I think it’s important to consider whether existing social media platforms can even support “free speech.” And how does society even define the term?
Regardless of that philosophical discussion, I don’t think EFF is specifically debating the free speech principles of an average person who is acting in good faith. Social media platforms that are owned by companies like Meta allow well-founded groups to flood user feeds with bad sponsored content.
We’re forgetting that Yuzu devs had Tears of the Kingdom and released a version that could run the game before it came out commercially. And to those who were behind a donation paywall too.
The team got caught with their hand in the cookie jar and had to settle the lawsuit. They had too much cash on hand to appear like innocent homebrew developers. And how silly is it to be sharing such hot warez like AAA game leaks on a crappy platform like Discord?
They served this lawsuit to Nintendo on a platter. I’ve been following the emulator scene since 1998 and have no love lost for their high-priced ninja lawyer warriors. Teams deserve donations but not based on the promise that users will get an updated emulator before games even hit store shelves. The scene has to protect itself by making good decisions that avoid further legal debacles.