Comment on Discord is nuking Nintendo Switch emulator devs and their entire servers
AceFuzzLord@lemm.ee 6 months ago
Well, the next best option would be paying for hosting in a 3rd world country who doesn’t give a shit about international copyright laws. Not an easy task, but hosting your own Discord like platform is probably the absolute best you can do if you’re running an operation like making an emulator while the copyright bandits cry foul.
BrikoX@lemmy.zip 6 months ago
Sure, hosting your own platform or using a decentralized solution would prevent this bullshit, but the whole situation is worse than just them deleting it. The whole issue is that no Discord terms of service were violated here. So they went against their own terms with this move, which means anyone is subject to the same actions even if they are complying with the terms of service.
RvTV95XBeo@sh.itjust.works 6 months ago
Really? I’m not a lawyer, but…
TOS:
Community guidelines:
Given that there’s a court order stating these tools violated Nintendo’s intellectual property rights, not sure how you can draw the conclusion that this is somehow not a violation of the TOS
BrikoX@lemmy.zip 6 months ago
They didn’t share the content in Discord. It’s a huge distinction.
If we were to interpret this the way it was applied in this case, pretty much all servers would have to be removed. You shared an image you don’t own the copyright to, server nuked. You shared the video you don’t own the copyright to, server nuked. You shared the link to some tool that allows you to download a video you down have a copyright to, server nuked.
And there isn’t a court order “stating these tools violated Nintendo’s intellectual property rights” since the case was settled outside of court.
Kecessa@sh.itjust.works 6 months ago
The only one I can see that could be applied to the situation is “risk for discord” if Nintendo threatened them with a lawsuit.
chicken@lemmy.dbzer0.com 6 months ago
Well yeah. Terms of service don’t exist for the benefit of the users. If the company doesn’t like what you are doing, nothing stops them from banning you, there’s no reason to expect them to try to be fair about it. This is why these sites/apps having a dominant position is such a problem.
BrikoX@lemmy.zip 6 months ago
Terms of service is actually a two party agreement. It’s very weak on the consumer side due to capitalism, but it’s technically enforceable. Hence, all the class action lawsuits happens when company side breaks that agreement. They need to show that you broke terms of service to justify a ban. Prior to both sides agreeing, they can refuse to allow you to use the service for any reason. People seems to conflate these two things.
If companies terms of service said “we can do whatever we want whenever we want, and you have no rights” nobody would sign those terms.
Makeitstop@lemmy.world 6 months ago
Nobody who took the time to read the terms of service, and who felt that there was a real risk of those terrible terms being invoked, and who felt they had a viable alternative. But for the other 99.9% of people, they will just hit agree and move on.
chicken@lemmy.dbzer0.com 6 months ago
I don’t buy it. If you have examples of someone successfully suing to be unbanned because the ban was beyond the terms of service I’ll be convinced but I don’t think that’s ever happened or would ever happen because I don’t think terms of service waive any rights to deny access to servers the company owns, especially when it’s free to begin with.
From the article:
The bans I’ve gotten myself are always like this when it’s a big company. No real explanation given, no recourse possible, I don’t expect a lawyer would tell me differently. IMO the only solution is to stop focusing on the “rules” they have written entirely for their own benefit and start using systems that are more decentralized in terms of who is actually in control.
TropicalDingdong@lemmy.world 6 months ago
Sure, but if you were comfortable with Discord as a home for this work, people have been speaking up against discord as a resource for these kinds of things pretty much since the beginning of discord.
Its a lesson learned, but better off now that later. No corporation can be trusted. You have that knowledge now if you didn’t before. Make decisions accordingly.
BrikoX@lemmy.zip 6 months ago
People were not comfortable about it until 2021 when they relaxed their terms of service. Heck, Discord even approved them as community servers that have stricter rules.
It’s a clear move that they are done with Discord being a chat platform and ready for their IPO.