• ClimateStalin [they/them, he/him]@hexbear.net
    link
    fedilink
    English
    arrow-up
    20
    ·
    1 day ago

    Did those emulators actually use Nintendo’s assets? The courts have been very clear repeatedly that making emulators is perfectly legal if you make them from scratch. Nintendo loves acting like that’s not true and love to use their team of lawyers to make illegal threats, but GitHub is owned by Microsoft, surely they could just tell Nintendo to kick rocks?

    • ClimateStalin [they/them, he/him]@hexbear.net
      link
      fedilink
      English
      arrow-up
      11
      ·
      1 day ago

      Also if our legal system is going to work anything like the way it currently does, we have to introduce severe penalties for this kind of legal bullying.

      If a wealthier entity is the one that introduces a legal challenge, the state should pay for the defense, and the wealthier entity should risk losing an amount of money that would be pretty insignificant to them but life changing for the entity they’re targeting.

      If giant company Nintendo does a spurious lawsuit against Some Guy, that guy should have his legal costs covered by the state and if he wins Nintendo should have to give him a few million dollars. There should be a strong incentive to not comply, with low risks if you lose and a high reward if you win. Importantly this can only go one way, with large wealthy entities having to pay that penalty but random individuals not being at risk of that.

      The other option is my preferred one: Private lawyers should not exist. All lawyers should be employed by the state, and hired out to companies or individuals as needed, at no cost to them. That should be the only way to practice law, is as an employee of the state, receiving the universal Lawyer Salary that is exactly the same for all lawyers. Companies don’t get to have a team of lawyers they’re already paying for that will do whatever they want, they can go have a meeting with the local Law Office and the local Law Officials will decide if there’s anything worth following up on, and if so lawyers will also be assigned to assist the target.

  • DasRav [any, any]@hexbear.net
    link
    fedilink
    English
    arrow-up
    32
    ·
    1 day ago

    I am unsure why they put these on github, where they are easily findable and every account working on these is exposed to scrutiny and potential legal action if there is any tie to a real person. Just don’t put the repos on github maybe? There are other ways to release your software.