Comment on Fan-made Mario Kart 64 PC port released, with track editor and ultrawide support
Blue_Morpho@lemmy.world 17 hours agoThere’s no precedent. Nintendo sues, the developer doesn’t have money for lawyers to defend themselves so they remove it.
That’s how it’s been going for a long time.
altima_neo@lemmy.zip 14 hours ago
Problem here is Nintendo doesnt have much to sue them on. They were even pretty careful about how they named the project. Naming it Spaghetti Kart and making no references to Nintendo or even Mario Kart.
Blue_Morpho@lemmy.world 2 hours ago
It doesn’t matter that they have no basis for a lawsuit. Nintendo starts a lawsuit, no matter how ridiculous, and the developer has to pay a lawyer to defend or they lose to default judgement.
The US isn’t like EU. Everyone pays their own costs whether you win or lose. If you win, you can then start a new lawsuit to recover legal costs but that costs more money and you aren’t guaranteed to recover the money.
SkunkWorkz@lemmy.world 5 hours ago
They can sue if they can prove that the code wasn’t reversed engineered in a clean room. Meaning nobody looked at the original code. And one person or group examines the system and writes the specifications and another group implements the specification without the teams interacting with each other. And usually a lawyer has to be involved and review the specification. The separation of teams is called the “Chinese Wall”
And depending on interpretation of the law using a decompiler can be seen as breaching the “Chinese Wall” since the implementation is then not based solely on the specification but based on the original code.