2020-05-03 - Sony Interactive Entertainment Europe Limited: Last of Us 2 DMCA 2

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UnclePhil

Concern dismissals all around.
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Dear Naughty Dog/Sony/outsourced legal shithole,

Do you like Mega Man? In the next game, you play Dr. Wily's son and rip Mega Man's arms, legs and eyeballs out of their sockets while he begs you to stop.

Do you like Jill Valentine? In the next game, you play as Nemesis and slowly bludgeon Jill to death as she runs, and then crawls, away from you in horror and despair.

Do you like Mario? In the next game, you play as a surviving Koopa after Mario smashed Bowser's castle, and you hold Mario's head down in a lava pit. Princess Peach cries. Then it's her turn.

Do you like Joel and Ellie? In the next game, you're the daughter of some doctor Joel killed and you beat Joel to death with a golf club while Ellie is forced to watch.
 

Captain Manning

True & Honest Fan
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Love it how pretty much the entirety of the dick licking gaming press is focusing only on how the leaks got out, and thinking of ways they should be punished. Hoe's mad.

You gotta watch those "basket of deplorables" on YouTube to figure out what the hell is going on.

Do you like Joel and Ellie? In the next game, you're the daughter of some doctor Joel killed and you beat Joel to death with a golf club while Ellie is forced to watch.

BTW, if it's the doctor I'm thinking of, it's the doctor that was just about the pull Ellie's brain out of head (while she's still alive), and pulls a fucking scalpel on you to keep you from saving her. There are two other people in the room, but you can leave them alone.

Fuck that guy. I'm not gonna feel sorry for killing him. Motherfucker clearly wasn't acting consistent with Hippocratic Oath.
 

Stranger Neighbors

Mondo Bizarro
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Let's see what Sony has to say about my fair use parody, The Last of DMCAs 2:
View attachment 1270577
This shit should be shared around the internet so everyone knows that Sony was BTFO by a guy who runs a shitposting site about Tards. Let them never forget their pathetic embarrassments.
 

Kosher Salt

(((NaCl)))
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It's pretty fucking scummy that they try to use "This content is as yet unreleased and has not been authorized for distribution" to justify trying to use a bad-faith DMCA takedown notice to stifle people's speech. Copyright law does not allow them to restrict people's freedom to do this. The concept of fair use allows people the freedom of speech and expression to make limited use of their shitty game for the purpose of commenting on, criticizing, and/or parodying it. It doesn't matter if they haven't authorized the content for distribution; fair use explicitly does not require their permission.

It doesn't matter if the leak was straight-up illegal; unless you, personally broke into Sony's computer systems or violated a contract that you signed with them, or you knowingly and intentionally caused someone else to do so, the only legal restriction on your ability to reproduce the content is the same as it would be for any other content: copyright. Unfortunately the DMCA is so ridiculously weighted in favor of the copyright holders that most sites will just take the safe harbor provision and cave immediately. And some of them don't even give their users the rights provided under the DMCA to give a counter-notice and accept the liability if Sony wants to sue.

(A side note, they might actually have a better legal leg to stand on if they tried to argue that the game is protected under trade secret law; it's unreleased, was supposed to be kept under lock and key, and its unauthorized leak could potentially cause them serious financial harm. But that would actually require them to nut up and sue someone; it's much easier to just threaten people with unjustified DMCA takedown notices.)
 
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Fougaro

Glow in the dark K/DA Popstar
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View attachment 1268966

is this real or fake text? I didn’t believe the new character was going to be Macho It’s Ma’am Randy Savage either, so I can’t be sure.
"Don't kill Ellie, please-she's the last of us, too!"

Please Clap.png
 

Urbanmech

Got an AC 10 and not afraid to use it!
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Love it how pretty much the entirety of the dick licking gaming press is focusing only on how the leaks got out, and thinking of ways they should be punished. Hoe's mad.

You gotta watch those "basket of deplorables" on YouTube to figure out what the hell is going on.
What is really great is how the media is making the fact that the leaks were hacked is a better thing than a disgruntled employee leaking them. I mean given Sony's history of getting hacked, its doesn't look good that your security is still bad enough to get your biggest project of 2020 leaked. I mean a disgruntled employee can have a lot of excuses but getting hacked AGAIN is only one excuse, you didn't learn your lesson the first time.
 

