According to them, they were never shutdown. It was asked on their site why wont Elysium just get shutdown too, the response from the Nost folks was that Blizzard never shut down Nostalrius, that all Blizzard had done was sent a cease and desist letter and that Nost decided to voluntarily shutdown as a gesture of goodwill in order to facilitate official talks with Blizzard about legacy servers. Blizzard agreed to the talks and Nostalrius documented and made public the results of those talks. Then Blizzard appeared to drop the idea and so the Nostalrius guys went ahead and released their source to Elysium and have aided in bringing Nostalrius back. According to their response to that question, the possibility of Blizzard being able to forcibly shutdown Nostalrius france based servers was always exceptionally small and as such this time (given that they see Blizzards apparent backdown on a vanilla server as them turning their back on the idea and reason for the voluntary shutdown of Nostalrius) , that this time they will refuse to shutdown if Blizzard send a similar C&D