this post was submitted on 04 Mar 2024
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Nintendo's angle is more along the lines of:
It's a massive reach, but it's a plausible argument—or even a good one if the judge is a technologically illiterate luddite. Beyond that, Nintendo is the kind of litigant that will drag out a lawsuit until the other party is forced to settle.
A court in Germany has recently decided that reading the code of a software you legally purchased and finding plain text passwords there is illegal hacking.
The person was hired to do a security audit (by a third party) and disclosed the finding to the software developer, not even to his own employer.
The developer decided to sue him instead of fixing the problem.
At this point I have lost all trust in the technological capacities of judges out there.
There's a different kind of judge now than the technologically illiterate?
I can't quite remember the name, but there is actually at least one U.S. judge that takes the time and effort to learn about the technology in depth before making a ruling.
He's William Alsup, who presided over the Oracle vs Google case about Java API copyrightability.
Source: https://en.wikipedia.org/wiki/William_Alsup#Notable_cases
Thank you. I need to bookmark this glorious man's Wikipedia page.
Then companies must go out of their way to avoid them.
Not sure it will ever get better. Maybe a single person being allowed to decide a case that requires a technical understanding should be consulted by experts in it. I guess a better lawyer probably should have made that happen (shouldn't have to). But, as the old geezers die off and the younger "tech savvy" people take over, they will no longer be young or tech savvy, technologywill keep progressing and pass us up too. And you don't want an actual young person as a judge. So... the system is just broken.
If I’m not authorized to use those keys, how do I use Switchy?
I guess all Nintendo games are illegal to play by that argument, even with their console