First, please take into consideration that lemmy.world website and organisation is bound to EU laws (as stated in the TOS). As such, in the current case the EU copyright laws, that are as previously stated, far more restrictive than the US ones.
As you stated, the objective of ROM patches is to modify copyrighted material. One of the right protected by copyright in the EU is the right to modify a software.
By default, if no licence is given, software is considered as being under the most restrictive licence available (even if the source code is freely available), which means, in this case, an “all rights reserved” licence, which prohibit software modification.
In the EU, third party patches are considered as derivative works, and requires an explicit authorisation from the copyright holder to be published and used on copyrighted material. Some exceptions exists, as previously stated, but applying them here would be quite far fetched.
For now, and while I keep researching on the application of EU copyright laws to try to find a flaw that would allow me to authorize those links, I’ll have to keep those links removed.
The comments would be restored if the link are removed by the comment authors.
Thank you for taking the time to share your expertise.
In the EU, things are a bit different. US Fair Use is quite open ended, with a lot of room for interpretation. In the case of EU copyright laws, the list of exclusions is explicitly listed in Information Society Directive Article 5.
In my opinion this could fall into either art. 5.3(d), art. 5.3(i), or art. 5.3(k), but I’m no copyright law specialist. I do have one among my friends, but she kinda got a child last week, I’m not gonna bother her for that 😅.
You don’t need to have the full game to be considered as piracy. Anything allowing to break a DRM could be considered as such.
Edit :
I understand that most of you do not agree with that, and I do too, but as a mod I have to put my feelings on the matter aside and put the community and lemmy.world interest first. If we get DMCA (or the EU equivalent), consequences could be quite significant for this community or the server itself.
You can find a more specific explanation of my stance here :
I’m a bit hesitant about allowing or not linking to the website archives.
For the time being, and while we discuss about it among the mods, I’d like to ask you to refrain from posting any link to said archive.
If we decide to allow it, I’ll restore the comments containing said links I’ve removed.
Thank you for your understanding.
Final Edit :
After carefully considering both sides arguments, and talking about it with LM admins and the mod team, we decided to keep the direct links removed.
LM allows meta-discussions around piracy, but not linking to possible pirated content. As we do not have the means and resources to check the whole 12Go dump to make sure no there is no copyrighted content in one of those Rom Hacks. More information here.
Rom Hacking is a gray area which is, depending on your location and/or interpretation of your local law, allowed or not. LW is under EU Jurisdiction (see that part of the TOS), and has to abide with rather restrictive law on that matter. There is unfortunately no broad “fair use” exception in that jurisdiction, only specific exceptions listed here. None of them seem to be applicable to Rom Hacks, which mean that they are to be considered potentially illegal under LW jurisdiction.
I’ll sticky that for the time being to remind everyone to be mindful of spoilers.
You are free to not care about spoilers, but at least respect those who do, thank you.
Honestly, GW2 is the kind of MMO I’d play on the deck if it was compatible with a controller. It has everything to make a great controller MMO… Except the controlller support.
Hi everyone. This kind of content is allowed on c/games. If there is a lot of content about video-games, it isn’t the only kind of games we accept. Tabletop RPG, card games, etc. are all allowed, and browser games are too, as soon as there is no spam occurring.
Still, we’d appreciate a heads up before starting to post recurring contents (especially daily content) in order to prevent anything becoming too prevalent.