Private Servers

Introduction
This is a continuation of a series of blogs titled “Blizzard & Machinima Law”. The purpose of this series is to help inform and educate the Machinima community on the acceptable ways you can create movies using World of Warcraft. This article will help you understand Private Servers, their impact on Machinima, and Blizzard’s zero tolerance policy.

What are Private Servers?
Private Servers are applications developed by 3rd parties who reverse engineer World of Warcraft’s proprietary client-server operations to create unofficial realms that can be controlled entirely on a private or public network without the support or fees of the game developer.

Why do people use Private Servers?
Gamers may use them to avoid paying monthly service fees, exploit the game as a Game Master, create and experiment with certain class and gear combinations, or just because they find a peer-controlled environment to be more enjoyable than that of the game developers. Machinima producers may be tempted to utilize a private server so they can create their own cast of characters without the tedious process of leveling each one and spending weeks of playtime to acquire a wardrobe.

Is it ever OK to use a Private Server?
No.

Why not?
It may seem harmless to utilize a private server from the angle of a Machinima producer, but there are many reasons why Blizzard will never endorse the use of one. From a legal standpoint this is an inexcusable violation of copyright laws and a direct violation of the end-user terms. Hosting a private server or logging into one violates a core set of rules that are used to preserve and protect the integrity of the game and Blizzard’s intellectual property.

What if I use a Private Server anyway?
While it’s unlikely that a lawsuit is going to arise against a Machinima producer, if Blizzard does become aware that you’re using a private server the law is on their side. Beware of submitting contest entries that use private servers or publically acknowledging that you use them. The best choice is just to seek alternative methods and avoid them altogether.

Will Blizzard ever change their mind about Private Servers?
If there’s a day when you can get away with walking into Blizzard headquarters, raising a flag and declaring your own sovereign country in their attorney’s office, that’d be a good day to negotiate.

Could Blizzard provide an alternative to Private Servers?
Many in the Machinima community have asked for official tools or a server that could be provided and supported by Blizzard for the purpose of exploiting the game engine in a way that was favorable for movie making like a World or Map builder, but there are several reasons you shouldn’t get your hopes up.

First, creating such tools is not likely to fit into their goals. Blizzard is a game developer and they’ll likely stay focused on their continued success in the industry. Since Machinima producers represent a very small portion of their demographic, you can’t anticipate they’re going to jump up and put together a team spending valuable resources even if they do love fan-movies.

Second, the expansion of the World of Warcraft universe lies solely within the capacity of their developers. Unlike Second Life, everything in WoW is created in-house. They control the lore, the dungeons, and the color of the terrain and sky. Allowing just anyone to pick up a set of tools and create their own universe using their engine could compromise the integrity of the game.

3rd Party alternatives to Private Servers
While Blizzard doesn't generally endorse or specify any 3rd party software for Machinima creation, using tools like WoW Model Viewer or extracting models and editing them in a 3D software is a much safer alternative for advanced movie creation. I can't say to what extent of flexibility Blizzard will allow, but it's likely we'll see a broadening definition as new techniques become more popular. A good hint is to thoroughly read the rules for official Blizzard movie contests and look for what qualifies as "entry materials".

Final Summary
We're still in the early stages of online movie making, especially in virtual worlds. In the generation of games to come you'll probably start to see game developers creating more advanced tools that are released with the game specifically to encourage fan-made content.

In the meantime there are rules that are entirely different between game developers and it's up to you whether or not you educate yourself and follow those rules. Regardless, game developers like Blizzard aren't necessarily trying to limit your creative control or discourage you even though it may feel that way by prohibiting the use of private servers.


Links to other articles in this series:
Blizzard & Machinima Law - Part 1 - Does Blizzard Hate you? What is Commercialization?
Blizzard & Machinima Law - Part 2 - Machinima Fair-use Guide
Blizzard & Machinima Law - Part 3 - Legal Ways to use Great Music

Credits
Written by: Clint Hackleman, Producer