• SchmidtGenetics@lemmy.world
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    4 months ago

    Was the business he worked for not an LLCā€¦?

    https://www.pjlesq.com/amp/does-an-llc-always-protect-against-personal-liability

    You should seriously read up on what an llc actually protects you from, because your lack of knowledge could put you in a seriously disastrous scenario you thought you were protected from.

    Who the helm thinks a LLC protects them from everythingā€¦? The first term is literally LIMITEDā€¦ā€¦ its not a full liability company lmfao.

    Main relevant bit for you

    In general, the tort participation theory is a legal principle that holds an owner of a company liable for the companyā€™s torts (wrongful acts). This means that even if you are not the one who committed the tort, you can be held liable as an owner of the company.

    Not protected from illegal actionsā€¦ huhā€¦. The exact scenario you just presentedā€¦ huhā€¦ look at thatā€¦

    • Saik0@lemmy.saik0.com
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      4 months ago

      Read your own link please.

      Donā€™t ever talk again on the internet until you can actually recite the differences. You are acting like an LLC is a sole proprietorship. And youā€™re wholly wrong. Completely and utterly wrong.

      Thereā€™s only 2 cases where you will personally be liable in an LLCā€¦

      1. Piercing the Corporate Veil, you treat the LLC as your personal sole proprietorship.
      2. Tort Participation Theory.

      #2 could in ā€œtheoryā€ be applicable here. But luckily we already know that emulators are wholesale safe under the law. You should already know this since itā€™s been in response to your comments a few times now. DMCA clause 107. Since pulling your own keys off a device is categorically safe and even downloading the keys is safeā€¦ (Only distribution is prohibited by DMCA) Then Yuzu did nothing wrong. But since you completely missed these points Iā€™m going to assume you didnā€™t even read your own damn source.

      But I suppose you already know this shit and are just trolling at this point. Since you canā€™t answer a single question that anyone actually asks you. Even the most basic shit of ā€œAnd what LLC was Gary bowser operating under?ā€ BTW the next question after you answered that would have been ā€œWhat were the charges that actually got him in troubleā€. At that point you would have realized that it had nothing to do with LLC operations, emulation, or anything nearly close to this topic. Mod chips != emulation. Nothing close to emulating a console which is completely legal per Sony Computer Entertainment America v. Bleem!

      Who the helm thinks a LLC protects them from everythingā€¦? The first term is literally LIMITEDā€¦ā€¦ its not a full liability company lmfao.

      Wowā€¦ What an incredible showing of intelligence. Note that both of the above items (piercing the corporate veil and Tort participation) that can ruin your LLC ALSO HAPPEN IN ā€œfull liability companyā€ (doesnā€™t exist). What nonsense.

      Edit: Also would like to point out the fact that youā€™ve still not answered ANY questions posed. You just throw out additional unrelated shit everytime someone shows you that youā€™re wrong. Itā€™s tiring.

      • Lily9149@lemmy.sdf.org
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        4 months ago

        Not to mention :
        Sony Computer Entertainment, Inc. v. Cyberhead (2002)
        Bleem, LLC v. Sony (2001)
        Bleem, LLC v. Sony Computer Entertainment America, Inc. (2000)
        Sony Computer Entertainment, Inc. vs. Connectix Corporation (2000)
        Sega Enterprises Ltd. v. Accolade, Inc. (1992)
        Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (1992)
        Atari Games Corp. v. Nintendo of America Inc. (1992)

      • SchmidtGenetics@lemmy.world
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        4 months ago

        I never said a full liability company existed, I was using that to show how stupid your asinine claim was that you canā€™t be held liable in an LLC, I see from your last comment you atleast kind of understand it, even though you wonā€™t admit you were wrong originally. For some strange reasonā€¦ why are you pretending you didnā€™t even know you could be liable as an LLC a comment agoā€¦?

        Your comment

        And no. If your llc dies you donā€™t have to personally claim bankruptcy.

        As explained, there is situations, despite this asinine claim. Lmfao. If you company gets taking for 2.4 bil, how do you expect to pay that if you make 80k a yearā€¦? If you think I was saying you would always be liable, well thatā€™s entirely on your ineptness that youā€™ve clearly shown this entire exchange.

        You canā€™t seriously be this inept can you? LLC is this magic thing that protects you from ALL liabilityā€¦ rightā€¦. Lmfao.

        • Saik0@lemmy.saik0.com
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          4 months ago

          For some strange reasonā€¦ why are you pretending you didnā€™t even know you could be liable as an LLC a comment agoā€¦?

