DMCA is useless against spring since it's hosted in Europe.
Yeah, they'd use
this, instead
Or they'd just initiate normal copyright-infringement proceedings.
Lastly... this
isn't like a torrent, people, it's a direct line to a binary.
I dunno why I've had to say this three times, but these things
are not legally equivalent.
One is like saying, "if you speak this magic word into a room, various people will be willing to hand you words from Shakespeare's plays, which, if you have the magic word, you can assemble into a play".
The other's like walking up to somebody and asking for the play, and they hand it to you- entire.
Get it? Not equivalent.
Not even Sweden thinks the second case is all right, and most of Europe agrees with the USA that the first case is just a distributed form of illegality.
Spring, the project, isn't safe distributing OTA stuff. Period. The file-hosts are another matter, because the incentive on the part of Infogrames to go after them is just about zero.
They'd just get bad press, but they wouldn't shut down Spring, and kids would just start torrenting the *As if they bothered anyhow. It's like using your pinky to reverse the Niagra.
Killing Spring would take one good lawyer about one man-day.
I talked to a friend of mine, who works at a law firm (same lady I talked to about copyright stuff), and she said it'd take an hour to send the C&D and takedown notice, 5 hours to prepare to go to court, an hour to get a preliminary injunction to shut down distribution until a trial, and an hour, 9 months to a year later, to drop the charges, because the project would be effectively dead by then. It'd be really, really, really easy.
So, if they're going to ever attack us... it'll be through the engine. It's easy and cheap. Removing the OTA content means it's neither easy nor cheap, because then we'd have evidence that we were acting in good faith, and they couldn't show that the offensive act was still occurring, etc.... and it would be done before they said, "boo", which is very important, if it ever happens.