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GitLab confirms it’s removed Suyu, a fork of Nintendo Switch emulator Yuzu
(www.theverge.com)
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this post was submitted on 22 Mar 2024
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Yep, and now they really do need to sue them proper to take it down, they can't just threaten GitLab to bend to their will to avoid a risk of a lawsuit.
I feel like that's probably not a problem for them. In fact I'd wager that they will probably enjoy it.
Can they not just send a DMCA takedown notice to the host of that web server?
They can, but it would reason they chose a DMCA-ignoring (offshore) host.
Cloudflare has forwarded me and my hosting provider DMCA notices from the big N in the past (I helped hosted the N64 via Unity a few years back). I don’t know if they would’ve eventually taken the site down from DNS level, but I didn’t want to run the chance of affecting my other content at the time.
The reason I bring this up is because at least, as of right now, they’re using Cloudflare for DNS.
Cloudflare will only forward DMCA reports to you and your provider, although for more serious things (ransomware for example) they may get more involved, but usually just pass the information to the relevant authorities. But they have become less 'free' over the years, so who knows how long that holds true. They are an American company after all, and the DMCA is an American IP framework.
https://www.cloudflare.com/trust-hub/assisting-copyright-holders/