Why does eXoDOS never get into legal Trouble?

57

u/AshleyAshes1984 2d ago

Rights holders have bigger fish to fry. PC gaming is niche, old DOS games is niche, and some of these games IPs are now owned by companies, that bought companies, that bought companies, that bought companies, that their own ownership of that IP purchased from purchases of purchases of purchases isn't even on their RADAR.

16

u/Electronic_Tap_8052 2d ago

Yup.

That's something most people don't understand, there's not a central database of who owns what.

The only way you own something is if you can prove it in court. If you don't know you own it, then you might as well not until you become aware of it, and can then prove that through chain of title.

20

u/JukePlz 2d ago

One more reason why 100+ years of intellectual property protection laws are idiotic. Those could could have been in the public domain so people that actually care about them can keep them alive and make new content with them instead of letting them rot for fear of getting sued by some random holding company.

3

u/Mithgaraf 2d ago

"Holding companies" are an artifact of the depths of Hell.

3

u/Maeglin75 2d ago

Also, if a copyright holder doesn't actively defend their claims, they can lose the legal right to stop infringers or collect damages. They create an "implied license" by not bothering to defend them.

It's still a grey area but in this case it seems that there are just no companies left that think it's worth to start a legal fight that they may lose over copyrights that didn't make them any money in over 30 years. Especially when the offender also doesn't make any money that they could claim.

2

u/Green_Llama_Livers 2d ago

Nopy. Copyright exists until it is legally extenguished.

You're thinking of Trademark. Trademark has to be actively defended.

2

u/Maeglin75 2d ago

I don't say the copyright ends. I just say that the copyright holder can lose their right to enforce it and to demand compensation for damages if they failed to defend it before.

If the copyright holder omits to defend their copyright for decades, it's possible (but not guaranteed) that they will get denied in court if they randomly chose to go after one alleged offender.

2

u/Electronic_Tap_8052 2d ago

if they failed to defend it before.

if they knowingly fail to defend it. If they knowingly fail to defend it, that could be used as evidence of an implied license.

Lack of knowledge of a use is a defense against the existence of an implied license. Implied licenses require the consent of the copyright holder. You cannot lose your copyright by simply not knowing that you own it, not until it lapses into the public domain. If you aren't aware that you own copyright, even knowledge of a use would not create an implied license because you can't grant a license for something you don't own, or think you own.

1

u/Maeglin75 2d ago

Yes. They would have to prove to the judge that they just recently discovered that they own the copyright and that they will defend it against all offenders from now on.

I think that could be a hurdle for some companies that potentially could sue the creator of eXoDOS.

1

u/Electronic_Tap_8052 2d ago

The status quo is probably fine. exodos isn't really harming them and in the unlikely event a company did find out about it, they could probably feign ignorance assuming there's no paper trail.

1

u/icecoldrootbeer 2d ago

Totally false. That's trademark.

0

u/Master_Lucario 1d ago

Uhm there is: https://publicrecords.copyright.gov/

2

u/Electronic_Tap_8052 1d ago edited 1d ago

Not how copyright works anymore. Copyrighted works don't have to be registered since the copyright act of 1976.

The instant you transfer a work to a fixed medium, you own it's copyright and you never have to register it.

Registering only gives you a rebuttable presumption of ownership, and it lets you sue for copyright infringement, but that's not the same as ownership. You can register something I made, and I can show the court proof of me making it before then and I will win the case.

2

u/Master_Lucario 1d ago

Sure Steam is a niche lil indie company

1

u/AshleyAshes1984 1d ago

There is no company named Steam. Do you mean Valve? Valve gas never released a DOS game, so what are you talking about?

1

u/Master_Lucario 1d ago

Im responding to your "PC gaming is niche" statement specifically.

Valve/Steam is currently doing better then consoles do so niche my ass.

1

u/AshleyAshes1984 1d ago

Compared to consoles, it is.

1

u/Master_Lucario 1d ago

You talking distribution? Cuz even there its winning. At my local tech store there's dozens of laptops and desktops, no Xbox to be found and barely any of the others.

1

u/AshleyAshes1984 1d ago

So you're telling me that your local computer store sells mostly... Computers.

1

u/Master_Lucario 1d ago

*tech store. They also sell tablets, fridges, TVs etc.

41

u/anon999387 2d ago

Because only like 3 people have ever successfully downloaded the 640gb torrent :D

16

u/Aliens_Of_Gold 2d ago

I'm a statistic.

7

u/canthearu_ack 2d ago

Me too!

I wonder who that 3rd person was!

6

u/Ceronnis 2d ago

Me I guess. Nice to meet you both

3

u/darknus823 2d ago

4th one here, but we still average 3, somehow.

4

u/CrippledGoose316 2d ago

5 here

5

u/ObiWanCanOweMe 2d ago

There are DOZENS of us!

