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Re:We DMCA-ed our own game because it got hijacked by publisher by benj111 on Monday January 21, 2019 @04:03PM (#18963587)
My point is that you should be going after the actual problem, rather then messing round with the periphery. The DMCA is designed to combat a diffuse mass of people that you can't really target directly. The publisher like the gigantic space laser is one large target. Target it directly.

To torture another metaphor, this may only be one starfighter against a star destroyer, in that case, if you don't have an ion canon, kamikazing the shield generators is an option, but not your first choice.

Don't ask me what the DMCA is in that metaphor :P

Re:We DMCA-ed our own game because it got hijacked by publisher by setr on Monday January 21, 2019 @04:49PM (#18963934)
in the DMCA case, you cease their profit-making pipelines, so that when you go for the actual problem, the defenders have less reason to defend (and thus, less incentive to throw more money into the defense). Theres a big difference in defending something that brings in 100k/yr, versus something that’s been DMCA’d everywhere relevant, and can’t be sold (is there any reason left to continue defending, unless you expect to win & get sales rights back?)

For any weaker party, targetting the problem itself is too expensive to start with, especially if the defendant is the only one currently making money off the product (the accuser only has external funds to work with, no matter how valuable the product is/was, while the defender has both product value and external funds; DMCA can remove one of those revenue streams)

Re:We DMCA-ed our own game because it got hijacked by publisher by klodolph on Monday January 21, 2019 @05:05PM (#18964053)
> Don't ask me what the DMCA is in that metaphor :P

If you are basing your argument on a metaphor but can't explain the metaphor then maybe it's time to step back and reevaluate your argument. "Target it directly" is Hollywood advice, it's insane to use that as your only legal strategy.