this post was submitted on 11 Apr 2024
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[–] SchmidtGenetics@lemmy.world -4 points 7 months ago* (last edited 7 months ago) (1 children)

If I have weapons cache of guns and “accidentally” leave the door unlocked, would I not be liable if they found that out? Yes, this is the exact same situation, they left their door unlocked and could have done something to prevent this from happening. They didn’t, so they are complicit. It’s not just about copyright, why are you sticking to this like it’s some smoking gun or something….?

Theres plenty of precedence going both ways, you just have to look at the correct way for it to click in your head.

The companies actions or negligence, provided means, as described above, there’s plenty of precedence where you will be liable. Sorry this doesn’t fit with your head bias, but facts don’t care.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago (1 children)

Sorry this doesn’t fit with your head bias, but facts don’t care.

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[–] SchmidtGenetics@lemmy.world -4 points 7 months ago* (last edited 7 months ago) (1 children)

The only facts you’ve provided have gone against your crusade.

So… yeah you’re kinda missing the point if you think you’ve provided any facts and it’s ironic that I can’t see my head bias. What bias? I’ve given you the facts lmfao.

And instead of moving the goalposts, we move to insulting when proven wrong, what a fucking shocker….

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

Those are your own words. Unfortunately for you, Nintendo still lost. GPLv3 is a tweaked Copyright licensing agreement aptly nicknamed "Copyleft" with strict rights, Nintendo will never be able to kill the Hydra no matter what. They actually need to win to change the law, but they settled instead meaning section 107 of the DMCA, 1998 US copyright law goes unaltered and the original developers move on, and the community builds on top and alter the project, as per the rights granted by GPLv3. Perhaps a project that'd reach enough funding fast enough to challenge Nintendo may go for it, till then GPLv3 is a sleeping multi-headed dragon Nintendo hasn't been able to stomp out.

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago (1 children)

Just because a license says something, doesn’t mean that it can go against laws and legislations or anything else like that lmfao.

Just like a landlord having a contract from you saying X or Y, if it goes against the law, it doesn’t protect them.

All of those subsequent ones will be fine from prosecution, until they start doing what yuzu did like making money, providing means to pirate and access to keys and guides. The protection is only going to last so long until the current loopholes are closed.

Or just don’t do illegal shit and you can stay in operation, Cistra and Yuzu were fine for a decade, than they went too far and fucked up.

You can scream all you want, the facts don’t care about when your “company” crosses the line and your probably legal project gets taken with it.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

To bad, GPLv3 already has all the precedence and legal backing needed to keep going, Suyu lives, I wonder what the project will be renamed to next? 😏

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago (1 children)

And suyu will continue to live until they do what yuzu did and try to profit and do things illegally.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

https://lemmy.sdf.org/comment/10574699

There's no need to profit from it anymore, donations exist, Nintendo created a Streisand effect.

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago (1 children)

Emulators are fine for personal use, if you are accepting donations, it’s no longer for personal use and you’ve done your illegal action…..

Why do you think the ones that don’t accept donations aren’t being targeted…? Because they are currently in a gray area. Once you start doing illegal actions… they get taken out.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

That's factually incorrect. They've gone after Dolphin whom explicitly don't accept donations. Then there's, Ryujinx, Cemu, Libretro/RetroArch, emuDeck, etc. that accept donations. This again comes down to the GPLv3 which doesn't restrict the selling of binaries of the legal code nor restrict donations. Infact if one is only accepting donations, your company by U.S. copyright law are a nonprofit.

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago* (last edited 7 months ago) (2 children)

uhh… Dolphin uses the Wii key, that’s what they did wrong… each one has done an illegal activity that has lead to them being pursued.

Its really not a hard concept to try and grasp here, sorry.

Nothing about my previous comment is “factually” incorrect. Which specific part do you think I was wrong about, and provide a source to disclaim it if you want to try and make a point.

A lot of those apps are actual “donations” as well, not a patreon with locked emulator content…. If you can’t comprehend the differences of what’s being done, why the fuck are you discussing?

GPL has nothing to with donations… that’s what makes the emulator defense invalid for copyright, you’re only protected for personal use. Can you please stop conflating these very simple things……?

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

Then why hasn't Nintendo fallowed through and killed Dolphin yet? If it's illegal, then why haven't they continued trying to sue Dolphin?

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago (1 children)

Because they are fighting it instead of rolling over like Yuzu….?

Why are we going back over the same shit again? If you don’t have anything more to try and defend Yuzu who fucked up, are we done…?

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

Again, factually wrong. Dolphin removed itself off the steam store to satisfy Nintendo, however it's still on the Google play store and Apple app store and actively developed so why doesn't Nintendo keep coming?
Also, Churches are non-profit, KDE Community are non-profit, Gnome is non-profit, FSF is non-profit, and so on. All of which collect donations. What makes an emulator start-up company any different in this regard?

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago (1 children)

…. Steam asked Nintendo if it was okay, and they cited the Wii key and said no, so Steam delisted it. Dolphin did nothing, and there was no DMCA claim either.

Don’t claim I’m false and spout a wrong one yourself lol.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago) (1 children)

Are you going to address the main point or are you just going to continue to prattle on?

[–] SchmidtGenetics@lemmy.world -4 points 7 months ago (1 children)

Which point have I not addressed? You cause me of prattling, yet we’ve already established you’re moving goal posts and other fallacies. If you can’t defend a single one of your points without shooting your own foot. What are we doing here?

You accuse me of stuff and ignore me pointing out the folley in it.

You seriously are just the alt of the other account aren’t you? Can’t admit a mistake when given unequivocal evidence.

I’m blocking you now.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago)

You haven't addressed :

"it's still on the Google play store and Apple app store and actively developed so why doesn't Nintendo keep coming?"

Or

"Also, Churches are non-profit, KDE Community are non-profit, Gnome is non-profit, FSF is non-profit, and so on. All of which collect donations. What makes an emulator start-up company any different in this regard?"

Go ahead and block me, it just makes it obvious that you're afraid to address the main point.

[–] Lily9149@lemmy.sdf.org 4 points 7 months ago* (last edited 7 months ago)

You have no clue how the GPLv3 works, nor U.S. Copyright law. Please stop pretending like you do.