I'm confused. What if you are running a free build server, and you want to give donators certain things such as gamemode?!? it wont give them advantages due to the fact that it is FREE BUILD!! And anything said by mojang on twitter or anything (ex. BTW such and such is also in the eula now) is NOT legally included in the eula, so technically its not against the eula. for it to be included they would have to update the eula, which they haven't done!!! I really hope sales go down for them so maybe this whole thng will turn out to be a slap in the face! Maybe they will realize what the saying "if it aint broke, don't fix it" REALLY means!!
