Comment by Shank
2 years ago
I mean it shouldn’t be a shocker that this happened. Nintendo made their case clear in court the DMCA is strongly in favor of copyright holders. Obviously people can file a counter-notice, but that immediately opens them up to a lawsuit from Nintendo, which, well, we all saw how that went with yuzu. If the yuzu developers didn’t want to risk the fight, would any rational person who forked it?
> we all saw how that went with yuzu.
To my knowledge, there hasn't been any judgement but a private settlement has been made.
It's true that you can't really defend your rights against a corporation as big as Nintendo though.
A private settlement of paying Nintendo $2.4M. How is that not a perfect example of "we all saw how that went"?
A lot of these settlements involve announcing a fake value of money to be paid as part of the agreement, then agreeing to waive the settlement value if some undisclosed imposed contractual obligations are met.
Arguably this is likely the case with this situation (and nintendo benefits by our not knowing for sure), not that being forced into such an agreement with no trial is not worrisome in itself.
The first part of the sentence is "the DMCA is strongly in favor of copyright holders". Well no that's my point, the DMCA hasn't been used in this case. Nobody knows if the DMCA would have been enough to take down Yuzu because that hasn't been judged.
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