          I never made such a claim. Read the sentence. Read the context of the post. Emulation is not illegal, therefore no torte could be claimed. And short of them piercing the veilā€¦ Thereā€™s no liability. Why would Yuzu devs be individually liable and need to claim bankruptcy? Answer that question before you post anything else.

          If you company gets taking for 2.4 bil, how do you expect to pay that if you make 80k a yearā€¦?

          Thatā€™s the whole point. The company doesnā€™t. The company folds and walks away. Thereā€™s no point in fighting the lawsuit if thereā€™s already nothing on the table to lose or gain. Itā€™s not like Yuzu could counter sue and make money back for all the effort theyā€™re going to not put into the emulator while going through the process.

          If you think I was saying you would always be liable, well thatā€™s entirely on your ineptness that youā€™ve clearly shown this entire exchange.

          Nah thatā€™s because thatā€™s literally what you said. But you like going back and editing comments without making it known. I bring up how an LLC works as an idea of why folding my company would make sense. You bring up Gary Bowser like that relevant at all, with NO ties to the current conversation.

          You canā€™t seriously be this inept can you? LLC is this magic thing that protects you from ALL liabilityā€¦ rightā€¦. Lmfao.

          Considering I actually have one. Am successful. Have successfully defending IRS audits and lawsuits in the past, Iā€™m going to say that I firmly understand what an LLC is and how to use it to protect you. Iā€™ve never once claimed bankruptcy and have talked to lawyers about how it all works (and donā€™t have to retain them yearly!). I am highly suspicious that you have no fucking clue what an LLC actually is, nor can even understand how itā€™s relevant the discussion at hand.

          Letā€™s go back and pull all the questions you refused to answer.

          Why is Yuzu illegal? What part of Yuzu is any different than sony v bleem!?
          Where is the proof for ā€œThe key they used to make the base engine was ripped from onlineā€?
          Where did Yuzu provide bios keys?
          How did Yuzu pirate code when the repo is a completely different programming language?
          How was that ā€œstolenā€ code even relevant when it was regarding GUI modifications?
          Where is the evidence for any of this: ā€œThe dev provided the means in discord themselves, they also had a google drive with a ripped key, they also had files on discord of roms to test their gamesc which were acquired illegally.ā€
          What about the prod.keys is illegal?
          What does folding the company have to do with some implication of their actions being illegal when thereā€™s plenty of alternate possibilities for why they want to shut down rather than fight Nintendo?

          Or any number of other questions you never addressed?

          Shitā€¦ Iā€™ll add one moreā€¦ What the fuck does Gary Bowser have to do with this thread at all? Yuzu != Gary and theyā€™re not even doing remotely close to the same things.

          • msgraves@lemmy.dbzer0.com
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            4 months ago

            This person clearly doesnā€™t understand what they are talking about, itā€™s just a clown show at this point.

            • Lily9149@lemmy.sdf.org
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              4 months ago

              I just find it funny how even after countless people repeatedly asking him to show solid proof of Yuzu illegally distributing encryption keys the best he could come up with is some random ass user on Twitter saying the same bs claims without any proof; Twitter, a platform thatā€™s totally not over 50% botā€™s and a totally reputable source of information, just the peak of human intelligence over there šŸ™„.

                • Lily9149@lemmy.sdf.org
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                  4 months ago

                  Iā€™ve been digging into the thread using nitter and all I see is a few screenshots of allegedly ā€œGoldenX86_64ā€ talking some crap about a ā€œstashā€ then further searching found more screenshots with conflicting information and saying unproven crap about Ryujinx. Notice how neither of them show user ID so itā€™s impossible to verify that either of them are the real GoldenX86_64, I can literally fake this shit myself using a private server.
                  More over, GoldenX86_64 wasnā€™t even a Yuzu team member despite the headliner claims, they were a 3rd party contributor and nothing more. How do I know this? Because their Github account is right here with all of its history. Literally, just use git log & git blame.
                  Also, I find it funny how nobody making these claims thought for a second to show any proof that these are the same person via user ID or other methods, when it took me less than 5 minutes to find the real GoldenX86_64ā€™s personal email & legal name.
                  Lastly, using Wayback to view the now deleted source of these claims (which is suspect as hell), youā€™ll notice discrepancies such as ā€œFiles Owned by dysonshere.comā€ as well as many other mentions of dysonshere.com soā€¦ WHO IS DYSONSHERE ??, as you see can it was registered in 2022-12-31.
                  You expect me to believe that the devs were using this so-called ā€œstashā€ for a project that started in 2013? When this ā€œstashā€ was registered literally a little less than 10 years later? You canā€™t be fucking serious. šŸ¤¦šŸ½ā€ā™€ļø
                  More over thereā€™s no proof that Yuzu owned this domain either, therefore even if they used this ā€œstashā€ which is unproven, the DMCA requires that Yuzu be the one facilitating distribution, therefore users and 3rd party contributors sharing a link on discord to a 3rd party ā€œstashā€ doesnā€™t qualify. More over, itā€™s additionally important to note, that the use of ROMs for emulator testing doesnā€™t qualify as copyright infringement as the copyright content regardless if dumped from legitimate hardware with legal homebrew tools or otherwise isnā€™t included in the source. So as the DMCA requires them to be the distributors via the ROMs or via the source, which they donā€™t meet, they donā€™t qualify. The only legal stance that could possibly be stood on would be if they were using the SDK, which is again, unproven.

