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This allegedly isn't a DMCA safe harbor takedown, but rather a C&D based on Chapter 12 (which bans breaking DRM outside of certain exceptions, and I don't think
by 0xcde4c3db 3y ago
This allegedly isn't a DMCA safe harbor takedown, but rather a C&D based on Chapter 12 (which bans breaking DRM outside of certain exceptions, and I don't think any of the exceptions for video games cover personal entertainment use). As far as I know, Chapter 12 violations are considered a separate consideration from copyright infringement and are thus not covered by the safe harbor process (outside of which a counter-notification is irrelevant).
- wtallis 3y agoFrom a more informed source (outgoing treasurer of the foundation backing Dolphin, and HN user delroth): https://mastodon.delroth.net/@delroth/110440308907131051 https://mastodon.delroth.net/@delroth/110440308907131051 So yes, this is about the anti-circumvention provisions and not related to the takedown procedure that usually comes to mind when the DMCA is mentioned.
- Culonavirus 3y agoThanks for more info! And excuse my language, but holy fuck Valve is not what it portrays itself to be. Going around and proactively seeking legal approval of third parties, that is NOT what I expected them to do, let alone in a case where an emulator is the core of the issue. They basically preemptively covered their ass just so the 0.1% chance of Nintendo suing them is 0. Nice. Imagine selling a product on Steam and Valve going behind your back and discussing with your competition if it's ok to have your product on Steam (lawyers to lawyers, no courts involved!)... I know it's not the same, but this case doesn't exacly inspire confidence in them being hands off in the future!