Bluesky Post (this was also posted on twitter)
I was hoping to find a statement from the aggressor, but it seems to be too early.
this post was submitted on 09 Dec 2024
1773 points (99.3% liked)
Technology
60055 readers
3620 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
On one level, I sympathize with companies like Nintendo, I don't want to, BUT companies are supposed to make efforts to protect their IP or they run the risk of losing those exclusive protections when it matters later on (abandonment). So if they want to continue their IP rights, they're supposed to defend it against anything that comes along. I still don't like it, but I kind of understand why they have to do it.
Granted, I think they could come up with some sort of licensing terms that would made it easy for solo developers to still develop small-time projects to encourage people to create these one-off labors of love, similar to what alot of TTRPG developers do, but for whatever reason, they go the hardball approach, which just creates bad feelings in the community.
https://www.themyerslg.com/blog/what-happens-if-you-dont-defend-your-ip/
They have to defend their trademark. They don't have to defend copyright, and most of Nintendo's reputation comes from copyright claims. Someone streaming a let's play isn't selling a counterfeit Mario game, they're just showing you things in a real Mario game, so there's no trademark claim.
They're also big abusers of the fact that most of the people they make copyright claims against can't afford to defend themselves against such a behemoth. Even if you're sure you've not violated their copyright and your lawyer's sure, too, it'll be much cheaper to roll over than get the legal system to agree with you.
My understanding is that 1.- they are not forced to defend against every possible case of trademark usage 2.- they are not obligated by law to be jerks about it and 3.- this applies to trademark only, not copyright or patents.