Private Servers

Question

I know that starting up a private server of an online game is illegal. However, what if I have access to the source files of a specific game, and change/implement the code so that it's a completely new thing? (Like improving graphic quality, fixing bugs, updating game engine, adding new quests/items, etc.) Although it would look very similar in terms of items, terrains, HUDs, the source would be a completely new thing. If that's the case, would it be still illegal (in terms of copyrights/intellectual theft) to publish this game?

I mean the firm that has the copyrights of the game I'm talking about are basically ruining the game because they're careless and negligent of its users. And because of that, many people are playing on private servers instead.

Answer 1

Although it would look very similar in terms of items, terrains, HUDs, the source would be a completely new thing.

Developers can copyright the graphics, title, story, and characters; this is what you are copying. This is illegal and it's possible you will be found in copyright violation and face possible civil action if you copy the look and feel of the game and duplicate it with your own code.

From a copyright standpoint, it's more difficult to protect software design and game mechanics and the code itself; this is not what you are copying.

I mean the firm that has the copyrights of the game I'm talking about are basically ruining the game because they're careless and negligent of its users.

This doesn't mean anything; they are free to do what they wish with their products and marketing. They can close their business, destroy their products, make bad products, etc.; it's their choice, not anyone else's.

And because of that, many people are playing on private servers instead.

That is another choice that is made and is a completely different point that you making a copy of the game. The owners of those other servers may be in violation of the TOS of the game by copying and running the game on their own server, or running an unauthorized copy of the original software.