Discord has shut down the Discord servers for Nintendo Switch emulators Suyu and Sudachi and permanently disabled the lead developer's account. The Verge: Suyu and Sudachi both began as forks of Yuzu, an emulator that Nintendo sued to retire from existence on March 4th. “Discord will respond to and comply with all legal and valid Digital Millennium Copyright Act requirements. In this case, a court has also issued an injunction to remove these materials, and we will comply with the court order. We have taken action in accordance with the following.” Part of a statement to The Verge from Kellyn Slone, Director of Product Communications at Discord.
According to an image shared by The Verge, Suyu and Sudachi developers received vague messages about how they were sharing content that allegedly infringed on intellectual property rights. . Meanwhile, Discord told us it follows its normal process for DMCA takedown requests — but it's unclear whether there were valid DMCA takedown requests or whether those communities were actually infringing on intellectual property rights. It's not at all obvious, and there's a good chance that Discord isn't following those steps. By kicking them out, they will come up with their own policies.
Remember, Nintendo settled with Yuzu rather than litigate in court, but that settlement did not give Nintendo any rights to Yuzu's freely copyable GPL v3 code. The developers of the Yuzu fork also claimed that they were making further changes to the code to avoid angering Nintendo. And in any case, that code wasn't hosted on his Discord.