this post was submitted on 11 Apr 2024
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Everyone here is saying not to use Discord, but what are they expecting the server admins to do after moving off Discord when Nintendo's lawyers send them a letter? Like sure, hate Discord, but the problem here clearly lies with Nintendo.
...Not... kick them out? Discord doesn't kick out extremist groups. This seems comparatively mild. I think they had a reasonable expectation to be left alone. Nintendo got a court injunction but Discord didn't fight it.
I am guessing noone is suing discord for hosting these groups were Nintendo might be threatening a lawsuit for hosting these devs.
So not a matter of morals but self-preservation.
Is the expectation that Discord will risk spending potentially millions in court with Nintendo to protect a single community? From their perspective, it's easy to see why they'd just bend over.
Discord's response was extreme, and that is inexcusable. I'm not trying to defend them here. The core problem here though is Nintendo harassing these developers to try to stop these projects. They could have easily been kicked out by any other platform, or sent a C&D if they tried to self-host one.
Yeah, it's easy to see, but I don't have to respect it.
Host the project in a country where IP laws don't give Nintendo any teeth.
@TehPers @Kichae It doesn't matter where a project is hosted, it matters which group you are targeting and where you personally are located. So even if you would host in Russia, you won't be safe from prosecution, when you live for example in the US.
Only if they can find you 😉
Anti Commercial-AI license
I don't see people hating discord for it, just pointing out that it was a bad choice from the beginning
I agree there are probably better options out there, but scrolling through the comments, I had seen a lot of discussion about Discord and not nearly as much on Nintendo. I was hoping to stir up more discussion on Nintendo's involvement.
Discord's reaction may be unreasonable, but it isn't ridiculous to see them bend over for Nintendo when they're faced with hosting a smaller community (relatively speaking) or becoming a target of Nintendo's lawyers. Had they been on another platform (self-hosted or not), Nintendo would have likely persued them all the same. Also, as far as I'm aware, the developers themselves believe that they are within the law. The issue comes from Nintendo disregarding the law and harassing them anyway.
Problem? These devs are exposing themselves to the corporate legal eye. Have whatever opinion you want, but they are playing in the bear enclosure at the zoo.
I obviously don't love corporate fuckery, but I acknowledge it is pretty clear. If you fuck with a company with a huge legal team, even tangentially, even if you believe you are not infringing on anything, you could be wrong in their eyes, and they might nuke your project.
You can blame both corporations, you don't need to suck any corpo cock. Nintendo sends the takedowns in the first place, which sure is Nintendon't, and Discord heeds them despite otherwise profiting from those communities and without allowing any sort of measure.
I don't remember saying otherwise. I just found it odd that everyone was talking about Discord (at the time of posting), and there was very little discussion around Nintendo's involvement in encouraging (and participating in) such toxic behavior.
This is what I find unacceptable in Discord's case. Options should have been given to the devs/server admins.