If a multi-billion dollar company tried to nail me for something that I can't see the end of, I'd likely just fold the company and walk away to do something more worth my time.
They are asking for 10 years of you companyâs back pay. You would be a fool to not atleast pursue legal advice and attempt to fight it in court. You just handed them 1,600k for nothing, while only have had made 800k in that time.
And if you couldnât plan and account for potential (very realistic) legal fees, you kinda donât deserve to be in business. Use 5k a year to get yourself a lawyer and change your process so you arenât illegal.
Did you really think that would turn this into your favour? Lmfao. The only reason to walk away, is because you were caught doing something wrong and couldnât win. So yuzu creators had no morals, and were only in it for the money? Thatâs really the point you want to make here?
They didn't necessarily hand them anything. If I get sued like I explained in my previous post for my LLC...
I only have 30k in my company's account at this point. I turn off the patreon... I walk away from the company. Nintendo would only get the 30k even though the judgement was for 2.4 billion.
And if you couldnât plan and account for potential (very realistic) legal fees, you kinda donât deserve to be in business. Use 5k a year to get yourself a lawyer and change your process so you arenât illegal.
Ahahahah. Yeah you're a moron. Thanks for confirming it. 5k a year wouldn't even be close to the cost for a legal battle against Nintendo.
Edit: You edited your post. There's PLENTY of reasons to walk away. You're just being obtuse because of some "moral" dilemma you believe exists that doesn't. If they were actively developing their software, and actively spending their money they're donated via patreon/other income streams... They might only have like 10k in the bank (or less). And walking away makes a BOATLOAD of sense at that point. Pay a lawyer 200k+ for a multiyear lawsuit and maybe not win... or lose the application (open source... haha what a "loss") and lose 10k.... It's a nonissue, it's an OBVIOUS answer.
Oh my sweet summer child, a LLC only protects you so much, look what happened to Gary Bowser, you would have to claim bankruptcy as well, your life is gone for years.
Thats called preventative lawyers, you use that BEFORE Nintendo sends their dogs, and you give them the paper work youâve already paid for and have and let them yell in courts.
And no. If your llc dies you don't have to personally claim bankruptcy. You have now said several things that are completely and utterly false. Continuing this conversation with you will never be fruitful if your going to continue to lie about basic facts.
Why do you think LLCs exist if you have to personally file for bankruptcy?
You should seriously read up on what an llc actually protects you from, because your lack of knowledge could put you in a seriously disastrous scenario you thought you were protected from.
Who the helm thinks a LLC protects them from everythingâŚ? The first term is literally LIMITEDâŚâŚ its not a full liability company lmfao.
Main relevant bit for you
In general, the tort participation theory is a legal principle that holds an owner of a company liable for the company's torts (wrongful acts). This means that even if you are not the one who committed the tort, you can be held liable as an owner of the company.
Not protected from illegal actions⌠huhâŚ. The exact scenario you just presented⌠huh⌠look at that..
Don't ever talk again on the internet until you can actually recite the differences. You are acting like an LLC is a sole proprietorship. And you're wholly wrong. Completely and utterly wrong.
There's only 2 cases where you will personally be liable in an LLC...
Piercing the Corporate Veil, you treat the LLC as your personal sole proprietorship.
Tort Participation Theory.
#2 could in "theory" be applicable here. But luckily we already know that emulators are wholesale safe under the law. You should already know this since it's been in response to your comments a few times now. DMCA clause 107. Since pulling your own keys off a device is categorically safe and even downloading the keys is safe... (Only distribution is prohibited by DMCA) Then Yuzu did nothing wrong. But since you completely missed these points I'm going to assume you didn't even read your own damn source.
But I suppose you already know this shit and are just trolling at this point. Since you can't answer a single question that anyone actually asks you. Even the most basic shit of "And what LLC was Gary bowser operating under?" BTW the next question after you answered that would have been "What were the charges that actually got him in trouble". At that point you would have realized that it had nothing to do with LLC operations, emulation, or anything nearly close to this topic. Mod chips != emulation. Nothing close to emulating a console which is completely legal per Sony Computer Entertainment America v. Bleem!
Who the helm thinks a LLC protects them from everythingâŚ? The first term is literally LIMITEDâŚâŚ its not a full liability company lmfao.
Wow... What an incredible showing of intelligence. Note that both of the above items (piercing the corporate veil and Tort participation) that can ruin your LLC ALSO HAPPEN IN "full liability company" (doesn't exist). What nonsense.
Edit: Also would like to point out the fact that you've still not answered ANY questions posed. You just throw out additional unrelated shit everytime someone shows you that you're wrong. It's tiring.
Not to mention :
Sony Computer Entertainment, Inc. v. Cyberhead (2002)
Bleem, LLC v. Sony (2001)
Bleem, LLC v. Sony Computer Entertainment America, Inc. (2000)
Sony Computer Entertainment, Inc. vs. Connectix Corporation (2000)
Sega Enterprises Ltd. v. Accolade, Inc. (1992)
Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (1992)
Atari Games Corp. v. Nintendo of America Inc. (1992)
I never said a full liability company existed, I was using that to show how stupid your asinine claim was that you canât be held liable in an LLC, I see from your last comment you atleast kind of understand it, even though you wonât admit you were wrong originally. For some strange reason⌠why are you pretending you didnât even know you could be liable as an LLC a comment agoâŚ?
