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Seeing how determined nintendo is, I think the only long term solution would probably be to continue development on a code forge hosted as a hidden service. Either Tor or I2P.
Yes, it won’t be easy to use, especially for those who are not familiar with this tech, but I expect these to be much more harder for nintendo to take down.
Since they’re not breaking any laws, they shouldn’t be getting their code taken down anyways.
This could be grounds for a lawsuit.
Lawsuit would not be wise. Nintendo is working outside of the law right now which is where they’re weak. Suyu and the other forks just need to move their repo to a git hoster not based in the US so that they’re not threatened by DMCA (which is a scare tactic anyways but github is going to comply with regardless). The suyu team is not breaking any laws nor have they gone against the terms of the lawsuit against yuzu.
I think the lawsuit should be filed against Github.
GitHub has to comply with the DMCA. You wouldn’t have a case against them if you wanted to sue.
Literally every repo that got DMCA’d had an opportunity to fight back, and they chose to cave instead. I don’t see why repositories going down is a reflection of GitHub’s ethics.