• misk@piefed.social
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      8 days ago

      If it was an abuse it could be challenged but there are no grounds as Sega owns leaked stuff.

      • Kairos@lemmy.today
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        8 days ago

        Just because someone owns the copyright to something doesn’t mean it’s illegal to distribute. Fair use.

        • misk@piefed.social
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          8 days ago

          Is this why no one challenged Atlus on their streaming restrictions successfully?

          • Kairos@lemmy.today
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            8 days ago

            Ah yes the famously zero risk action of signing a legal form under penalty of perjury.

            “Getting robbed? Just say no! Robbers cannot legally rob you if you say no!”

            • misk@piefed.social
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              8 days ago

              You can challenge DMCA and the other side has to actually follow up in court. If you’re sure of your case why has nobody done it? There are loads of people with financial incentive to do so which is enough to get things going in capitalism usually. My guess? They know there’s no case and Atlus can do it legally.

                • misk@piefed.social
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                  7 days ago

                  Do you know of a case where DMCA takedown was followed up by a corporation and then dragged out into a long legal battle? You either have rights to content or don’t and establishing that in case of leaked advertisements seems to be quite straight forward. I’m pretty sure leakers didn’t purchase those rights because there’s no way to do so right now. One could argue that if you purchase the game then you should have right to share parts of it under fair use and I agree but the game is not even out.

              • Kairos@lemmy.today
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                8 days ago

                No, the filer has another appeal (same form) then it’s up to the uploader to sue.

                • misk@piefed.social
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                  7 days ago

                  Are you getting this from an LLM or your butt?

                  https://dmcaauthority.com/how-to-appeal-a-dmca-takedown-notice/

                  After filing a counter-notice, the content creator enters a critical phase in the DMCA process, wherein the copyright owner must respond to the appeal within a specified timeframe, either accepting the rebuttal or taking further action, such as filing a lawsuit.

                  The actual issue is that you’re getting strikes on your YouTube / Twitch account. You can still host this stuff outside of US and their allies jurisdiction but you wouldn’t make any money that way - which shows that most of those affected are after money.