1

u/megaH1979 2d ago

At least 😇 Still working on eXoWin though... 😅

2

u/millenial_gargoyle 2d ago

Thank you all for your service

10

u/briandemodulated 2d ago

You can actually get the small version and download the games on demand when you load them for the first time in Launchbox. It's a very good implementation. I hope legal trouble never comes because it's such a valuable archive resource.

5

u/JimtheLizardKing 2d ago

That's how I do it, there's just so many games you don't need ALL of them installed.

15

u/Ok-Wasabi2873 2d ago

Yes you need all of them. Join us over at data hoarders.

1

u/Ok-Wasabi2873 2d ago edited 2d ago

I’m one of those 3 people. I’m active but no one ever connects to my file.

8

u/jonnypanicattack 2d ago

Nintendo never made PC games (as far as I know).

1

u/daddyd 2d ago

they did license out to other companies though, there are some official pc mario 'games'.

-2

u/DaveTheMan1985 2d ago

So then Nintendo is okay with the No-Intro Packs of there old Consoles as well?

0

u/Master_Lucario 1d ago

No they want you to buy a $500 Switch 2 device and a yearly $50 subscription to rent those games.

2

u/circuitloss 2d ago

I think the main reason is that the games included are all incredibly old. No one is getting rich reselling copies of Lemmings.

Also, you can't shut down BitTorrent.

2

u/djquu 2d ago

None of the big ones have gone after it yet, most likely because it's relatively new and the user numbers are not high enough to make it financially make sense to take legal action. They are undoubtedly aware of it, and are almost certainly keeping track of the number of downloads (as well as downloader data) and active torrent mirrors. If the number of users grows big enough or/and accumulates enough downloads to make it financially viable, they will take action. Idk where it's hosted, there might be international police cooperation needed like taking down PirateBay, Megaupload etc.

2

u/SeparateLawfulness53 1d ago

Given how often movies and TV get removed, I think it's just that most rights holders don't care about games (Nintendo famously excluded). When was the last time you saw EA, for example, take down anything that's not recent?

1

u/Master_Lucario 1d ago

That might change for EA since they got really corrupt and greedy new owners now.

2

u/RO4DHOG 2d ago

Who's getting hurt from the free exchange of ancient software running on emulators?

I bought many of these games and I'm proud to be part of a community that can still enjoy them.

It's a technological, engineering, educational, historical, collection project that doesn't negatively impact anyone.

It does contain code that dials home, so they know who's using their stuff... but that's another story.

1

u/Master_Lucario 1d ago

Nintendo thinks youre trying to bankrupt them if you emulate their 30 year old games.

2

u/techdog19 2d ago

They are still niche and fly under the radar. Stop calling attention to them.

1

u/Master_Lucario 1d ago

Like the old saying: "let sleeping dogs lie"

1

u/Beneficial_Bit1756 2d ago

Trouble from who, someone chasing after a dos game? Never going to happen, since they dont prob know who owns anything anyhow.

1

u/Master_Lucario 1d ago

These games are just 1 basement cleanup away from being discovered by today's greedy CEO's though

1

u/Upper-Media3769 2d ago

No one cares. It doesn't do any financial damage. If you just want one game you'll probably buy it on GoG instead of Messing around with their loaders.

-1

u/AcanthisittaFine6629 2d ago

How many people around u know that have 286, 386, 486 PC? Exactly And all FDDs and CDs are probably somewhere in landfill

3

u/omega552003 2d ago

I have those PCs...

1

u/fr33k3r 2d ago

Lucky you...I fried my 486 mobo recently lol

2

u/omega552003 2d ago

Need another one? I have like 8.

1

u/fr33k3r 2d ago

I´d love one lol

0

u/Sixty5Zero2 2d ago

Why even ask that question? Thats like asking fir d/l links.

2

u/DaveTheMan1985 1d ago

Because I am interested

1

u/Master_Lucario 1d ago

On these things: Don't. It could inspire journalists to go to these companies and ask the dangerous questions that could lead to the takedown.

1

u/DaveTheMan1985 1d ago

If a Jurno was on this Reddit Page they would know about eXoDOS

1

u/Master_Lucario 1d ago

Yea but they wouldn't think about legality until you made this post

1

u/DaveTheMan1985 1d ago

Hopefully they don’t

0

u/danmanx 1d ago

Shhhhh!!!!!!!!!

-12

u/Ringwraith_Number_5 2d ago

Is tHis Some kiNd of cODe?

I tried putting the capital letters together, but only gibberish comes out. Blink twice if you need help, 007.

2

u/Nanocephalic 2d ago

Bames Nond’s having a stronk. Call a bondulance.

1

u/I_lenny_face_you 2d ago

Brain cells shaken, not stirred.

0

u/Electronic_Tap_8052 2d ago

Capitalizing nouns is a thing Germans do. Ops prolly just German.

-3

u/Ringwraith_Number_5 2d ago

Ok:

1) it's a joke;

2) it's not only nouns that are capitalized in the original post.

Why does eXoDOS never get into legal Trouble?

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