Turtle WoW, a fan-run private server based on Vanilla World of Warcraft, is already the subject of a lawsuit by Blizzard. The team recently shared a letter on the server's site asking Blizzard to create a formal licensing framework for fan-run, private servers.
The letter begins with a summary of who the team is behind the server that has been running since 2018, saying that the team has worked to create "an environment where others can experience the vision we all share through expanding and adding onto the universe you have created".
Their biggest angle of defense in this letter looks towards other games that have embraced modding, including partnerships for other MMORPGs like EverQuest private server Project 1999 and City of Heroes: Homecoming, in addition to other mod acceptance and promotion such as Fortnite's Creative Mode, Bethesda's support of Skyrim mods, and Rockstar's partnership with FiveM for Grand Theft Auto V.
"Your storytelling has inspired this creativity, and we hope that Blizzard embraces fan-driven content as its own legacy, rather than alienate this passionate community," the Turtle WoW team says in their request.
Yet, with Blizzard already having taken legal action, running multiple versions of WoW Classic, and with a negligible incentive to agree to do this, it remains to be seen if the appeal leads to anything. It also comes at a time when, with Midnight, Blizzard is moving to disallow many fan-made add-ons, instead moving some of the functions they serve into the internal build.
EverQuest private server The Hero's Journey recently closed after Daybreak Game Company took legal action over copyright violations. Daybreak pointed to donation solicitation in their case, something Blizzard has also put in their filings.