this post was submitted on 22 Mar 2024
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This is a more general question, but how do corporations send cease and desist letters to randos on the internet who use copyrighted material in fan art that they don't sell? Like, wouldn't they need to literally dox you first in order to get an address to serve papers to?
And even in cases where people do sell the art, it's usually commissioned stuff, especially when it comes to adult content, right? I can't see how Nintendo would extract evidence from between the artist and patron in order to make an accusation.
A cease and desist letter generally doesn't have to be a physical letter. Nothing stopping a law firm from DMing you a C&D. If an artist ignores a DM'd C&D, a company could start proceedings in court and as part of that order the hosting site and other sites to turn over account info that can be used to ID someone. Very expensive and time consuming, but often companies only need to go after a few high profile cases to scare everyone else doing it.
For most cases they don't need to provide evidence if they can make a good enough assertion for the defence to need to hire a lawyer. Going to court is expensive, deleting a social media page is cheap.