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Warning to all streamers!

Discussion in 'Help & Advice' started by Romeo, Apr 17, 2015.

  1. Romeo
    Offline

    Romeo Slime

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    Mar 16, 2015
    Antarctica
    4:37 AM
    Romeo
    Do not stream Maple Legends guys, I got "shrekt" by Neckson themselves.
    I got home from work and a friend told me my twitch was banned.
    I checked my email and my account is unable to stream for 24 hours.
    Take this as a warning - they are watching OnionBaby
    [​IMG]
    REKT
     
    Last edited: Apr 17, 2015
    • Like Like x 1
  2. Kimmy
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    Kimmy Administrator Staff Member Administrator Game Moderator

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    Sep 9, 2014
    The Netherlands
    10:37 AM
    Moderator Post
    Twixt got same warning. Guess I was right after all they still take down PS streaming, kinda unfortunate.
     
  3. NSFW
    Offline

    NSFW Skelegon

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    Dec 11, 2014
    2:37 AM
    NSFW
    Sad, but thanks for sharing and thanks for the warning. This will prevent other people getting their accounts in trouble.
    Would getting in contact with Neckson help at all or no?
     
  4. Midnight
    Offline

    Midnight Skelegon

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    Jan 2, 2015
    5:37 AM
    Midnight/TheMorrigan
    Dragon Knight, Assassin
    120
    WeenieHutJrs
    Dam, I thought Neckson finally figured out that these smaller, old version pservers don't affect their income...
    They're just mad cause they fucked up their game
     
    • Like Like x 2
  5. Bulba
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    Bulba Skelegon Retired Staff

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    Dec 11, 2014
    Male
    Singapore
    5:37 PM
    Now we move to making videos on YouTube? I think it'll be great to find alternative ways to keep up the stream of incoming players.
     
    • Like Like x 2
  6. Midnight
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    Midnight Skelegon

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    5:37 AM
    Midnight/TheMorrigan
    Dragon Knight, Assassin
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    WeenieHutJrs
    Way to be optimistic, Bulba.
    I'll cover the porn sites.
     
    • Like Like x 10
  7. Exiled
    Offline

    Exiled Horny Mushroom

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    Apr 9, 2015
    Male
    5:37 AM
    Exile
    Chief Bandit
    0
    I highly doubt that Neckson ever gave express permission to any GMS private server streamers... This seems kind of sketchy.
     
  8. Ghost
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    Ghost Dark Stone Golem

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    Jan 10, 2015
    Male
    Georgia
    5:37 AM
    They have people patrolling twitch but no one making their shitty game better. Priorities.
     
    • Like Like x 2
  9. Aquarium
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    Aquarium Selkie Jr.

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    Apr 4, 2015
    Male
    Sweden
    10:37 AM
    Aquarium
    Spearman
    56
    First Vanilla WoW and now Pre-BB MapleStory, RIP in Peace :c
     
  10. Latte
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    Latte Headless Horseman Retired Staff

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    Mar 29, 2015
    USA
    5:37 AM
    Latte
    Bishop
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    Horizon
    Pointless on there part.
     
  11. Exiled
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    Exiled Horny Mushroom

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    Apr 9, 2015
    Male
    5:37 AM
    Exile
    Chief Bandit
    0
    Whats sad is that copyright law was originally made to stop people from stealing intellectual property and passing it off as their own. Streaming a PServer is by no means doing that. Therefore it is stupid that they have taken down streams and even PServers (they have given up on sueing private servers in recent years though) under the DMCA. However streaming a pserver is against the TOS of maplestory. BUT, you should appeal against the DMCA takedown. If you were not soliciting donations or charging subscription fees on your channel I believe that is fair use. Neckson will still take you down for TOS abuse but you might get away with streaming for a while longer, with your initial warning revoked. Therefore, you have nothing to lose.

    Fight the power, make Neckson work for their takedowns.

    EDIT - for fun, go look up amendment V of the DMCA
     
    Last edited: Apr 23, 2015
  12. Zeretius
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    Zeretius Windraider

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    Apr 5, 2015
    Male
    Ontario, Canada
    5:37 AM
    Zeretius
    Bowmaster
    200
    Project
    Streaming on twitch playing a private server isn't against twitch tos. DMCA is causing the bans, hens the Neckson ToS.

    16. LIQUIDATED DAMAGES.

    In addition you agree not to create, design, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by Neckson, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats.

