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> Authorities believe Once Were Nerd's activities may still run afoul of Article 171 in Italy's copyright law, which allows for up to three years imprisonment
by user_7832 1y ago
> Authorities believe Once Were Nerd's activities may still run afoul of Article 171 in Italy's copyright law, which allows for up to three years imprisonment for violations. (Emphasis mine)
That seems... very excessive? Who's actually being hurt here? No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore. Seems pretty much like a classic victimless crime IMO.
> Agents accused the creator of promoting pirated copyrighted materials stemming from his coverage of Anbernic handheld game consoles.
Seems hardly something worthy of arresting, let alone jailing someone.
> Italy has a history of heavy-handed copyright enforcement—the country's Internet regulator recently demanded that Google poison DNS to block illegal streams of soccer. So it's not hard to believe investigators would pursue a case against someone who posts videos featuring pirated games on YouTube.
Oh well... didn't realize Italy was like that
- progval 1y agoFrance too: https://torrentfreak.com/opendns-suspends-service-in-france-due-to-canal-piracy-blocking-order-240629/ https://torrentfreak.com/opendns-suspends-service-in-france-...
- bmacho 1y ago> Who's actually being hurt here? No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore. People are buying them, they just pay the Chinese, and not Nintendo/SONY. "Who's actually being hurt" and " aren't even sold by the original company" is not a good argument. Nintendo clearly can sell those games for a sum anytime it wants to. They are just manufacturing a scarcity right now, or at least they are trying. They are the ones "being hurt", in the standard sense.
- crtasm 1y agoAccess to NES, SNES and N64 games is a perk of Nintendo's paid online subscription so pirate copies do compete with that to some extent.
- mvieira38 1y agoNot the entire library, though. Games that aren't offered in any form anywhere, and also games that weren't localized (like Mother 3) shouldn't have copyright enforceable. It's either you give up production of the game or you produce it forever, no other sane way to go about it
- brookst 1y agoI hate overzealous copyright prosecution as much as anyone, but I’m very wary of a model where you have to use something you own to maintain ownership. There are things that work that way (RF spectrum), but in general I think it would cut against the purpose of copyright. I do think there’s value in giving creators exclusive rights to their own work, and making it contingent on distribution would hurt small companies more than big.
- _aavaa_ 1y agoThe only thing you own is the right to a time-limited monopoly of commercialization.
- izacus 1y agoNintendo can sell them only because we grant them mo monopoly rights to do so. It's been more than 30 years since the games creation, let's revoke them now.
- bmacho 1y agoI mean, yes, but it is how IP works. You can either grant IP for everyone equally, or point at some companies that they are rich and consumer hostile anyway so they don't get no IP, or abolish IP altogether. What Nintendo is doing is no different than what everyone is doing, except that you hate them.
- gpm 1y agoThe person you are responding to is pretty clearly of the opinion that "30 years is too long a term for copyright" not "they just hate Nintendo".
- deleted 1y ago[deleted]
- const_cast 1y agoIMO the problem isn't that copyright lasts too long, although that matters too, but rather that you don't need to provide copyrighted material. So basically Nintendo, and others, just hold their copyright material hostage to artificially inflate it's value. The scarcity around Nintendo games is intentional and purely artificial. This shouldn't be allowed. If you want to maintain copyright on old ass shit, then fine, but you actually have to still sell that old ass shit. Otherwise what are you claiming copyright on? A product that doesn't exist? Why would you do that? Only for nefarious reasons.
- rpdillon 1y agoThis is actually a problem that spans far beyond the vault-like behavior that HBO and Nintendo have been exhibiting. There's this notion of something called the copyright cliff where works that are quite old but remain under copyright are almost completely unavailable. And in the cases of books, this is not due to artificial scarcity at all, but rather that it's not economically viable to try to extract value from them. And so they just remain unpublished. Yet to get an unauthorized copy is still copyright infringement. It's good example of how copyright doesn't work very well in achieving its stated purpose.
- suddenlybananas 1y ago>They are just manufacturing a scarcity right now, or at least they are trying Rent-seeking is not really something that governments should encourage.
- immibis 1y agoRent-seeking brings lots of money to lots of politicians, so they encourage it. Those same politicians also have the power to legally murder people, or lock them up for life. "Should" is irrelevant - focus on the "is".
- suddenlybananas 1y agoDeciding on how society should run is a matter of should, unless you're a sociopath who doesn't care about improving the world.
- komali2 1y agoIf you can show me where I can buy a gameboy formfactor method to play SNES games sold by Nintendo, I will buy two right now and mail you one. The chinese are selling things that nintendo isn't, that people want. Beautiful capitalism.
