this post was submitted on 15 Oct 2024
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[–] GreenKnight23@lemmy.world 62 points 1 month ago (8 children)

pull a WordPress and force a TOS in the license to say you cannot be affiliated with Nintendo in any way in order to use this software.

they want to emulate their hardware? then they can build their own emulator.

[–] bitwolf@lemmy.one 16 points 1 month ago (7 children)

I believe they do have their own emulator. It logically would be what powers the Nintendo arcade

[–] GreenKnight23@lemmy.world 24 points 1 month ago (6 children)

folks thought the same for the Genesis and Atari flashbacks but some tinkering found they were using FOSS emulation. IMO FOSS projects should start charging companies that use their products dependent on scale.

[–] Float@startrek.website 7 points 1 month ago (2 children)

I assume most FOSS emulators have a non-commercial license, so if a company is using it to make money they are already violating the law, but who is gonna go after Nintendo for that?

[–] socksy@discuss.tchncs.de 8 points 1 month ago (1 children)

If they had that, they'd no longer be FOSS and instead "source available" and half the community will raise the pitch forks. Best FOSS licence to protect against this sort of thing is AGPL because it's toxic for corporations. But even that could be used in this case if they had the source on the same computer imo (IANAL though)

[–] Float@startrek.website 1 points 1 month ago

Good to know, ty!

[–] GreenKnight23@lemmy.world 1 points 1 month ago

I would because it's an open and shut case no judge would deny.

and you would be incorrect, most GPL/fossy licensing doesn't specifically prohibit commercial use.

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