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this post was submitted on 12 Apr 2024
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If you think this wouldn't have happened with another hoster where you just rent a root server and use some free software on top of that you don't understand how the legal system works.
Do you think the entire world is under US laws? Besides, with FOSS services, you get the option to backup and migrate the data. Do you get that with Discord?
Do you think Copyright law doesn't exist outside the US? Obviously there are some countries where you might be able to host things of this nature but at that point we are not talking about the kind of software you host.
Yes. Contrary to what some Americans think, the rest of the world isn't ruled by the US and their often ridiculous laws don't apply. For instance in this case, neither the code nor the community discussions have anything to do directly with Nintendo. In addition, emulators and reverse engineering are perfectly legal in many places. There are plenty of jurisdictions where such frivolous and preemptive copyright strikes won't even be tolerated.
Just that Suyu isn't doing anything illegal or against the law. Emulation is legal. Also reverse engineering if it's done right in a lot of countries. What discord did here wasn't because of the law but because they are feared of Nintendo being mad at them.
So how can the piracy subreddit/community exist?
Mainly by being overlooked or being hosted in one of the countries that do not enforce copyright laws.
Oh so you're saying they could have hosted their shit by renting a server then, glad you managed to reach that conclusion that contradicts your other message.
DMCA ignored hosting is a thing. Usually run out of countries like Russia I think.
If you're hosting it yourself you're still legally liable but at least you get a chance to defend yourself instead of being betrayed by your host with no recourse.
Anyway, emulation isn't illegal so it's not even clear these developers did anything wrong, but proprietary web 2.0 services shoot first and ask questions never because that's the best way for them to cover their asses legally.