Comment on Discord is nuking Nintendo Switch emulator devs and their entire servers
RvTV95XBeo@sh.itjust.works 5 months agoThe whole issue is that no Discord terms of service were violated here.
Really? I’m not a lawyer, but…
TOS:
We reserve the right to block, remove, and/or permanently delete your content if it is in breach of these terms, our Community Guidelines, our other policies, or any applicable law or regulation, or if it creates risk for Discord or negatively impacts the experience or interests of other Discord users to continue to make it available.
Community guidelines:
24. Do not share content that violates anyone’s intellectual property or other rights. This includes sharing or selling game cheats or hacks. (See our Unauthorized Copyright Access Policy for more.)
For more information on how Discord handles copyright complaints, please view our Copyright & Intellectual Property Policy.
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 5 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 5 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.
BrikoX@lemmy.zip 5 months ago
Under which grounds? For a threat to work, it has to have some merits.
Kecessa@sh.itjust.works 5 months ago
They could threaten to sue discord for hosting copyrighted content, even if they expect to lose it doesn’t matter, the goal is to make discord close the channel and it worked.
Cost/benefit analysis, you’ll probably win the lawsuit, it will still cost you a shit load of money in the meantime and you’re fighting against a company that has enough money to stop all its activities for a decade and still come out with enough funds to resume activities as if nothing happened. Or you can just ban one community from your platform.