Your comment
And no. If your llc dies you don't have to personally claim bankruptcy.
As explained, there is situations, despite this asinine claim. Lmfao. If you company gets taking for 2.4 bil, how do you expect to pay that if you make 80k a yearâŚ? If you think I was saying you would always be liable, well thatâs entirely on your ineptness that youâve clearly shown this entire exchange.
You canât seriously be this inept can you? LLC is this magic thing that protects you from ALL liability⌠rightâŚ. Lmfao.
For some strange reason⌠why are you pretending you didnât even know you could be liable as an LLC a comment agoâŚ?
I never made such a claim. Read the sentence. Read the context of the post. Emulation is not illegal, therefore no torte could be claimed. And short of them piercing the veil... There's no liability. Why would Yuzu devs be individually liable and need to claim bankruptcy? Answer that question before you post anything else.
If you company gets taking for 2.4 bil, how do you expect to pay that if you make 80k a year�
That's the whole point. The company doesn't. The company folds and walks away. There's no point in fighting the lawsuit if there's already nothing on the table to lose or gain. It's not like Yuzu could counter sue and make money back for all the effort they're going to not put into the emulator while going through the process.
If you think I was saying you would always be liable, well thatâs entirely on your ineptness that youâve clearly shown this entire exchange.
Nah that's because that's literally what you said. But you like going back and editing comments without making it known. I bring up how an LLC works as an idea of why folding my company would make sense. You bring up Gary Bowser like that relevant at all, with NO ties to the current conversation.
You canât seriously be this inept can you? LLC is this magic thing that protects you from ALL liability⌠rightâŚ. Lmfao.
Considering I actually have one. Am successful. Have successfully defending IRS audits and lawsuits in the past, I'm going to say that I firmly understand what an LLC is and how to use it to protect you. I've never once claimed bankruptcy and have talked to lawyers about how it all works (and don't have to retain them yearly!). I am highly suspicious that you have no fucking clue what an LLC actually is, nor can even understand how it's relevant the discussion at hand.
Let's go back and pull all the questions you refused to answer.
Why is Yuzu illegal? What part of Yuzu is any different than sony v bleem!?
Where is the proof for "The key they used to make the base engine was ripped from online"?
Where did Yuzu provide bios keys?
How did Yuzu pirate code when the repo is a completely different programming language?
How was that "stolen" code even relevant when it was regarding GUI modifications?
Where is the evidence for any of this: "The dev provided the means in discord themselves, they also had a google drive with a ripped key, they also had files on discord of roms to test their gamesc which were acquired illegally."
What about the prod.keys is illegal?
What does folding the company have to do with some implication of their actions being illegal when there's plenty of alternate possibilities for why they want to shut down rather than fight Nintendo?
Or any number of other questions you never addressed?
Shit.. I'll add one more... What the fuck does Gary Bowser have to do with this thread at all? Yuzu != Gary and they're not even doing remotely close to the same things.
I just find it funny how even after countless people repeatedly asking him to show solid proof of Yuzu illegally distributing encryption keys the best he could come up with is some random ass user on Twitter saying the same bs claims without any proof; Twitter, a platform that's totally not over 50% bot's and a totallyreputable source of information, just the peak of human intelligence over there đ.
I already said the stuff has been deleted from their servers.
How do you expect to get solid proof�
And Iâm not going to engage with an absolute moron that thinks they canât be held personally liable as the owner of an LLCâŚ.. Even after giving them proof they want to ignore it and pretend they werenât wrongâŚ. Thatâs not someone who will ever willingly admit they were wrong, so thereâs no point in engaging further.
Even if Iâm wrong, but thereâs no proof they did anything right either hereâŚ. They are still completely wrong about not ever being able to be personally liable with a LLCâŚâŚ the rest of what they said have lost all merit, defend the moron if you want. I gave them unequivocal proof they were wrong about something, they blew it off, I can do the same with this emulator BS and still wouldnât belief itâŚâŚâŚâŚ
All they have done is continually move the goalposts and ignore anything against them, so fuck me for doing the same back. Iâm not going to engage with a bunch of people blindly defending someone who didnât even try to defend the product, when others did with zero funds. Itâs hilarious, they wanted their money and to run, and you guys are defending them for doing it. AWWWHHHH
You also seem to be ignoring the big part where it says an llc or its owner can be liable for its companies actionsâŚ. Or the actions yuzu did⌠you guys are claiming he didnât do it, so itâs not wrongâŚ. Uhh⌠heâs personally responsible for anything his company he operated didâŚ.. this is the part you guys canât fucking figure out lmfao. It was also literally spelt out for you morons multiple fucking times. âIt wasnât himâ doesnât fucking matter⌠his company did itâŚ. He fucked up even if he didnât! Fucking hell lmfao, you guys have no idea how businesses operate or how they can be exposed.