    You also agree that if you use such a program to play any of the Neckson games, or engage in the use of a private server, you will have the unconditional obligation to pay Neckson America Inc. the sum of One Thousand ($1,000) Dollars as liquidated damages for each time you use such a program, which shall be due and payable immediately upon notification to you of said infraction


    if anyone was curious, more can be found here. http://nxcache.Neckson.net/nx/global/legal_info/terms.html
     
  13. Abamita
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    Abamita Mushmom

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    Mar 30, 2015
    6:37 AM
    Abamita
    Chief Bandit
    That isn't true. Section 10-3 of the Twitch Terms of Service forbids broadcasting a violation of copyright, which includes DMCA. Neckson is requesting that the streams be taken down, but Twitch has already forbidden them, as well.
     
    Last edited: Apr 23, 2015
  14. Kerners
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    Kerners Snail

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    Apr 12, 2015
    5:37 PM
    Teddie
    Marksman
    DMCA aside, even the LD clause is questionable.
    LD clause is probably unenforceable depending on the jurisdiction. if it was tried in a common law system it will be held to be a penalty, which is unenforceable. An LD clause is only enforceable if it is a genuine pre-estimate of loss (Dunlop Pneumatic Tyres). whether it is a genuine pre-estimate depends on whether it is reasonable and not just the express wording of the clause (as LD or as penalty) because effect must be given to the parties' intentions. some guidelines can include (1) whether the sum is extravagant or unconscionable (2) whether it exceeds the loss (3) whether it is one lump sum that can include trivial breaches, though the main factor would be (1) with regard to range of losses that are reasonably anticipated from breach. (Philips Hong Kong).
    Applying that to the case, Factor (1): $1k per use is probably held to be 'extravagant' or 'in terrorem' because it is wholly disproportionate to the loss caused by each use of a private server. The losses anticipated from breach tend to include the loss of that customer who is supposed to play the official server, but is unlikely to spend anything even close to $1k on the official game. therefore, that is wholly out of proportion to the sum of thousands of dollars penalized given that the customer in question probably has multiple uses of the private servers, which is common and reasonable. Factor (3): The one lump sum includes both serious breaches and trivial breaches like mere use as opposed to operation or running of a private server. Conclusion: It is likely to be found that it is an unreasonable penalty rather than an LD and thus unenforceable.
     
  15. Animate
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    Animate Timer

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    Apr 2, 2015
    Male
    5:37 AM
    Donut
    I/L Mage
    93
    JSquad
    Time to go stream them on youtube instead.
     
  16. Aquarium
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    Aquarium Selkie Jr.

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    Apr 4, 2015
    Male
    Sweden
    10:37 AM
    Aquarium
    Spearman
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    Or hitbox.tv.
     
    • Like Like x 1
  17. Kimmy
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    Kimmy Administrator Staff Member Administrator Game Moderator

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    Sep 9, 2014
    The Netherlands
    10:37 AM
    Moderator Post
    This is 100% unconfirmed for now but it seems like Twitch especially get people that AFK stream (ex: keep game on while away/sleeping). Twix did this and got sniped the next day and Shaved fell asleep today and got a 1 day warning as well. I don't know if they just pull the AFK streams down and be like "ok let's just give that warning too while at it" or its pure coincidence, but try NOT to afk stream and stop your stream when you go, unless its like for 5 min.

    AFK streaming and steaming non-gaming content is *actually* fully against their rules.
     
    • Like Like x 1
  18. Neko
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    Neko Wolfspider

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    Dec 26, 2014
    10:37 AM
    Neko / Inumimi lvl 6x BM
    Bishop
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    Project <3
    I never afk/sleep stream and i haven`t had any warnings yet, so seems like this could be one of the reasons why people get the warnings (x
     
  19. tommi
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    tommi Donor

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    Apr 19, 2015
    Male
    3:37 AM
    Beginner
    Unlucky i guess, I used to stream ellinia with an average viewer count at 50 ish and never gotten banned.
     
  20. Exiled
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    Exiled Horny Mushroom

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    Apr 9, 2015
    Male
    5:37 AM
    Exile
    Chief Bandit
    0
    as i posited earlier, private servers with recent MS versions are magically exempt from DMCA. Mad suss... Seems like Neckson (or its smug community manager dude [forgot his name]) just doesn't want to swallow the idea that it ruined its own game.
     

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