Can't say I'm shocked. Nintendo's lawyers are notoriously litigous.
I think lawyers in general are very often, yes, litigious. Perhaps you meant to say their employer and/or client, Nintendo, is notoriously litigious.
Nintendo is suing the creators of Switch emulator Yuzu
21–30 of 709 posts
Re: Nintendo is suing the creators of Switch emulator Yuzu
#22[dead]
Re: Nintendo is suing the creators of Switch emulator Yuzu
#23[flagged]
> Does Nintendo benefit that much from the sales of the Switch hardware?
How many businesses does Sony have for income? Mountains. They could lose PlayStation and it would only be a dent.
How many businesses does Microsoft have for income? Well, they could literally lose Xbox, and it wouldn't even be a dent.
How many businesses does Nintendo have for income? One. And if they lose it, they're done. I think it completely understandable they would be far more defensive considering that gaming is a corporate life and death matter; unlike the competition.
Re: Nintendo is suing the creators of Switch emulator Yuzu
#24This is a pretty big case to watch. Are there any cases of emulators being sued successfully? A user being able to provide keys and a rom from which they could own or be homebrew doesn't seem to violate copyright to me. edit: seems the consensus is once via legal fund attrition, but the case went to the emulator authors in the end.
bleem! (PlayStation emulator) was sued by Sony and was forced to close down because of legal fees, so I guess that counts as a success for Sony. I seem to recall a bunch of ROM sites disappearing as well, but not sure if that's because they got sued or for other reasons. Some must have been sued and consequently shut down, so maybe not a bad idea (for the companies) to at least try?
ROM sites are actually illegally distributing copyrighted content.
Emulators are usually not stolen and are just reverse engineered.
Re: Nintendo is suing the creators of Switch emulator Yuzu
#25This is a pretty big case to watch. Are there any cases of emulators being sued successfully? A user being able to provide keys and a rom from which they could own or be homebrew doesn't seem to violate copyright to me. edit: seems the consensus is once via legal fund attrition, but the case went to the emulator authors in the end.
bleem! (PlayStation emulator) was sued by Sony and was forced to close down because of legal fees, so I guess that counts as a success for Sony. I seem to recall a bunch of ROM sites disappearing as well, but not sure if that's because they got sued or for other reasons. Some must have been sued and consequently shut down, so maybe not a bad idea (for the companies) to at least try?
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Re: Nintendo is suing the creators of Switch emulator Yuzu
#26> The legal document claims that over a million copies of last year's The Legend of Zelda: Tears of the Kingdom were downloaded prior to the game's official retail release. As a result, the company is now seeking damages and is demanding that the Yuzu emulator is shut down. Quite the leap from existing as an emulator to inexplicably being held liable for some independent leak.
Not necessarily. It's fairly easy to prove that if the emulator did not exist, the leak would be fairly inconsequential; and considering how easy it is to show the percentage of pirating users versus legitimate users (probably 95%+), it's not a good look. There's also the issue that, unlike prior emulators, Yuzu risks running afoul of DMCA anti-trafficking provisions for circumvention devices and software that uses c…
> Not necessarily. It's fairly easy to prove that if the emulator did not exist, the leak would be fairly inconsequential…
Well, no. Pirated Switch games can be played on a hacked Switch or a flashcart with no emulation necessary. Common sense suggests emulation would be significantly more common, but can Nintendo prove that in court, or prove that the leak wouldn’t have happened without Yuzu’s existence?
Re: Nintendo is suing the creators of Switch emulator Yuzu
#27This is a pretty big case to watch. Are there any cases of emulators being sued successfully? A user being able to provide keys and a rom from which they could own or be homebrew doesn't seem to violate copyright to me. edit: seems the consensus is once via legal fund attrition, but the case went to the emulator authors in the end.
Sony vs. Bleem! in 2001. Sony lost, but the cost still shut down the project.
Yep, Sony "lost," but they still killed Bleem and forced the creator into an agreement to, among other things, not make any more Playstation emulators. So really, Sony 100% won.
Bleem was a big deal, too. It let you just pop a Playstation game into a PC's CD-ROM drive and play it. When Sony finally nailed the coffin on them, they were working on a followup called "bleemcast" that would've let Playstation games be played on the Sega Dreamcast.
Re: Nintendo is suing the creators of Switch emulator Yuzu
#28Looking over the legal document, realistically, their arguments are so damaging from a software perspective that they should lose. IANAL, but from skimming the legal document: The two major notions are that Yuzu violates Nintendo's copyright [1] by allowing people to play unauthorized copies [2]. In order to do so it allows for bypassing Nintendo's encryption (by taking in the keys, it does not embed the keys in the…
"On information and belief" - legalese for "we have no evidence".
Actually legalese for "by secondhand knowledge" so not "no evidence" but "no direct evidence"
Re: Nintendo is suing the creators of Switch emulator Yuzu
#29> The legal document claims that over a million copies of last year's The Legend of Zelda: Tears of the Kingdom were downloaded prior to the game's official retail release. As a result, the company is now seeking damages and is demanding that the Yuzu emulator is shut down. Quite the leap from existing as an emulator to inexplicably being held liable for some independent leak.
Not necessarily. It's fairly easy to prove that if the emulator did not exist, the leak would be fairly inconsequential; and considering how easy it is to show the percentage of pirating users versus legitimate users (probably 95%+), it's not a good look. There's also the issue that, unlike prior emulators, Yuzu risks running afoul of DMCA anti-trafficking provisions for circumvention devices and software that uses c…
I'd say most piracy is people with an actual console that they have modded to load pirated games.
Re: Nintendo is suing the creators of Switch emulator Yuzu
#30Earlier quoted context omitted.
Not necessarily. It's fairly easy to prove that if the emulator did not exist, the leak would be fairly inconsequential; and considering how easy it is to show the percentage of pirating users versus legitimate users (probably 95%+), it's not a good look. There's also the issue that, unlike prior emulators, Yuzu risks running afoul of DMCA anti-trafficking provisions for circumvention devices and software that uses c…
> Not necessarily. It's fairly easy to prove that if the emulator did not exist, the leak would be fairly inconsequential… Well, no. Pirated Switch games can be played on a hacked Switch or a flashcart with no emulation necessary. Common sense suggests emulation would be significantly more common, but can Nintendo prove that in court, or prove that the leak wouldn’t have happened without Yuzu’s existence?
Nintendo can't prove the leak wouldn't have happened without Yuzu. But they don't have to. They can simply show that Yuzu made it infinitely worse. Also, suing Yuzu does not preclude suing emulator makers or flashcart makers - they can all be sued as they all have culpability.