Lvxferre [he/him]

The catarrhine who invented a perpetual motion machine, by dreaming at night and devouring its own dreams through the day.

  • 0 Posts
  • 398 Comments
Joined 1 year ago
cake
Cake day: January 12th, 2024

help-circle



  • In both cases you have businesses using the lack of legal representation to avoid following local laws. But that’s it; everything else is quite different.

    • Xitter - blocked after orders of the federal court, because there was a legal representative but he was explicitly removed to avoid following the court decisions.
    • Nintendo - a state customer protection organ is requesting legal representation, to address violations of customer laws. Nintendo assigned a temporary representative, to handle this specific issue.

    I don’t think Procon organs have the power to ban the sales of an imported good within their states. But even if they do, note that this would only apply to the state (in this case São Paulo). Plus Nintendo is being considerably more tactful than that braindead idiot called Musk.



  • Procon-SP is a state customer protection organ. It’s more like “São Paulo’s watchdog” than “Brazil’s watchdog”. However since the state in question is populous and has relatively high purchasing power per capita, typically megacorpos beeline towards it anyway.

    I’ll coarsely translate here the news from Procon-SP’s site. Emphasis mine in all cases, as I want to highlight something.

    Translation

    Procon-SP notified Nintendo to request changes in clauses deemed abusive, present in contracts made with Brazilian customers. The main complain involves the unilateral and unjustified cancellation of service subscriptions.

    This showed a wider problem: Nintendo lacks formal representation in Brazil. This absence hinders conflict intermediation and the conduct of customer protecting organisations.

    To handle this case, Procon-SP had to contact the headquarters of the business in USA. Only then the business named a law office in Brazil, but solely to handle the relevant clause.

    The absence of formal representation in the country is an important warning to customers. Without such legal presence, the protection predicted by the Customers’ Defence Code is limited.

    “The existence of legal representation within Brazil needs to be one of the criteria [potential customers] take into account to decide their purchases, specially so for digital services or foreign platforms”, says Álvaro Camilo (Procon-SP’s Service and Orientation director). “Without such groundwork, Procon organs cannot act in full power, given different countries have different laws”.

    This precaution applies both to abusive clauses and common problems, such as delivery delay or service failure. When the business is not registered in Brazil, often there is no way to sue it.

    In the last years, the number of purchases in international sites grew sharply in the country. However many of those platforms conduct businesses with no local judicial link.

    Even for smaller purchases, there’s a real risk: the customer gets no goods, no answer, no support. Procon-SP recommends to be extra careful, doubly so for sites handling fashion, electronics, and accessory items.

    Before purchasing something, it’s essential to verify if [a business] has CNPJ [i.e. it’s considered a legal entity in Brazil], a real address in Brazil, and support channels; those pieces of info are fundamental so Procon-SP can act in case of problems.

    Nintendo informed that’ll analyse the request from the organ, and that it’ll answer it within 20 days. Until then, Procon-SP recommends customers should report irregularities through the site www.procon.sp.gov.br.

    See the bolded parts? São Paulo’s Procon is basically telling people “Don’t buy stuff from Nintendo, it’s an irregular business in Brazil.”



  • When something similar happened in the UK, it was pretty much exclusively smaller/niche forums, run by volunteers and donations, that went offline.

    [Warning, IANAL] I am really not sure if the experience is transposable for two reasons:

    1. UK follows Saxon tribal law, while Brazil follows Roman civil law. I am not sure but I believe the former requires both sides to dig up precedents, and that puts a heavier burden on the smaller side of a legal litigation. While in the later, if you show “ackshyually in that older case the defendant was deemed guilty”, all the judge will say is “so? What is written is what matters; if the defendant violated the law or not.”.
    2. The Americas in general are notorious for sloppy law enforcement. Specially Brazil. Doubly so when both parties are random nobodies.

    So there’s still a huge room for smaller forums to survive, or even thrive. It all depends on how the STF enforces it. For example it might take into account that a team of volunteers has less liability because their ability to remove random junk from the internet is lower than some megacorpo from the middle of nowhere.

