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GTA 6: Florida Joker Demands $2 Million From Rockstar for "Taking" His Life; Gets Roasted By Red Dead's Arthur Morgan Instead (mp1st.com)
submitted 2 years ago by to c/games@sh.itjust.works
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Florida Joker is in the news again, this time demanding to speak with Rockstar Games, or to be given $1-2 million over his likeness in GTA 6.

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[–] 0 points 2 years ago* (1 child)

No a cease and desist doesn’t require a lawsuit, where does that apply? You have your lawyer draft a letter and if they ignore it, than you have to go to court and deal with it, but these aren’t used frivolously like DMCAs so they are usually followed.

You can’t DMCA something that isn’t copyright infringement, if you’re hosting it yourself, a DMCA doesn’t even really apply to you either. It’s for third party hosters. And you still need proof regardless, you can’t just dmca stuff and not follow through with proof and enforcement.

Your point is inherently flawed it seems.

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  • [–] 1 point 2 years ago (1 child)

    It’s for third party hosters. And you still need proof regardless, you can’t just dmca stuff and not follow through with proof and enforcement.

    Most content is hosted via a third party, and the more popular third parties (e.g. YouTube) don't seem to check the proof, they just take it down.

    The cease and desist requires a judge, so it needs to actually have proof, so the barrier is much higher.

    If you self-host, sure, but very few people actually do that, especially for something like a parody where reaching a broad audience is the entire point.

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  • [–] 0 points 2 years ago* (1 child)

    You can get a judge to order and injunction for a cease and desist which make it’s legally binding, but it’s not the only method available.

    I can send you a cease and desist to stop commenting on my comments, if you don’t I would either than take you to court, or drop it.

    A dmca means nothing to the person who did the copyright infringement, great I can’t put the video on YouTube, on to the next one… how inconvenient and obstructive to their work.

    You realize you’re on the fediverse where anyone can Self host instances… yeah?

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  • [–] 1 point 2 years ago (1 child)

    You realize you’re on the fediverse where anyone can Self host instances… yeah?

    Sure, but how many actually do? And how likely is RS to find out that someone posted something on the Fediverse? I know we all like it, but it's still a very small community and probably not worth their time.

    People tend to post stuff to YouTube and then link to it from Reddit, Lemmy, etc, and that's where the DMCA gets involved. How is RS going to send a cease and desist to me when I'm using an anonymous account? I don't even have my email configured w/ Lemmy. If I hosted my own instance, I suppose they could send it through my DNS registrar and/or hosting provider, but I'm guessing they'd go the DMCA route on Lemmy or Reddit just like they would with YouTube.

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  • [–] -1 points 2 years ago* (1 child)

    Almost 13,000 instances as of right now. I also own multiple websites, anyone who runs a business has their own website. I don’t think you realize how easy it is to have your own place to host content.

    You don’t think RS lawyers aren’t constantly searching the net for stuff that breaks their IPs rules? It has nothing to do with size. They’ll find it.

    I love how you’re still on about it DMCAs, drop it, that’s lost.

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  • [–] 0 points 2 years ago (1 child)

    You don’t think RS lawyers aren’t constantly searching the net for stuff

    They certainly are, but even I find it hard to search Lemmy, I doubt RS lawyers would bother. They're only going to search for things on the major sites, and Lemmy isn't a major site.

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  • [–] 1 point 2 years ago* (last edited 2 years ago) (1 child)

    Lemmy and other fediverses shows up on Google and other search engines, and can use booleans to search websites from Googleand other search engines. They know how to make it easy even if you don’t.

    Can even automate it with a script and have it pop out a list of new websites every morning.

    You don’t need to believe, it happens already mate. And cease and desists are far worse than DMCAs since there is no legal ramifications for ignoring a DMCA. Also parody is protected from copyright claim, so they couldn’t DMCA a parody anyways, it would only be able to be dealt with through a cease and desist. Which we already figured out doesn’t require a lawsuit, but you seem to want to ignore this key detail.

    Blocked.

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  • [–] 1 point 2 years ago

    Lemmy and other fediverses shows up on Google and other search engines

    They really don't. The only way I get it is if I do something like "site:lemmy-instance ". It can be done, but I really don't think a lawyer is going to bother, much like they likely don't bother with smaller forums and whatnot.

    it already happens

    On lemmy? Can you give me an example?

    they couldn't DMCA a parody anyways

    They absolutely can. It doesn't need to be legal, just scary enough for the website to not bother looking into it further. That happens all the time on Github and Youtube, it's not exactly new.

    Blocked

    Okay. That seems a bit extreme, but whatever.

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