this post was submitted on 14 Aug 2023
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Mildly Infuriating
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This is probably the best option for Lemmy.world. It’s not being run by a big company, after all. Normal people often get screwed when their servers have anything related to piracy on them.
Yeah. It objectively makes little sense that you can google/bing for pirated media and not from other indexes but companies like Google and Microsoft are basically untouchable. I think LW admins have little choice. If you look at the dude who shared Nintendo ROMs you can see that the court was out to set an example and left the services that made people find those ROMs completely alone.
Out of the loop, what Nintendo do?
Recently Nintendo closed a lawsuit where the person in question is basically doomed to a lifetime of financial ruin. He was to spend 3 years in prison but was released and owes Nintendo $10 million. Nintendo, the poor indie company, is now entitled to 25% up to 30% of his income for the rest of his life. Gary Bowser Vs. Nintendo.
His name is fucking Bowser!? He needs to sue Nintendo for infringing on his trademark
Hmm, an amount of $10 million to sue Nintendo for trademark infringement sounds fair.
Fuck Nintendo, jesus
In 2018, someone maintaining a ROM site was ordered to pay Nintendo $12 million.
In late 2021, someone was sentenced to 10 years of prison and to pay Nintendo $14.5 million. That person got out on good behavior last April, but 25-30% of their wages are going to be garnished until their debt to Nintendo is paid off - which will likely take the rest of their life.
Sued him (so far nothing irregular) and he has to pay 10 million dollars or something along this magnitude. Bottom line is, he will have to give a good portion of his income for the rest of his life to Nintendo. OK, that guy was kinda stupid and monetized the website through ads but the punishment is still super excessive for something that resulted in no bodily harm for anyone. Meanwhile, the ROM site could be googled and yet Google is still free to allow users to find pirated media. YouTube started as a video piracy platform (not officially, of course, but unlicensed uploads of popular videos were the reason YouTube grew so much). LW admins will not be granted the same luxury.
Didn't they monetize the website through subscriptions?
They sold a physical switch hacking device
Ah, looked more into it and yes, it appears I was mistaken. What got Bowser though is that it appears that they also set up access to roms though I don't know if this was included in the purchase of the device.
This was from one of his e-mails:
Maybe, maybe not. I didn't look up the exact details before writing because the overall point remains that courts punish individuals exceptionally hard for copyright offenses.
Great summary on this Episode of Darker Diaries from last week
Nintendo aggressively pursues copyright claims, often spuriously.
Not enough apparently
Here's an article that has more details on what happened.
What Sega doesn't
No, wait
Spoken like a true Darknet Diaries listener :)
I think people greatly underestimate the expense of legal disputes, in terms of money, time and energy required. When you're going up against industry legal professionals who are backed by large companies with government influence, it's an unfair battle from the start.
I can't blame anyone for giving the possibility a wide berth, and it speaks to the need of more fediverse instances in places with better legal protections. There's a good reason why some services are based in the Caribbean - it's protection from the litigious easily fucking with your entire life with scattershot automated subpoenas.