- viraptor 1y ago> That seems... very excessive? Yes, but also - people very rarely get the maximum penalty unless they were real dicks about it and provably knew they were breaking the law.
- PokemonNoGo 1y agoScrolled way to far down for this. Yep, like most laws infact.
- brookst 1y agoTechnical forums assume that law is code, and everything is processed as if/then statements.
- reddalo 1y ago>didn't realize Italy was like that Italy doesn't really care about copyright violations, unless it's soccer or if it's for profit. Normal people pirating movies, songs, etc. for their private use are not usually prosecuted (there's no need to use protections such as VPNs in Italy). There are some big piracy communities, they use both torrents and an old file-sharing software called eMule. But if you try to earn money or if you pirate soccer, then it's super risky.
- iforgotpassword 1y ago> and an old file-sharing software called eMule. Dangit, the fact that you had to explain it like that makes me feel old. There was a time when that software was found on everyone's PC and held the top spot on sourceforge's most downloaded list.
- reddalo 1y ago> Sourceforge That's another trip down memory lane...
- benterix 1y agoFor the real trip see this: https://webarchive.di.uminho.pt/web.archive.org/web/20090203182724/http:/freshmeat.net/ https://webarchive.di.uminho.pt/web.archive.org/web/20090203...
- aspenmayer 1y agoI’m not sure what the first part of that URL does, but I didn’t click on it because it’s suspicious to prepend something to an Internet Archive link. I don’t recognize that domain but perhaps you can explain what it is and what it does? Here’s the bare archive on IA: https://web.archive.org/web/20090203182724/http:/freshmeat.net/ https://web.archive.org/web/20090203182724/http:/freshmeat.n...
- tough 1y agoeMule is doing fine and well tho maybe we should make more p2p kademilia software to combat the social media giants
- timhh 1y agoThat's a maximum. It's extremely unlikely that they would actually get jail time. Maybe a suspended sentence at worst.
- snickerdoodle12 1y agoWelcome to the modern world. Kill someone in traffic? A few months, maybe a year. A company breaks copyright on a massive, premeditated, scale? Totally fine, don't worry about it. A individual imports a device that might be used for copyright infringement? Prepare to get your life ruined.
- cindyllm 1y ago[dead]
- raverbashing 1y agoBut the issue here is not that it "might be used" > While emulation software is not illegal, a surprising number of these devices ship chock-full of pre-loaded ROMs—the channel showed multiple Sony and Nintendo games running on the device Honestly I feel that in the US this would have possibly been risky as well
- snickerdoodle12 1y agoIf we still feel like individuals must be punished for such things let's start by dismantling all the bigcorps that downloaded e.g. anna's archive (openai, meta, for starters).
- brookst 1y agoIt would be easier to take the suggestion seriously if there was some proportionality. People aren’t being executed for copyright infringement, and presumably there should be remedies for corporate misbehavior that sponsors of destroying the company.
- snickerdoodle12 1y agoFine, jail the company for 3 years. Or at least the executives.
- 1y ago
- bubblebeard 1y agoNintendo contiounsly retail older titles. Snes mini, their e-shops, re-releases. Most games originally released for the PS1 are not owned directly by Sony and many of them retail on Steam.
- yread 1y agoI don't think it's that surprising they are basically promoting pirated content. If they had a video about how a cracked version of game is great and where to download it they would probably also get hit
- _heimdall 1y ago> Who's actually being hurt here? I would hope that is made clear in the court filings. I don't know if Italy has something akin to the right to face your accuser, but surely there is still an expectation that a lawsuit, especially criminal, requires clearly defining who the victim was and how they were harmed.
- 627467 1y ago> didn't realize Italy was like that Seems aligned with the idea of "perpetual copyright" Italy has been pushing: https://www.aippi.org/news/italy-cultural-heritage-protection-as-a-right-to-the-image/ https://www.aippi.org/news/italy-cultural-heritage-protectio... And these "quirckiness" isn't exclusive to Italy, many countries in Europe have much tougher views on individual freedoms, regulate speech much stronger than crowd in HN is used to. Granted you may rarely get jail time, just the fact that you should worry about your criminal record is enough to prevent people to even voice ideas
- teitoklien 1y ago[flagged]
- miki123211 1y agoMany European countries also have "election silence", basically a blanked ban on political speech, usually for a day or two before and during an election. This is supposedly done to "give people space to deliberate without undue influence." When such laws were introduced, they basically only applied to mainstream media organizations and actual political agitators; debating politics at the family table was (and still is) allowed. However, the way they're worded, they also apply to any user sharing / liking political posts on social media.
- deleted 1y ago[deleted]
- bobdvb 1y agoIn Greece the bars are closed during voting to 1) Keep people sober. 2) Avoid politicians buying people drinks for votes on the day.
