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Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

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Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#161

Post by miohtama »

lll-o-lll wrote: post #143
bloqs wrote: post #120

Earlier quoted context omitted.

This is the same old story though, and nerds dont get this right: what about all the viruses/child porn games and other heinous shit people will host there? Decentralisation is only as good as its moderation and unpaid moderation is a hell of a weak link

The issue is accountability. A big centralised server has accountability built in to some extent, because you can find and sue or jail the bastards that own it. Decentralised, is often conflated with anonymity and hence zero accountability. But it doesn’t have to be this way. For something like source control, must we have anonymity? You wouldn’t require all that much PII to deter most bad actors, I would have though…

The question is, are emulator authors good actors or bad actors. It is subjective and we should not let Nintendo to decide.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#162

Post by miohtama »

stavros wrote: post #116
miohtama wrote: post #111

The solution is decentralised Github: https://radicle.xyz Radicle gives a decentralised Git network that is much more immune to any legal action. This makes it much more difficult for Nintendo to take such action. Because it is a civil dispute, not a criminal one, the trick is to make it more costly for Nintendo to abuse the legal system (it is unlikely the legal system abuse will be fixed in long term, or ever). Whe…

The solution is legal reform, because these laws are bullshit.

It’s the wanted outcome, but it is hard to see a path of event that would lead to this.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#164

Post by jMyles »

bilvar wrote: post #154
jMyles wrote: post #152

Earlier quoted context omitted.

At some level, isn't the whole exercise of characterizing the copying of bytes as "piracy" just a way to justify invasive state policy? We can observe that the nature of information is that it is free to copy. This is not a new observation; the myth of Prometheus tells us of this nature, and of the power that the gods foolishly attempt to shore up by pretending that it can't be copied. Of course I agree that solid ga…

Ah I see, you've created an entire ideobabble to justify free-riding, on an absurd premise as well that "We can observe that the nature of information is that it is free to copy". This is the equivalent of "We can observe that the nature of animals is to kill each other for calories, so it's morally justified to murder other people and eat them." I'm done.

...I mean, maybe there is some moral imperative toward vegetarianism. I don't see the connection with cannibalism; seems like you're just being a bit silly.

But I think we can make that decision without needing onerous and obstructive state infrastructure, so I don't think the comparison is particularly germane. Unless you are suggesting that it's the role of the state to stop animals from eating each other? (Isn't that the same impetus as suggesting it's the role of the state to stop data from replicating?)

Lastly, I think you've misunderstood the role of the free-rider problem in public goods, particularly in the application of building non-rivalrous markets; in fact, you have it exactly backwards.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#165

Post by iwontberude »

Laaas wrote: post #90
iwontberude wrote: post #32

Earlier quoted context omitted.

Oracle v Google determined this in my mind, the emulator is implementing an API, the API is not protected by copyright law.

FWIW that case was about whether copying the interface file almost verbatim was fair use, not about the API itself, IIRC.

Right because an API is too abstract for copyright law, it has to literally be copied works.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#166

Post by bilvar »

malka wrote: post #158
bilvar wrote: post #150

Earlier quoted context omitted.

It's a perfectly reasonable position to not give them your money. I thought we were talking about pirating their games though, which is worlds apart from voting with your wallet.

They are not getting my money anyway. However, I do not see any good reason to not enjoy their games. Yeah, if everyone does as I do, they go bankrupt. I do not care. Try not to be hated by people using your product, I guess.

The reason might be that you are being a complete hypocrite?

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#167

Post by 93po »

d_tr wrote: post #65
pprotas wrote: post #40

Earlier quoted context omitted.

You are right, it says it right there: No person shall circumvent a technological measure that effectively controls access to a work protected under this title. https://www.law.cornell.edu/uscode/text/17/1201 Can the emulators remove the circumvention code to avoid the DMCA takedown?

Isn't the whole emulator a circumvention? It circumvents the hardware which "effectively controls access to a work", which is the console itself.

my mouse and keyboard is circumventing me manually flipping transistors in my processor

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#168

Post by 93po »

admax88qqq wrote: post #13
realusername wrote: post #12

Earlier quoted context omitted.

I would say the opposite, it gives them less of a leg to stand since they cannot say that there's never any justification for emulation anymore like they said in the past.

Usually the justification for emulation is "the company doesn't sell this product anymore, it's abandonware"

my justification is that intellectual property is an absolutely ridiculous concept and my actions are driven by my morals and values and not the frequently ridiculous laws of this country

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#169

Post by SllX »

bonzini wrote: post #81
SllX wrote: post #23

Earlier quoted context omitted.

Read up on Sony vs Connectix. This is basically FUD. Yuzu is cooked but that doesn’t mean all emulation of Nintendo consoles is. The Yuzu devs settled, and among the allegations in Nintendo’s filing was that they, the developers themselves, engaged in piracy.

Problem is that was before DMCA. New law can override judicial precedent.

First, no it wasn’t.

Second, the DMCA has nothing in it that explicitly targets emulators. Now what some hardware makers have done is include some kind of cryptography and called it an anti-circumvention method, but that is a later phenomenon and the earlier attempts at this didn’t amount to much in most cases.

Third, the Yuzu Devs brought the wrath of Nintendo of America down upon them through means other than merely writing an emulator, in particular they were likely engaged in actual piracy. They probably knew they were cooked and chose to settle rather than go to trial.

So again, FUD. There’s been a lot of it everywhere on this specific topic, so quit spreading it around like so much manure to nurture Nintendo of America’s basic stance towards emulation. They can have their opinion, but it doesn’t overrule judicial precedent.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#170

Post by emodendroket »

sambazi wrote: post #106
emodendroket wrote: post #35

Earlier quoted context omitted.

Emulators per se are not illegal. Most likely.

some argue that emulation infringes on their patents, but i am not big on the concept of monopolizing ideas myself.

Well, yeah, the best precedent we have is the Sony and Bleem case. But the funny thing about common law systems is the precedents are really important until someone tries again and the precedent is suddenly thrown out.
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