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by heyyyouu 1151 days ago
It's an excellent point. DMCA is for copyright. My take (I have a background in this area but IANAL): I think they can get away with the copyright because of the name/content usage (no one of the opposite end of the request is going to question that, it seems obvious), but I think it's clear to those in the know that's not WHY they went after this one.

In theory, they could probably use DCMA to go after anyone using the terms (right or wrong). In practicality, they used it as a tool to go after this particular one because they didn't like what they were doing.

1 comments

DMCA covers circumvention devices, not just directly infringing material.
See for example, the group arrested for selling devices that allowed people to take control of their own Nintendo Switch systems[1].

Although, after digging into the story, it looks like they may have also operated an illicit app store containing cracked IPs, so that situation is a little murky.

[1] https://www.nintendolife.com/news/2023/04/nintendo-hacker-ga...

I think jailbreaking is a current exception to the DMCA (according to the copyright office's latest report). An app store full of cracked games is obviously illegal, though.