CDWLTY

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What is really great is how the media is making the fact that the leaks were hacked is a better thing than a disgruntled employee leaking them. I mean given Sony's history of getting hacked, its doesn't look good that your security is still bad enough to get your biggest project of 2020 leaked. I mean a disgruntled employee can have a lot of excuses but getting hacked AGAIN is only one excuse, you didn't learn your lesson the first time.
I think they're aiming to spin themselves as a victim. Seeming like this vast, secret community of hacker klansmen hacked in just to make their LGBTQIAA+ game look bad out of pure ideological bigotry will be a headline the rest of the journos love. Then they can act like any released stuff needs to be kept secret. Employees leaking means they're unhappy with either the company or the content.
 

Shaka Brah

Patriotic Ass-Blasting Poster
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I think they're aiming to spin themselves as a victim. Seeming like this vast, secret community of hacker klansmen hacked in just to make their LGBTQIAA+ game look bad out of pure ideological bigotry will be a headline the rest of the journos love. Then they can act like any released stuff needs to be kept secret. Employees leaking means they're unhappy with either the company or the content.
Yeah I still also disbelieve this hack idea. If they hacked Sony to get it, then why did they specifically get the Spanish localization playtest copy? Did they hack the Spanish translation company? Also if it was a hack why isn't the full build out on warez sites already?
 

AnOminous

Only the rarest and smuggest of Goodmans
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What is really great is how the media is making the fact that the leaks were hacked is a better thing than a disgruntled employee leaking them. I mean given Sony's history of getting hacked, its doesn't look good that your security is still bad enough to get your biggest project of 2020 leaked. I mean a disgruntled employee can have a lot of excuses but getting hacked AGAIN is only one excuse, you didn't learn your lesson the first time.

They have this weird, delusional idea that you should just ignore it if it was a hack as if that somehow makes it not true. They're loons.
 

Null

Ooperator
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Glad to see someone pulling out the threat of 512(f). You wouldn't win of course, since US lawyers require more in payment than borscht and autism, but I enjoy seeing the threat of legal action being made
>implying I wouldn't represent myself for free and get Sony charged ten thousand dollars an hour by a team of lawyers desperately trying to defeat a lunatic and his barely competent claim so as to prevent case law from forming against unlimited, risk-free automated DMCA complaints
>implying I wouldn't do this just to force interventions and representation throwing itself at me to stop me from ruining the Internet by building case law in favor of the DMCA
 

HomerSimpson

I AM SO SMRT!
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>implying I wouldn't represent myself for free and get Sony charged ten thousand dollars an hour by a team of lawyers desperately trying to defeat a lunatic and his barely competent claim so as to prevent case law from forming against unlimited, risk-free automated DMCA complaints
>implying I wouldn't do this just to force interventions and representation throwing itself at me to stop me from ruining the Internet by building case law in favor of the DMCA
"Your honour, I'm just here to waste their time, but, I am also on the right side, so lets drag this out for a few months."
 

Thumb Butler

Replaced but not forgotten
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I wonder how much money Sony lost with this shit show?

Unfortunately they'll just do some Hollywood accounting, just move some millions there and some over here, and before we know it: Last of Us 3 starring two massive "ladies" fighting for world domination. This cancer cannot die soon enough, so maybe coronachan will make a difference?
 

AbbleDabble

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>implying I wouldn't represent myself for free and get Sony charged ten thousand dollars an hour by a team of lawyers desperately trying to defeat a lunatic and his barely competent claim so as to prevent case law from forming against unlimited, risk-free automated DMCA complaints
>implying I wouldn't do this just to force interventions and representation throwing itself at me to stop me from ruining the Internet by building case law in favor of the DMCA
But they've sent the DMCA's to an LLC, and you cannot represent an LLC without being licensed in whatever state they drag you to as an LLC is a seperate entity from yourself.
 

Learned Hand

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But they've sent the DMCA's to an LLC, and you cannot represent an LLC without being licensed in whatever state they drag you to as an LLC is a seperate entity from yourself.

Yes, this is true, including in Florida.

Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247, 248 (Fla. 3d DCA 1985) (“It is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney.”).

That also doesn't mean it's not possible, as Null said, to have interested groups come and beg him to let them represent him before Null hires some attorney that's going to mess up whatever case law/DMCA evisceration they've been gunning for and needing a plaintiff to move forward on.
 

UnclePhil

Concern dismissals all around.
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A 'hacker' didn't make the new character look like a lesbian stereotype from an '80s camp comedy crossed with Donkey Kong. A hacker didn't make the player control the 'roided up lunch lady and tap Triangle to strangle the bio-born female lesbian...that you played as a child in the last game.

Nor did a hacker make the myriad of terrible decisions that will be this game on release day next month.
 
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