235
Yuzu developers agreed to pay $2.4 million in damages to Nintendo to settle their lawsuit
(storage.courtlistener.com)
this post was submitted on 04 Mar 2024
235 points (97.2% liked)
Games
32521 readers
1120 users here now
Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.
Weekly Threads:
Rules:
-
Submissions have to be related to games
-
No bigotry or harassment, be civil
-
No excessive self-promotion
-
Stay on-topic; no memes, funny videos, giveaways, reposts, or low-effort posts
-
Mark Spoilers and NSFW
-
No linking to piracy
More information about the community rules can be found here.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Yes, if you were to argue it later in court, you would argue that technically it was a judgment to enter the stipulation and dismiss. And the court may strike the "Judgment" wording in the proposed order. But Nintendo presumably wrote it as a "Judgment" knowing the value that such a designation has.
Further, most stipulated settlements don't include substantive findings of fact, and again, Nintendo drafted that section explicitly to blur the line between a court's finding of facts and mere approved stipulated findings of fact. With this order on the books, it will be up to the next case's defendant to later argue that it wasn't equivalent to any other trial findings of fact and order.
Yes, it doesn't technically create precedent as a trial-tested findings of fact by the Court, but a competent litigation attorney would argue that it is probative of the factual issue and fudge the wording in a brief well enough to argue effectively the same.