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14 votes
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Apple has kept an illegal monopoly over smartphones in US, Justice Department says in antitrust suit
95 votes -
Will there ever be another great men’s college basketball team?
8 votes -
GM cuts ties with two data firms amid heated lawsuit over driver data
32 votes -
US judge rules YouTube, Facebook and Reddit must face lawsuits claiming they helped radicalize a mass shooter
47 votes -
California judge rules lawsuit over Apple AirTag stalking claims can proceed
10 votes -
On Bleem v. Sony and the legality of emulators
The Bleem v. Sony case is often brought up whenever legal action against emulators happens, and I got curious, so I dug a bit deeper. It's quite hard, as most of the actual source material is not...
The Bleem v. Sony case is often brought up whenever legal action against emulators happens, and I got curious, so I dug a bit deeper. It's quite hard, as most of the actual source material is not publicly available for free, only the appeal decision by the ninth court. But from what I've gathered from secondary sources, this is what actually happened.
- Sony sues Bleem on one count of unfair competition and one count of copyright violation for the use of Sony game screenshots in Bleem advertising.
- A judge dismisses the unfair competition claim. Sony wins the copyright violation.
- Bleem appeals, and the Ninth Court reverses the decision on copyright violation for advertisement material.
- Sony sues again, this time for unfair competition and also patent infringement for using their BIOS.
- Sony and Bleem settle for an undisclosed amount. Bleem declares bankruptcy.
As far as I can tell, the only precedent was on whether or not you can use a competitor's screenshots in your advertisement, and indeed that's all I've ever seen the case referred to in future cases. The first unfair competition claim was dismissed (so cannot be a precedent) and the second case was settled. I see a lot of people say that this case set a "precedent" that "emulation is legal", but I don't see how?
Is this just another case where through a game of telephone and rumors people just take it for assumed fact that somehow or another this case "set a precedent that emulation is legal"? For over 20 years?
On whether or not emulation is legal, generally things are legal unless they are made to be illegal; there is certainly no specific law that says that emulation is legal. The question, then, is whether or not emulation is inadvertently made illegal by an existing law.
In that respect, Bleem v. Sony is a useful indicator in that Sony's lawyers couldn't really find anything concrete to nail Bleem on. But not really more than that, unless you really care about whether or not an emulator can use screenshots in their advertisements.
19 votes -
A man who crashed a snowmobile into a parked Black Hawk helicopter is suing the government for $9.5M
19 votes -
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26 votes -
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76 votes -
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29 votes -
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27 votes -
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5 votes -
Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo's software encryption and facilitates piracy
67 votes -
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34 votes -
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37 votes -
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6 votes -
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44 votes -
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22 votes -
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96 votes -
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28 votes -
The real history of Rule 34
8 votes -
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26 votes -
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15 votes -
How a US mining firm sued Mexico for billions – for trying to protect its own seabed
21 votes -
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27 votes -
EBay will pay $59 million settlement over pill presses sold online as US undergoes overdose epidemic
10 votes -
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6 votes -
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30 votes -
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37 votes -
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20 votes -
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62 votes -
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13 votes -
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26 votes -
Can doctors in England detain you under the Mental Health Act if they've only met you in MS Teams? (No, not any more)
14 votes -
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6 votes -
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16 votes -
In northern Ontario, a dozen First Nations have been left struggling. A court’s attempt to enforce treaty promises could see them getting up to C$126bn.
12 votes -
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62 votes -
A banking relationship, dementia and a loss of $50 million dollars lead to a US lawsuit against JP Morgan
3 votes -
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61 votes -
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21 votes -
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21 votes -
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22 votes -
Plagiarism and You(Tube)
74 votes -
AAA studios sued for addictive games | Cold Take
9 votes -
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40 votes -
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Meta designed platforms to get children addicted, court documents allege
24 votes -
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45 votes