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The RSPS (RuneScape Private Server) community continues to face heightened scrutiny as Jagex Limited ramps up efforts to enforce intellectual property rights. In a recent case involving Scape05.com and Scape05.ru, Jagex, represented by Stobbs (IP) Limited, issued a strong legal warning and successfully secured a UDRP (Uniform Domain-Name Dispute-Resolution Policy) decision to transfer the Scape05.com domain. This blog delves into the takedown, the legal claims, and what it means for RSPS operators.


Background: The Legal Challenge Against Scape05.com and Scape05.ru

Scape05.com and Scape05.ru hosted unauthorized, pirated versions of Old School RuneScape (OSRS) under the guise of a fan-driven, nostalgic experience based on the game’s 2005 version. Jagex took action, citing trademark infringement, copyright violations, and unfair competition.

In parallel to the UDRP complaint, Jagex’s legal representatives, Stobbs (IP) Limited, sent a comprehensive takedown letter detailing the alleged violations and their consequences.


The Key Takeaways from the UDRP Decision

  1. Trademark Infringement:
    The UDRP panel found that the Scape05.com domain name was confusingly similar to Jagex’s trademarks, particularly “RuneScape” and “DarkScape.” The use of “Scape” with the year “05” directly referenced a version of RuneScape from 2005, making it unmistakable to the panel that the domain was associated with Jagex’s intellectual property.

  2. No Legitimate Interests:
    The respondent claimed the project was non-commercial and included disclaimers disassociating it from Jagex. However, the panel concluded that hosting a pirated version of the game violated copyright laws and Jagex’s End User License Agreement (EULA), undermining any claim to legitimacy.

  3. Bad Faith Registration and Use:
    Evidence indicated the respondent intentionally registered and used the domain to host a pirated version of OSRS. The panel emphasized that leveraging Jagex’s goodwill for unauthorized purposes constituted bad faith.


Highlights of the Stobbs Takedown Letter

The legal letter from Stobbs (IP) Limited adds further context to Jagex’s legal strategy and underscores the seriousness of intellectual property enforcement.

  1. Jagex’s Intellectual Property Portfolio:
    The letter lists trademarks such as “RuneScape” (UK00003571276) and “DarkScape” (EU 018613417), along with copyright ownership of the game assets. These form the backbone of Jagex’s legal claims.

  2. Accusations Against Scape05.com and Scape05.ru:
    The letter details specific violations, including:

    • Use of a pirated OSRS copy.
    • Replication of official OSRS branding, including logos and in-game assets.
    • Trademark confusion and free-riding on Jagex’s reputation.
  3. Proposed Resolution:
    Jagex demanded:

    • Transfer of the domains to Jagex.
    • A commitment not to create future RSPS infringing on Jagex’s rights.
  4. Introduction of Project Zanaris:
    The letter highlights Jagex’s upcoming Project Zanaris, a legitimate, community-driven server platform allowing OSRS fans to create customized experiences within the bounds of Jagex’s intellectual property. This initiative offers an alternative to RSPS operators looking to comply with legal requirements.


Implications for the RSPS Community

The case and accompanying takedown document reveal Jagex’s increasingly aggressive enforcement against unauthorized private servers. With Project Zanaris on the horizon, the legal environment for RSPS operators is becoming more challenging.

For RSPS Operators:

  • Ensure your server does not replicate copyrighted content or infringe trademarks.
  • Monitor official developments like Project Zanaris for compliant opportunities.
  • Seek legal counsel if you receive a takedown notice.

For Players:

  • Be cautious about engaging with RSPS that may operate in legal gray areas.
  • Support community-driven projects like Zanaris, which have Jagex’s backing.

Conclusion

The Scape05.com case serves as a stark reminder of the legal risks facing RSPS operators. Jagex’s strategic approach combines legal enforcement with the introduction of community-focused solutions like Project Zanaris.

Stay informed about RSPS-related legal developments and industry updates by following rspstoplist.com—your trusted source for news and insights into RuneScape private servers.


Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.

Letter of Claim.pdf

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