- miltonlost 1y agoThe Daily Mail is a right-wing tabloid rag by Rupert Murdoch. That's propaganda and untrustworthy on its face
- qoez 1y agoWell that's the maximum punishment. Even petty crimes like shoplifting has the same limit. If it's a first time offense he'll likely get much less than that.
- p0w3n3d 1y agoMy observation is that usually such scenario precedes someone trying to start selling something. So if 'A' is considered abandoned, the owner of copyrights to 'A' (or the new owner, who just bought it) will start making legal actions, then once it's been settled and illegal copies removed from the public space, they would go to the market selling 'A'.
- riffraff 1y agoit's "up to 3 years" but also "down to" a €50 fine.
- slightwinder 1y ago> Who's actually being hurt here? No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore. Actually, they do, and even significant older games. Retro-games are regularly updated and newly released. Sometimes they are even remastered into new games. Old Consoles are also sometimes resold as special time limited offers, and kinda popular. It's not a multi-billion-dollar-business, but official retro-gaming is still thriving. >> Agents accused the creator of promoting pirated copyrighted materials stemming from his coverage of Anbernic handheld game consoles. > Seems hardly something worthy of arresting, let alone jailing someone. Those handheld-consoles are kinda infamous for being sold with thousands and ten of thousands copies of old games from all kind of consoles and countries. Maybe he advertised such deals. The joke here is that in my country, you can even buy them directly on Amazon, and there never seem to be a problem with it. Not sure if it's the same in Italy, but I would think the same EU-regulations apply there.
- komali2 1y ago> Actually, they do, and even significant older games. Retro-games are regularly updated and newly released. Sometimes they are even remastered into new games. Old Consoles are also sometimes resold as special time limited offers, and kinda popular. No, they re-release a couple of them, as it conveniences them, often with unasked for changes. And the handheld consoles aren't competing with nintendo for people interested in playing retro games. Someone that picks up a miyoo to play SNES games on the go has no official nintendo option for this, the switch doesn't have all the SNES games and isn't the same formfactor.
- slightwinder 1y ago> No, they re-release a couple of them, as it conveniences them, It's significant more than a couple these days. But the number doesn't really matter, it's an ongoing process, and nobody knows which are released at which point. So nobody can claim any more that it's dead content. > And the handheld consoles aren't competing with nintendo for people interested in playing retro games. That doesn't matter, it's still not legal. If people want to play old games, OK, then do it, but let it stay with the fans, uncommercial. Don't the f** make money with it, and the h** don't make public advertisement for it. It's illegal, and owners are going after you for it if it's too obvious, because they have the right.
- dfxm12 1y agoSeems hardly something worthy of arresting, let alone jailing someone. That the current PM's party, FdI, is a neo-fascist political party should also help add some context.
- bapak 1y ago> didn't realize Italy was like that Italians have always loved piracy and the government has always been rather strict enforcing the copyright. There's a huge number of piracy websites blocked in Italy and it's been the case for what feels like 20 years.
- FMecha 1y agoRelated reading: A swashbuckling tale of Italian software piracy – 1983-1993 (2022) - https://news.ycombinator.com/item?id=42611818 https://news.ycombinator.com/item?id=42611818 I also remember a PS1 warez group that was of Italian origin.
- thefz 1y ago> Oh well... didn't realize Italy was like that It's not "like that" unless Lega Calcio is involved. Lots of mafia and lots of profit to be hurt.
- duped 1y ago> No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore. Seems pretty much like a classic victimless crime IMO. Hokay, so preface this with that personally I think so what? let people be free... but here's the (an?) argument: Unlike other markets, media and entertainment is zero-sum. Ultimately revenue is derived from how many person-hours of attention you can acquire, while people have a finite amount of time to be entertained. Media holders have always preferred to keep media access at a trickle (see: Disney's treatment of their "vault" in the early VHS era) so they don't lose your attention on their current products. It's the same with retro games - each hour someone plays a ROM they can't buy anymore is an hour that could have been spent in a new game that they would have to pay for. They would also argue the existence of retro-gaming secondary markets cannibalizes the growth opportunity for remakes with current gen platforms. Basically, secondhand/reusable markets are detrimental to businesses that depend on new releases because over time the secondary markets' share of the total grows larger than the primary.
- TriangleEdge 1y agoMy guess is that someone tipped the authorities about the crime. So, someone must of been offended about something this streamer did (maybe not the alleged crime).
- lormayna 1y ago> That seems... very excessive? This is the theoretical maximum, but usually you will not be sentenced with this amount of prisons. Especially if you don't have a criminal records, you can convert the prison period in a fine or other situation (i.e. social services).