Daybreak is chasing EverQuest emulator operators from The Heroes Journey in court

Never let it be said that nobody cares about classic EverQuest: Half a dozen readers tipped us last night about a legal mess brewing over in the world of ancient MMORPGs as Daybreak is pursuing one of the EverQuest emulator servers, The Heroes Journey, and its developers in court.

Readers might be scratching their heads over this server, but that’s likely because we don’t cover it or this type of emulator; our policy is usually to limit our emu coverage to dead games and game preservation efforts, so as not to interfere with the workings of live, functional MMOs (we’re, uh, not trying to ruin Daybreak here). Notably, Daybreak has a strong history of supporting old versions of the game through both licensed player-run ventures (Project 1999) and its own limited-time progression servers, so the game preservation case here is paper thin.

Nevertheless, we’re mentioning it here because an MMORPG developer suing emulator players is a big deal. There are actually dozens of EverQuest emulators floating around thanks to the open-source project EQEmulator; it is our understanding that EQEmulator itself is likely safe, as it was built from scratch and does not use Daybreak code. But so far, at least two other servers have temporarily closed their doors while this legal mess plays out (see end of this post for details/updates). THJ was by far the largest of the EQ servers, with nearly 2000 players online as we type this and a past peak concurrency over 4500. As Wilhelm aka The Ancient Gaming Noob pointed out to us, THJ boasted additional content and post-Velious expansion content, suggesting it may have interfered with uptake for the existing progression servers and licensed servers. MOP tipster Crimson also noted that THJ took “donations” in exchange for in-game currency and other in-game salables, which is usually a legal red flag in cases like this.

Amusingly, it was actually a post on Reason that alerted the wider public to the case. Law nerds will know that Eugene Volokh hasn’t gotten a sudden hankering for MMORPGs; he’s just got a special interest in cases involving attempts to seal cases and anonymous/pseudonymous litigation. Here, Daybreak et al. had apparently sought to seal the case, secure a temporary restraining order against the emulator, and unmask the currently anonymous co-defendants, but the judge denied those requests. Still, the document gives us a clear idea what Daybreak is doing here.

“Daybreak alleges that Defendants Kristopher Takahashi and Alexander Taylor, as well as yet to be identified Defendants Does 1-20, collaborate to ‘create, develop, distribute, and promote an unauthorized and illegal EverQuest emulator called ‘The Heroes’ Journey'” (“THJ”),” the court order states. “By operating the emulator, Daybreak alleges that Defendants engage in ‘systematic and deliberate copyright and trademark infringement.'” Yes, that sentence has a dangling participle, so it actually says the opposite of what the court meant to say there, but what do we know; we’re just game journalists. Ultimately, Daybreak argues that the defendants are “causing immediate and irreparable harm by infringing on its intellectual property,” in violation of the DMCA.

Yesterday, the operators of THJ’s Discord channel were projecting optimism about their chances for success.

Last night, the EQEmulator team barred discussion of the lawsuit on Discord, asked fans not to harass Daybreak, and invoked game preservation. We understand that EQE itself does not take donations (which is likely why it has never been sued).

And here you thought the Epic Games stuff would be the most interesting court case of the year. This one is clearly worth watching.