4 ms·

Is it your position that no entity should ever try to challenge a big company's interpretation of the law, however ridiculous it may be? At that point, why even

Is it your position that no entity should ever try to challenge a big company's interpretation of the law, however ridiculous it may be? At that point, why even have a judicial system?

pdimitar 3y ago
Many people agree but don't have the resources or are risking too much if they try. If you think you can make a difference, the world will welcome you.
jonhohle 3y ago
It’s an expensive theory to test. I would imagine most OSS projects or their contributors are not in a financial position to get to court, let alone see the trial to a conclusion. I don’t know what to do about it, but it seems we’ve fell into aristocracy of ruling corporations.
- EMIRELADERO 3y ago
  That's what advocate and civil rights organizations are for. I bet the likes of the EFF would be very interested in taking this case. It aligns with their incentives to take down the DMCA.
  - viraptor 3y ago
    If EFF is very interested, they can find a way to test it themselves. But here, even with EFF's help the developers would be still exposed to risk. EFF is not able to say "we'll fight this for you, pay 100% of expenses and your time's worth, and go jail instead of you if things turn really bad".
favorited 3y ago
Because the last time it was litigated in the US, the good guys won. But SCEA v. Bleem was over 20 years ago, and there's no guarantee that the courts won't roll back protections for emulation development. NoA is notoriously vindictive & litigious, and they have more money than the Dolphin devs. Even though Sony lost the case, the lawsuit ruined Bleem. It's not outside the realm of possibility that Nintendo will try to do the same thing to Dolphin, Ryujinx, Yuzu, etc.
- dingledork69 3y ago
  So when a bigcorp says jump you expect everyone to just do so?
  - falcolas 3y ago
    I think the point is, you’re welcome to place yourself in Nintendos crosshairs, and we’ll cheer you on as you pit your billions against Nintendos billions, fighting for a favorable ruling. Dolphin developers apparently are not in a position to pit billions against Nintendo. Can’t blame them either.
    - dingledork69 3y ago
      [flagged]
      - falcolas 3y ago
        [flagged]
        dingledork69 3y ago
        [flagged]
      - LocalH 3y ago
        I mean, I support emulation fully, I believe that "it's always morally correct to pirate Nintendo", and I even believe that piracy is preservation, but come on. The Dolphin devs included the Wii keys, which was so incredibly stupid, probably one of the few completely brain dead actions that the Dolphin team has taken in the entirety of the emulator's history.
        dingledork69 3y ago
        Using dolphin does not equal piracy.
bowsamic 3y ago
Every interaction with IP law is a total gamble and if you lose you are gone forever. It's best to take as few gambles as possible
rcxdude 3y ago
The main point is that it's not a good survival strategy for a hobbyist project that may draw the ire of a big company: even if the companies legal action is completely frivolous, it can easily destroy the project (basically the only option they actually have is enough public outcry to get the company to back off due to the bad publicity). Generally speaking laying low is the better option. It sucks, and it's a big problem with the current judicial system, but it is the status quo. It would take someone able and willing to put some serious resources into a risky bet to change that.
Tams80 3y ago
Sometimes it's just better to settle for good enough, or in this case pretty damn good. But no, some of you want the most convenient way. Only this time, that's painted a massive target on the back of what you want.

Is it your position that no entity should ever try to challenge a big company's interpretation of the law, however ridiculous it may be? At that point, why even have a judicial system?

pdimitar 3y ago

Many people agree but don't have the resources or are risking too much if they try. If you think you can make a difference, the world will welcome you.

jonhohle 3y ago

It’s an expensive theory to test. I would imagine most OSS projects or their contributors are not in a financial position to get to court, let alone see the trial to a conclusion. I don’t know what to do about it, but it seems we’ve fell into aristocracy of ruling corporations.

EMIRELADERO 3y ago
That's what advocate and civil rights organizations are for. I bet the likes of the EFF would be very interested in taking this case. It aligns with their incentives to take down the DMCA.
- viraptor 3y ago
  If EFF is very interested, they can find a way to test it themselves. But here, even with EFF's help the developers would be still exposed to risk. EFF is not able to say "we'll fight this for you, pay 100% of expenses and your time's worth, and go jail instead of you if things turn really bad".

favorited 3y ago

Because the last time it was litigated in the US, the good guys won. But SCEA v. Bleem was over 20 years ago, and there's no guarantee that the courts won't roll back protections for emulation development. NoA is notoriously vindictive & litigious, and they have more money than the Dolphin devs. Even though Sony lost the case, the lawsuit ruined Bleem. It's not outside the realm of possibility that Nintendo will try to do the same thing to Dolphin, Ryujinx, Yuzu, etc.

dingledork69 3y ago
So when a bigcorp says jump you expect everyone to just do so?
- falcolas 3y ago
  I think the point is, you’re welcome to place yourself in Nintendos crosshairs, and we’ll cheer you on as you pit your billions against Nintendos billions, fighting for a favorable ruling. Dolphin developers apparently are not in a position to pit billions against Nintendo. Can’t blame them either.
  - dingledork69 3y ago
    [flagged]
    - falcolas 3y ago
      [flagged]
      - dingledork69 3y ago
        [flagged]
    - LocalH 3y ago
      I mean, I support emulation fully, I believe that "it's always morally correct to pirate Nintendo", and I even believe that piracy is preservation, but come on. The Dolphin devs included the Wii keys, which was so incredibly stupid, probably one of the few completely brain dead actions that the Dolphin team has taken in the entirety of the emulator's history.
      - dingledork69 3y ago
        Using dolphin does not equal piracy.

bowsamic 3y ago

Every interaction with IP law is a total gamble and if you lose you are gone forever. It's best to take as few gambles as possible

rcxdude 3y ago

The main point is that it's not a good survival strategy for a hobbyist project that may draw the ire of a big company: even if the companies legal action is completely frivolous, it can easily destroy the project (basically the only option they actually have is enough public outcry to get the company to back off due to the bad publicity). Generally speaking laying low is the better option. It sucks, and it's a big problem with the current judicial system, but it is the status quo. It would take someone able and willing to put some serious resources into a risky bet to change that.

Tams80 3y ago

Sometimes it's just better to settle for good enough, or in this case pretty damn good. But no, some of you want the most convenient way. Only this time, that's painted a massive target on the back of what you want.