                  Oh, and one more thing. Why the fuck would the devs have PORN in their alleged ā€œdev stashā€ ??

                  The math is just not mathing.

                  As per US law, Nintendo needs to prove beyond a responsible doubt that Yuzu infringed on their copyright. While all these allegation look bad, there are big gaping holes.
                  If this is all Nintendo had the case would no doubt go to Yuzu. Assuming they could possibly survive the court fees and multi year lawsuit(s) Nintendo is going to drag them though. It doesnā€™t matter anyway, it was settled out of court so in the end Yuzu still won and didnā€™t go bankrupt in the process, as the law stays unchanged and GPLv3 does itā€™s thing. šŸ’¾šŸ”¬šŸ‘¾šŸ‘©šŸ½ā€šŸ’»šŸ’”

                  • Saik0@lemmy.saik0.com
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                    4 months ago

                    It never mathed up. This why i asked very simple questions and never got anything remotely close to an answer. Ultimately it comes down to one thing thoughā€¦ if Nintendo was 100% correct and yuzu was 100% wrong like this lunatic believesā€¦ wouldnā€™t they have never settled out of court and pursued complete and utter devastation of everyone related to yuzu just to set the court precedent alone? Nintendo didnā€™t. Soā€¦

              • SchmidtGenetics@lemmy.world
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                4 months ago

                I already said the stuff has been deleted from their servers.

                How do you expect to get solid proofā€¦?

                And Iā€™m not going to engage with an absolute moron that thinks they canā€™t be held personally liable as the owner of an LLCā€¦ā€¦ Even after giving them proof they want to ignore it and pretend they werenā€™t wrongā€¦. Thatā€™s not someone who will ever willingly admit they were wrong, so thereā€™s no point in engaging further.

                Even if Iā€™m wrong, but thereā€™s no proof they did anything right either hereā€¦. They are still completely wrong about not ever being able to be personally liable with a LLCā€¦ā€¦ the rest of what they said have lost all merit, defend the moron if you want. I gave them unequivocal proof they were wrong about something, they blew it off, I can do the same with this emulator BS and still wouldnā€™t belief itā€¦ā€¦ā€¦ā€¦

                All they have done is continually move the goalposts and ignore anything against them, so fuck me for doing the same back. Iā€™m not going to engage with a bunch of people blindly defending someone who didnā€™t even try to defend the product, when others did with zero funds. Itā€™s hilarious, they wanted their money and to run, and you guys are defending them for doing it. AWWWHHHH

                You also seem to be ignoring the big part where it says an llc or its owner can be liable for its companies actionsā€¦. Or the actions yuzu didā€¦ you guys are claiming he didnā€™t do it, so itā€™s not wrongā€¦. Uhhā€¦ heā€™s personally responsible for anything his company he operated didā€¦ā€¦ this is the part you guys canā€™t fucking figure out lmfao. It was also literally spelt out for you morons multiple fucking times. ā€œIt wasnā€™t himā€ doesnā€™t fucking matterā€¦ his company did itā€¦. He fucked up even if he didnā€™t! Fucking hell lmfao, you guys have no idea how businesses operate or how they can be exposed.

                Also, nice alt account lmfao.

                • Lily9149@lemmy.sdf.org
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                  4 months ago

                  You clearly donā€™t understand US copyright law, thatā€™s the problem here. This argument is ultimately pointless, Nintendo trying to force Japanese copyright law on the US will be a never ending battle. GPLv3 makes it live on, just how GPLv3 makes Revanced live on. Itā€™ll never stop.

                  • SchmidtGenetics@lemmy.world
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                    4 months ago

                    And yet again the goalposts get moved instead of addressing anythingā€¦. What a fucking shockerā€¦.

                    Why is this suddenly about ā€œUSā€ copyright? Nothing about the US has been mentioned until now, and where was Yuzu based anywaysā€¦.