Hacking Filetrip cannot host Gateway 3DS files anymore

[Another World]

what does a letter to the admin of gbatemp have to do with a random sendspace link and your youtube channel? was your youtube channel linked as the only mirror at gateway's site? how would they even know you have a youtube channel and that you mirrored the software to sendspace?

-another world

 

[Costello]

Serious question now. If DMCA is US thing and this site is not hosted there, why can't you just ignore it?

It's not a DMCA notice.
It's a "take this down now, or see you in court" notice.
Call it the way you want, but it works no matter where you live or where your files are hosted.

 

[Thunder Hawk]

It's not a DMCA notice.
It's a "take this down now, or see you in court" notice.
Call it the way you want, but it works no matter where you live or where your files are hosted.

Well, that makes more sense now. Thanks for clearing that up. I guess. Maybe.

 

[Chaldron]

It's not a DMCA notice.
It's a "take this down now, or see you in court" notice.
Call it the way you want, but it works no matter where you live or where your files are hosted.

So it wasn't exactly a letter about a certain law regarding the Gateway files, it was just a "yeah.... you should take this down or get sued" letter?

Hmm... that might be fake, considering Nintendo of America would have sent a DMCA notice.

 

[Master X]

Have you confirmed that the letter is from a legitimate lawfirm? Have you contacted the bar association from the originating state to see if the name on the letter is that of a actual lawyer?

And have you contacted them to ensure that they actually sent the letter?

It's not uncommon for someone to create a letter, made under the name of a real lawfirm (or even a fake one) saying to remove this or else. This kind of tactic works, mostly because the person it's sent to never bothers to confirm that it is a legitimate C&D order.

 

[Normmatt]

Doesn't matter if the letter is legit. The files still contain copyrighted content and as such they will be removed from any file hosting site.

 

[Foxi4]

Wait, what?

To even demand a takedown, you need to be copyright owner... are they actually trying to say that they've copyrighted the Gateway 3DS?

That's rich, that's truly rich.

Doesn't matter if the letter is legit. The files still contain copyrighted content and as such they will be removed from any file hosting site.

And what copyrighted content might that be? It's not like the exploit used in iEvo - it doesn't "contain" a copyrighted ROM, it's just some code and I sincerely doubt that it's copyrighted and legally protected beyond the scope of "we wrote it so it's ours" which doesn't equal "copyrighted". There is a degree of legal protection employed just because they're the writers of it, but it's not exactly registered... then again, this is a semantics argument.

 

[Normmatt]

Wait, what?

To even demand a takedown, you need to be copyright owner... are they actually trying to say that they've copyrighted the Gateway 3DS?

That's rich, that's truly rich.

And what copyrighted content might that be? It's not like the exploit used in iEvo - it doesn't "contain" a copyrighted ROM, it's just some code and I sincerely doubt that it's copyrighted and legally protected beyond the scope of "we wrote it so it's ours" which doesn't equal "copyrighted".

It does contain copyrighted code/data from nintendo... Specifically the NATIVE_FIRM go read up about what it is on 3dbrew. Just because its encrypted doesn't change that its still nintendo's code/data.

 

[Foxi4]

It does contain copyrighted code/data from nintendo... Specifically the NATIVE_FIRM go read up about what it is on 3dbrew. Just because its encrypted doesn't change that its still nintendo's code/data.

Fair enough, I'll take your word for it.

 

[kyogre123]

It does contain copyrighted code/data from nintendo... Specifically the NATIVE_FIRM go read up about what it is on 3dbrew. Just because its encrypted doesn't change that its still nintendo's code/data.

The funny thing is that the person who sent the letter didn't made mention of copyrighted data within the implicated file.

 

[Master X]

The issue isn't that the data is copyrighted - It's that until a legitimate C&D letter is recieved, then it still falls under fair use. (I think?)

I'm just wondering if someone actually took the time to look into the letter, to see if it was legitimate, instead of just taking the letter at face value.

Edit - "The sale, offer for sale and/or provision of services of any technology, product, service, device or component which is primarily designed or produced for the purpose of circumventing a technological measure is an infringement of copyright and we are hereby putting you on notice of this infringing activity."

Under this, we also need to stop linking to any site that sells the Gateway. And, one could say, advertising for them.

Also provision of services - One could argue that the Gateway support thread is this. It provides support for the product. So that thread also needs to go if you want to comply with this order.

 

[elunesgrace]

I fail to see how this would hold up in any court.

The only reason for doing this is to avoid the hassle and expense of going to court with it.

This is what on the elementary playground kids commonly call 'bullying.'

 

[FAST6191]

I fail to see how this would hold up in any court.

The only reason for doing this is to avoid the hassle and expense of going to court with it.

This is what on the elementary playground kids commonly call 'bullying.'

Few would argue with that.

However taking the more pragmatic approach not hosting the files costs..... actually it probably saves a bit of bandwidth/server load. Much like ROM images though such things are easy to find otherwise and it is the discussion of how the files work in a given instance or assistance in their use that helps here.

Nobody wants to be in court unless you are a trial lawyer being paid to be there, GBAtemp is not a trial lawyer being paid to be there and indeed GBAtemp would be doing the paying should it come to pass.

To that end meh really.

 

[kyogre123]

I think the real problem was that Gateway linked the hosted files to their site; before this there weren't any problems with the files being hosted on Filetrip or linked on posts made in the forum.

 

[Technicmaster0]

I think the real problem was that Gateway linked the hosted files to their site; before this there weren't any problems with the files being hosted on Filetrip or linked on posts made in the forum.

But GBATemp was offering that to the GW team. So that's not their fault.

 

[kyogre123]

But GBATemp was offering that to the GW team. So that's not their fault.

I didn't suggest that Gateway team should receive the consequences or something related, so I don't know why you are telling me that. On the other hand, I was suggesting that we could at least link those files from posts in the forum and still be safe.

 

[Technicmaster0]

I didn't suggest that Gateway team should receive the consequences or something related, so I don't know why you are telling me that. On the other hand, I was suggesting that we could at least link those files from posts in the forum and still be safe.

It sounded a bit reproachful.
Maybe there are countrys where direct links to files are counted as self-hosted files. But I think that they could allow that, too.

 

[chrisrlink]

first this next thing you know BAM filetrip/GBAtemp is hit by a DMCA notice to shutdown completely they might be working on making a plan to make even Homebrew illegal (due to it is tampering with IP after all) I bet it's their next move now I'm worried for smea due to it is his exploit

 

[the_randomizer]

first this next thing you know BAM filetrip/GBAtemp is hit by a DMCA notice to shutdown completely they might be working on making a plan to make even Homebrew illegal (due to it is tampering with IP after all) I bet it's their next move

I doubt it, the site itself hosts no illegal files. We'd just use another host. Oh and the DMCA and those who came up with it? Yeah, they can die now.

 

[chrisrlink]

I wholeheartedly agree random the DMCA should go down no marter what Piracy exsist (It is bad don't get me wrong) I think nintendo is losing money just through court cost alone JUS CUT YOUR LOSSES be glad their are many who are NOT Pirates