this post was submitted on 12 Mar 2024
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Emulation

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Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued (arstechnica.com)
submitted 5 months ago by [email protected] to c/[email protected]
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Dev says project is "in a legal gray area we are trying to work our way out of..."

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[–] [email protected] 5 points 5 months ago* (last edited 5 months ago)

The commercial use (e.g. sale, rental) is prohibited according to your cited text.

The manufacture, import, distribution, sale, rental, advertising with a view to sale or rental and the possession for commercial purposes of devices, products or components as well as the provision of services which: [...]

And while the LG Köln (Cologne) sided with the copyright owner of the wallpaper, other LGs and the OLG Düsseldorf - a higher court - said otherwise:

Abbildung einer Fototapete im Netz ist keine Urheberrechtsverletzung (2024-02-29, in German)

But the copyright owner is appealing that decision and the BGH - the highest court - has to decide.

Urheberrecht: Foto von Fototapete landet beim Bundesgerichtshof (2024-03-07, in German)

And this is just absurd:

The case I ZR 140/23 is really meta: A woman posted a screenshot of a website of a tennis center online; the documented website also contains a photograph of the guest room of the tennis center, whose wall is (in)decorated with a photo wallpaper on which a picture motif is reproduced to which the photographer claims rights via his company registered in Canada.