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    Player BLaCKnBLu3B3RRY's Avatar
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    Quote Originally Posted by KageTokage View Post
    It is specifically designed for XIV, but I still fail to see how making a ToS would protect them.

    Couldn't those myriads of fan projects and other types of copyright infrigement Nintendo has shut down have been protected in the same manner?

    It just doesn't sound right that any website can basically just say "Nuh uh, you guys can't do anything to us" and have it actually work that way.


    the ToS can be legally binding. if you were to visit the domain/website anywhere beyond the landing page, or in some cases the landing page requires you to agree to the ToS, or even sometimes the landing page is asking for your age - regardless, browsing any further then whatever first page you are brought to would constitute you as agreeing to those terms. it would protect them from certain actions, mostly just forbidding any employee from browsing the site or using any services that may be provided.

    a website wouldn't have a company dead-to-rights for breaking those terms, and would have to file a lawsuit. they are obviously unlikely to ever ever win. but again, if they could prove an employee violated their ToS then a lawsuit wouldn't be so farfetched. on the other hand... reverse engineering software is an entirely different section of the ToS. they could actually prosecute for this. in the end, the only way around this would be to hire a freelancer. however, even with that being done. whatever information or work the freelancer provides couldn't be used in court.

    as for Nintendo taking down ROM hosting sites... copyright infringement is something else entirely. that is a federal crime, regardless of any Terms and Conditions. the only time breaking the ToS could be a crime of any kind is if it explicitly either states so, or states something like you will prosecuted to the fullest extent of the law. otherwise, any other ToS violations would have to be handled in a lawsuit.



    also, as previously mention by MariaArvana. depending on the country certain things are hosted out of... there may or may not be anything that can be done. in this particular situation it would require either, a country itself making a declaration to take action ( which may even mean war ) or Square Enix attempting a lawsuit in their own courts of whatever country is responsible for hosting these services. which obviously won't end well.

    it is no secret that certain countries don't deal with the UN or USA or other countries for the sole reason of keeping things like telemarketer scam phone calls in operation. i wouldn't doubt the same is true for like movie/tv show hosting sites, ROM download sites or even cheat/hack sites for botters.
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    Last edited by BLaCKnBLu3B3RRY; 08-10-2019 at 01:47 PM.

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