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Over lunch today I happened upon the following article by Rafael Rivera (and here’s Rafael Rivera’s profile on on Google+).

The Rise & Fall of a Windows Phone Marketplace Scammer

Here are my takeaways:

  1. Mr. Rivera for some reason felt compelled to defend Nintendo’s intellectual property when they apparently weren’t even interested in such a minor case.
  2. The fact that Mr. Rivera was able to obtain the copyright to Mr. Hartger’s works so easily (and presumably for free) indicates that if Mr. Dudley had the same idea, he would have been immune to Mr. Rivera’s approach. (And how much “stealing” is really going on when the author gives away copyright to any old person who asks?)
  3. Does Mr. Rivera’s collusion with Mr. Hartger represent an “unholy alliance”? I mean, Hartger facilitates the “theft”* of ROM’s by distributing the emulator that Mr. Dudley allegedly stole – so how does this measurably protect Nintendo’s copyrights?

You are my hero Rafael Rivera. You defended the powerless Nintendo corporation against some hack. Now Nintendo will make millions as Windows Phone users, noting the lack of Nintendo emulator software for the device in the Windows Phone Marketplace, go out and buy Nintendo products.

Personally, I think this story only illustrates how easy it is for a sociopath on a mission to abuse DMCA takedown notices.

I’d only really heard good things about Mr. Rivera before this. Seems at the very least that he’s a statist with some serious issues determining priorities in life.

*Note: I have a hard time accepting that creating a copy of an idea or object at your own expense constitutes theft. The ROMs were not “taken” since neither Nintendo or their customers were deprived of their use.

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