Cutter wrote on Mar 3, 2021, 23:33:
A DCMA claim doesn't mean anything. One of the biggest problems on the internet today are spurious DCMA claims that have no legal validity. Anyone can file a claim.
Both sides are claiming the courts have ruled in their favor for this, that, and the other thing yet in the grand scheme of things that doesn't mean anything. An injunction is a powerful legal remedy that's enacted immediately if the judge feels you actually have a case. If you want to stop anyone doing anything immediately an injunction is what's required. In this case that would mean Frogwares lawyers going to a judge, presenting the contract and explaining why NACON is in breach and they want an injunction to prevent them selling the game. Seeing as they haven't done that or were flat our rejected amounts to the same thing, their claims are just that, only claims.
While you're correct about the spurious misuse of DMCA, this is not one of those cases. Frogwares is within their rights to do this to stop Nacon from engaging in the unlawful profiting of pirated goods, which is uniformly illegal in most countries.
Besides, the point is irrelevant now. Frogwares succeeded in getting their game delisted. At this point, it behooves Nacon to wait for a court decision, which may prove challenging given their latest action is likely admissible evidence.
"Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times." - Those Who Remain by G. Michael Hopf