Comment on Discord is nuking Nintendo Switch emulator devs and their entire servers
BrikoX@lemmy.zip 6 months agoThey 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.
BrikoX@lemmy.zip 5 months ago
Right, if they host it, but they don’t. That’s the difference between what happened with GitHub/GitLab.
And they can’t sue without the case having any merits. Meritless lawsuits also legally known as frivolous lawsuits are thrown out before even discovery phase with attorney fees awarded and the moron lawyers getting sanctioned.