Is EA(I assume they're the current IP holder of the game) losing sales from this in order for the violation to be noteworthy?
I assume there's not a huge untapped customer base for this particular game that were rushing out to buy it but stopped because it's also available online for free.
Nevertheless, i expect just like Nintendo, their lawyers will send a C&D just to defend the IP and trademarks on the basis of "use it or lose it".
There doesn't always have to be a monetary loss to win a copyright suit, perhaps unlike with a breach of contract ruling.
Copyright licenses are designed to support the right to exclude; money damages alone do not support or enforce that right.
A similar notion has been common even among cases involving open source licenses, where developers were able to claim non-monetary damages from violations.
From Jacobsen v. Katzer:
> Traditionally, copyright owners sold their copyrighted material in exchange for money. The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration, however. There are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties. For example, program creators may generate market share for their programs by providing certain components free of charge.
Have you ever tried to pull or push a wheeled cart up a large hill? Wheels are not super useful on steep terrain or unbroken ground and are often a liability without a bullet proof brake to stop it from trying to roll away when you stop. If the land isn't super rough or steep then wheels are great, but when it is you are going to have to work twice as hard.
I've seen songs on spottily called "anything" and "Just play anything", so I guess it may be worthwhile if I change my name to "anyone" for when someone asks their LLM to "just hire anyone"
20 or so yrs ago I read a 300 page "EU Start-up Grants Guide" - small print legalese or Kant is children prose in comparison. I managed to reduce to 5 criteria to get 100 points needed to qualify:
20 pts - parrot EU buzzwords profusely without any context or logic
20 pts - spend a tone of money for certificates issued by EU approved firms
20 pts - prove your firm is already rich and wants the grant only to get richer
20 pts - sign yourself in for insane bureaucratic oversight and 30% of revenue kick-back to EU selected services (all your suppliers need to be 'preaproved')
20 pts - !!! THIS !!! prove that you already participated in previous projects
So basically it was 300 pages of gibberish summarized as "you are neither sufficiently 'well connected' or obedient to get grants"
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