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Earlier quoted context omitted.
"On information and belief" - legalese for "we have no evidence".
Actually legalese for "by secondhand knowledge" so not "no evidence" but "no direct evidence"
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So, by your own admission you stole the game and you expect Nintendo to be ok with that? I'm sympathetic to you not wanting to have a Switch just to play Nintendo games, but your moral high ground disappeared the instant you decided to not pay for a copy of TOTK.
I for one have exclusively used yuzu to play backups of games I legally purchased on a computer that can render them with higher frame-rates and quality than official switch hardware. This is my legal right, and Yuzu provided open source code to make this task easier for me. Nintendo is looking for a scapegoat here for their wasted investment in DRM technology.
This 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.
This won't matter. The goal will be to run them out of money. It's an open source project and they most likely don't have the capital to fund any sort of lengthy lawsuit.
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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 pla…
> 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.
> 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.
Can't say I'm shocked. Nintendo's lawyers are notoriously litigous.
> 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.
- they didn't prove that Yuzu contributed to piracy (and since the amount of piracy tools on the Switch itself that's far from obvious that Yuzu is a first choice)
- they didn't prove that the leak itself lead to a loss of revenue. And that's also very hard of an argument to make considering that this game was a huge commercial success.
Earlier quoted context omitted.
> 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?
> Common sense suggests emulation would be significantly more common, but can Nintendo prove that in court Nintendo is making that argument on the basis that Yuzu's Patreon income skyrocketed when TOTK leaked online. https://graphtreon.com/creator/yuzuteam It checks out, TOTK leaked on May 1st 2023 and Yuzus monthly income rose from $19k to $45k throughout May, having never broken $25k previously.
I mean, yes, they presumably turned a larger profit correlated to people going and buying it for something illegal, but it's not solely or even primarily used for that, people would be doing this without it, and they didn't have any involvement or encouragement that people do anything criminal with it.