Legal Status & Fair Use

Last updated: August 26, 2026 · Version 1.2

This is our honest, plain-language statement of what Elemental Fracture is, what it isn’t, and why we believe our preservation work stands on solid ground. It expands the short notice shown in our Discord (/legal), on our website footer, and in the launcher. It reflects our good-faith understanding of our position; it isn’t legal advice.

What Elemental Fracture is

Elemental Fracture is a community-driven, volunteer, non-commercial preservation project dedicated to keeping the online services of Spellbreak® playable after the game’s official shutdown. Spellbreak® was originally developed by Proletariat, Inc., now a subsidiary of Blizzard Entertainment. When the official servers were permanently discontinued, an online-only game became unplayable. Our purpose is to keep it from being lost.

• Everyone involved is a volunteer and receives no financial compensation.
• The project is not run for profit. We don’t sell the game, sell access, or sell any proprietary content.
• Donations are voluntary and go solely to real costs: website hosting, game servers, and the CDN for patch updates.

Not affiliated, and no endorsement

Elemental Fracture is an independent fan project. We are not affiliated with, sponsored by, or endorsed by Proletariat, Inc., Blizzard Entertainment, Microsoft, or their partners. Spellbreak®, its characters, artwork, music, world (“the Hollow Lands”), and marks belong to their respective owners; we claim no ownership over any of it. We use the name Spellbreak® only to accurately identify the game we preserve, and we take care (this page, our disclaimers, our own branding) not to imply we’re the official game or an official service.

Why we believe this is fair

We rely on the principles of Fair Use and video game preservation, not on any idea that the game is “free to take”:

• Our use is non-commercial and preservational. We don’t profit from the work.
• The game has been permanently shut down and isn’t sold anywhere, so our work competes with nothing and costs no one a sale.
• Our server software is our own original work, written to make the existing game client function again. The original server code was never given to us. Reverse engineering to make compatible, interoperable software is a well-established, legitimate practice.

While Spellbreak® has been abandoned by its developers, the idea of “Abandonware” does not grant legal ownership or the right to republish proprietary intellectual property, and we don’t claim it does. Our efforts align with the principles of video game preservation and with the 2018 federal ruling that provides exemptions for preserving online-only games under specific conditions. These exemptions are reviewed every three years, and we keep our activities within their scope.

We honor the rights holders

Nothing here is a claim against Proletariat, Blizzard, or any rights holder. All intellectual property in Spellbreak® remains theirs. If a verified rights holder contacts us, we will engage in good faith rather than ignore it, and we’ll promptly review and act on valid takedown requests. Reach us at [email protected]. Our aim is preservation and community, not conflict.

What we will never do

• Sell the game, sell proprietary content, or charge for access to play.
• Republish Spellbreak® on any commercial storefront.
• Claim ownership of the game, its assets, or its trademarks.
• Present ourselves as the official game or an official service.
• Use donations for anyone’s personal enrichment; they cover infrastructure only.

A couple of practical notes

• We operate our own community servers; players connect only to servers the community provides. We don’t touch anyone else’s systems.
• How we handle personal data is covered in full in our Privacy Policy: we collect the minimum needed, never sell it, and you can access or delete it any time.

Elemental Fracture and its software are provided “as is,” without warranty. This page is a good-faith statement for transparency, not legal advice.

This is a preservation effort made by fans, for fans, out of love for a game we didn’t want to see disappear. If you’re a rights holder and want to talk, please reach out at [email protected]; we’re approachable and we act in good faith.