I enjoy how you removed the “I think” qualifier which suggested that it’s very possible that you’re right.
I’m quite well read on the DMCA but admit you probably know far more about how Nintendo wields it.
Still, I suggest that it’s a lot more likely that GitHub is going to get sued than you or GP.
Finally, I believe using the legal system to bully independent software developers is, in legal terms, super lame. We are probably in the same side here.
DMCA (at least the take down requests part) is not really suing someone and not really about making money. Its about getting certain works off the internet.
You are probably more likely to be on the wrong end of a dmca take down request as a poor person since you dont have the resources to fight it, and its not about recovering damages just censorship.
We are really losing the plot of what this thread is about here, but: DMCA takedown requests that are ignored or wheee the site does not comply with the process are subject to private civil action. Obviously, a takedown request is distinct from suing someone. And the way that the rights holder forces the site to remove the content is under threat of monetary penalties.
I’m quite well read on the DMCA but admit you probably know far more about how Nintendo wields it.
Still, I suggest that it’s a lot more likely that GitHub is going to get sued than you or GP.
Finally, I believe using the legal system to bully independent software developers is, in legal terms, super lame. We are probably in the same side here.