Is Tetr.io Legal?
blog.osk.sh
blog.osk.sh
> Instead, TTC would have to sue me directly, which would put us at equal footing.
I’m not certain of this, but aren’t the domain registrar (in this case Namecheap), DNS host (in this case Cloudflare) and web host (uncertain) also parties that DMCA takedown notices can be sent to, and who will consequently disable the domain in some way? Or at least one or two of these three?
Sure, it’s probably a slightly higher barrier, as the typical software distribution platforms often make takedowns easier than they need to be and the attacker is more familiar with their procedures, but you’re still using others’ platforms to distribute things.
I can attest it happens.
> it’s probably a slightly higher barrier
And the barrier isn’t that high. I’ve seen a web host company (Hetzner) take down an entire website because a company made a bogus claim about a single page amongst thousands. I don’t even think it was DMCA, they just had their lawyers send an email. Had a human at Hetzner taken the time to visit said website, they would’ve seen the company’s request wasn’t legitimate.
- Finesse, https://harddrop.com/wiki/Movement_Finesse
- Perfect clear(s opener), https://harddrop.com/wiki/Perfect_clear
- 180 spins, https://harddrop.com/wiki/Rotate#180_rotations
Check out King of Stackers, NullpoMino, and Cultris, too!
https://itch.io/takedowns/1499978
They haven't managed to scare the developer into dropping the project though: https://akouzoukos.com/apotris/
basically you want to discourage filing any complaint at all
and then you want a summary judgement to be meaningless and ignorable to you
and then you want to be able to rationalize an argument in your favor
so forming a business entity with limited liability is the first step
the second step is not having publicly listed ownership, which is mostly just choosing the right jurisdiction to form your business
the third step is taking advantage of differences in states laws. one state might allow the business to be tied to a PO box, while the plaintiff’s state doesn't allow serving process to a PO box
for intermediaries in hosting your digital products, pick them wisely if you expect liability in a certain country
Sure, my 2020 Intel Macbook Air is a bit pokey compared to the newest models, but shouldn't a 3 year old computer be more than enough to play 40 year old game?
You might get a good score, whatever it means, but no waffle.
I don't find it condescending because I think I'm not a jerk but I'm aware that a lot of people are jerks.
And here I was about to do just that - get some professional legal advice from a random blog post...
that's obviously false, nothing could protect anyone from being threatened (nor from some frivolous lawsuit), and to do CBA you'd need to actually do analysis of what the benefit is
(also, where is your legal liability disclaimer if it's clearly worthwhile? You've made a public legal assessment of the op's legal liability disclaimer)
Apologies - I assumed you had the ability to read between the lines that they were "protected" in the sense that they could safely ignore any such threat because they could be confident that it would fail, whereas without this protection they might feel vulnerable enough to need to defend themselves with it.
"[frivolous litigation] includes presenting an argument with reason to know that it would certainly faill (Wikipedia)
So again, no magic disclaimers can help you here, you still face the risks that someone is going to impose (or threat to impose) the burden of legal proceedings regardless of legal merit on you
> Legal advice requires:
> Education, knowledge, and experience in areas of the law
> The ability and experience to apply that knowledge to specific fact patterns
> An understanding of how the application of the law affects the client's legal rights
> Practical expertise in writing legal documents or other documents to support the client's position
> State or federal licenses that allow legal representation in court
Whether you write "this is not legal advice" or not has absolutely no bearing on whether it actually is legal advice or not. The phrase is used by actual lawyers when they don't want to mislead the general public about thinking that the legal information they provide is legal advice. Non-lawyers use it to feel fancy and sophisticated.
Still, though - the original statement wasn't false, it _wasn't_ legal advice, and the clarification did make that clear in such a way that a reader couldn't be confused into thinking that it was reliable. So - it wasn't a _useless_ thing to write, as the original commenter implied, even if it doesn't have legal weight as I mistakenly thought.