    Additionally, it might be possible the legislative screeches at the judiciary, and releases some additional law that does practically the same as that article 19, except it doesn’t leave room for the judiciary to claim it’s unconstitutional. Because, like, as I said the judiciary is a bit too powerful, but the other powers still can fight back, specially the legislative.


  • For context:

    There’s an older law called Marco Civil da Internet (roughly “internet civil framework”), from 2014. The Article 19 of that law boils down to “if a third party posts content that violates the law in an internet service, the service provider isn’t legally responsible, unless there’s a specific judicial order telling it to remove it.”

    So. The new law gets rid of that article, claiming it’s unconstitutional. In effect, this means service providers (mostly social media) need to proactively remove illegal content, even without judicial order.

    I kind of like the direction this is going, but it raises three concerns:

    1. False positives becoming more common.
    2. The burden will be considerably bigger for smaller platforms than bigger ones.
    3. It gives the STF yet another tool for vendetta. The judiciary is already a bit too strong in comparison with the other two powers, and this decision only feeds the beast further.

    On a lighter side, regardless of #2, I predict a lower impact in the Fediverse than in centralised social media.



  • It’s mostly fluff kept for sentimental value. Worst case scenario (complete data loss) would be annoying, but I can deal with it.

    That’s one of the two things the 3-2-1 rule of thumb doesn’t address - depending on the value of the data, you need more backups, or the backup might be overkill. (The other is what you’re talking with smeg about, the reliability of each storage device in question.)

    I do have an internal hard disk drive (coincidentally 2TB)*; theoretically I could store a third copy of the backup there, it’s just ~15GiB of data anyway. However:

    • HDDs tend to be a bit less reliable than flash memory. Specially given the stick and SSD are relatively new, but the HDD is a bit older
    • since the stick is powered ~once a month (as I check if the backup needs to be updated), and I do a diff of the most important bits of the data, bit rot is not an issue
    • those sticks tend to fail more from usage than from old age.
    • Any failure affecting my computer as a while would affect both the HDD and the SSD, so the odds of dependent failure are not negligible.
    • I tend to accumulate a lot of junk in my HDD (like 490GiB of anime and shit like this), since I use it for my home LAN

    That makes the benefit of a potential new backup in the HDD fairly low, in comparison with the bother (i.e. labour and opportunity cost) of keeping yet another backup.

    *I don’t recall how much I paid for it, but checking local hardware sites a new one would be 475 reals. Or roughly 75 euros… meh, if buying a new HDD might as well use it to increase my LAN.








  • I remember being completely entranced by it and being unable to put it down (even though it was very difficult for me at the time).

    That’s something I find great on so many old games: they were hard, and yet they encouraged you to keep on trying.

    found it [DKC2] to difficult and didn’t really like the new protagonist as much

    Playing with Dixie is easier, so perhaps both things are related.


  • Donkey Kong Country was my favourite childhood game series.

    The first game was a blast: fun gameplay, full of secrets and things to collect, good music, gorgeous graphics even for 2025 standards, the difficulty was just right. (A bit too hard for me back then, too easy nowadays.)

    I remember when DKC3 was released in '98, I’d go to the cartridge rental shop once a week to ask the guy if they had it already. (He was extremely patient with me. That guy was a bro.) Once I finally got to play it, it didn’t disappoint me at all, I loved those puzzles and it was amazing to explore the map freely. Kiddy was a bit odd, but really fun to play with, and I loved how Dixie throwing Kiddy had different mechanics than Kiddy throwing Dixie.

    But by far my favourite was DKC2. Everything was perfect - they picked the formula from DKC1 and expanded it: more collectibles! Better music! Better looks! The bonuses now aren’t just “find all bonuses in the level for +1%”, now you got something to find in them! I can literally play the first level of that game with a blindfold, it’s itched in my brain. (Fuck Bramble Blast, though. I had a hard time finding one bonus and the DK coin there. And by then my English was a bit too awful to get what Cranky said.)

    Then… well, DK64. It killed the series for me. I didn’t get why it wasn’t fun, but nowadays I see what happened - early 3D games had clunky controls and camera, plus the whole “gotta remake the whole thing five times to get to 100%” was meh.