• gamer@lemm.ee
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    5 hours ago

    So? Maybe there’s a case against him for regular piracy, but streaming a game pre-release doesn’t seem like anything remotely close to copyright infringement. If anything, it’s journalism and protected speech.

    If a leak causes damage to Nintendo’s marketing plans, then Nintendo shouldn’t have let it leak in the first place. That’s negligence on their part.

    Of course idk the full story here. Not showing up to court and handing Nintendo a default judgement is stupid.

    • Katana314@lemmy.world
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      3 hours ago

      If something that would normally be copyrightable is leaked, then the only people who have legal rights to that work are still the original owners. Anyone taking/sharing it is breaching copyright.

      Different case for something someone recorded/created themselves, ex recording police abuse on their phone.

      I know some people have a misguided view of “But you didn’t register copyright, it’s not copyrighted”. That’s the opposite of how it works. Rights are granted at time of creation; copyright is a “granted” right as part of sale/viewing managing how something can be shared.

      Otherwise, a photographer that takes a picture of a rare Snipe can have that photo “legally” stolen before they make it to a lawyer.

      • gamer@lemm.ee
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        2 hours ago

        If something that would normally be copyrightable is leaked, then the only people who have legal rights to that work are still the original owners. Anyone taking/sharing it is breaching copyright.

        It’s like you’re trying really hard to contort the discussion to make it seem like Nintendo has solid a case here. All the protections you’re talking about apply to works regardless of when or how they’re released. From the point of view of copyright law, a “leaked” recording of a game is no different from a regular recording of a game. Afaik, the guy in the OP isn’t being accused of sharing leaked game files.

        If you’re trying to say that a recording of a video game is not considered fair use under copyright law, then I give you the existence of Youtube and Twitch as counter evidence.

        I know some people have a misguided view…

        Maybe, but I don’t see how that’s relevant here, unless you’re implying I have that misconception. If that’s the case, please point out which part of my comment lead you to this conclusion.