• FiniteBanjo@lemmy.today
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    6 months ago

    Nah it’s pretty easy to kill litigation before it starts if things step up. If you receive a cease and desist and don’t want to fight it, you can shut it down and never look back. If you’re served paperwork with a court date, the initial hearings can get the lawsuit thrown out if there are no grounds for a case on intellectual property infringement, one of which is “non-profit”. In fact, a lot of people would argue that Yuzu was completely in the right to do what they did despite having a link to their patreon, but at that point the courts might decide either way and litigation costs money.

    • Ajen@sh.itjust.works
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      6 months ago

      but at that point the courts might decide either way and litigation costs money.

      It also sets a precedent which makes it easier for Nintendo and other companies to sue open source developers. It would have been bad for everyone in the emulation community if they went to court and lost.

      https://en.m.wikipedia.org/wiki/Case_law