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Nintendo is suing the creators of Switch emulator Yuzu

overkill.wtf

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Re: Nintendo is suing the creators of Switch emulator Yuzu

#381

Post by kimixa »

themoonisachees wrote: post #361
deelowe wrote: post #336

Earlier quoted context omitted.

My understanding is that it actually is (or at least probably is) illegal to create and play your own backups...

Depends on jurisdiction. In France and germany, it is totally legal, you are even allowed to acquire a backup through the internet if you so choose.

That's all well and good if true, but Patreon is based in the USA, so even if the people behind it aren't (which they presumably are, as the stated "Tropic Haze LLC" is also USA-based), they have to comply with the laws in that jurisdiction.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#382

Post by crtasm »

robbiet480 wrote: post #3

I knew that Patreon would bite them some day. Any time money comes into a "offensive" open source project, whoever feels they are getting hurt can make a claim a lot easier. Somewhat surprised they haven't yet sued Ryujinx (the other Switch emulator project) for also having a Patreon.

Patreon about page begins:

>yuzu is a Nintendo Switch emulator capable of running many games! With yuzu, you can play such games as Pokémon Sword & Shield, Xenoblade Chronicles 3, Super Mario Odyssey, Mario Kart 8 Deluxe, Pokémon Legends: Arceus, Fire Emblem:Three Houses, and Super Smash Bros. Ultimate — on your PC.

Regardless of the legal status of an emulator, I wouldn't list game titles if I were writing that copy.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#383

Post by NamTaf »

Liquix wrote: post #379
ApolloFortyNine wrote: post #359

When the game isn't be sold any more, along with the console, emulation makes sense. But the switch emulation for at least 2 years now has been more than good enough to run games of a current gen system, and you're absolutely kidding yourself if you think any meaningful percentage own the game. The emulator also requires Nintendo data they're not actually allowed to ship (there's a number of resources to download it…

> and you're absolutely kidding yourself if you think any meaningful percentage own the game. respectfully disagree. nintendo has fought hard to capture the casual/normie demographic and they have consistently sold more switches than M$ has sold xbox ones every month since launch. switch emulation is alive and well but doesn't jeopardize their position as the non-techie's console of choice. therefore they have taken…

The GP meant that they postulate a meaningful percentage within the scope of people who emulate don’t own the game they emulate.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#384

Post by Cloudef »

Ah yes, the same company that sued individual to pay portition of his salary to the company rest of his life. The same company that sends spies to spy on jailbreakers/hackers, watching their daily life.

Search for Gary Bowser and Nintendo ninjas (leaked documents) if you are unfamiliar

Re: Nintendo is suing the creators of Switch emulator Yuzu

#385

Post by devit »

enriquec wrote: post #317
devit wrote: post #298

Earlier quoted context omitted.

- Nintendo Switch hardware only runs Nintendo Switch OS -> Nintendo monopoly on Switch OSes - Nintendo Switch OS only runs on Nintendo Switch hardware -> Nintendo monopoly on Switch OS hardware - Nintendo Switch hardware and OS only run officially licensed Nintendo game -> Nintendo monopoly on games for Nintendo Switch and OS games - Nintendo Switch games only run on Nintendo Switch -> Nintendo monopoly on hardware t…

you don't know what a monopoly is

Monopoly = you can get a given thing or something equivalent to it only from one producer

Re: Nintendo is suing the creators of Switch emulator Yuzu

#386

Post by Root_Denied »

tombert wrote: post #146

Yuzu is open source isn’t it? Nintendo can’t be completely incompetent here; if they get Yuzu shut down someone will inevitably fork it, and they have to know this. Presumably this is a play to try and establish precedent. They know that this lawsuit means nothing in itself, even if they win, but it can then be used to go after Retroarch or Higan or Mupen64 or Dolphin. This is bad.

It's worse than bad, Nintendo's argument seems to boil down to "decryption = circumvention", even if you have a legit keys.prod file from your own system. The full text goes into detail about how Nintendo thinks that using a decrypted keys.prod file is circumventing their DRM.

There's so many second and third order consequences from a legal precedent for that it boggles the mind, and I'd hope that any judge that understood that should dismiss this lawsuit with prejudice. My fear is that it goes the other way and an injunction is successfully put in place against Yuzu.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#387

Post by judge2020 »

rightbyte wrote: post #223
judge2020 wrote: post #206

Earlier quoted context omitted.

Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor; you can be making money to fund an operation without doing so for profit. And even then, courts haven’t been too concerned with that aspect when other aspects are clearly met.

You need some sort of legal entity to receive the money, with ties to some real persons. It makes some corp. going after you so much easier, compared to trying to get to 'rightbyte' or 'judge2020' for doing git commits.

Not the best idea to try to get around lawsuits by simply staying anonymous. Nintendo can sue GitHub and you as a John Doe to compel GitHub to give up all info it has on you, like IP address access logs (which can then be used to compel your ISP to hand over their records on you).

Re: Nintendo is suing the creators of Switch emulator Yuzu

#388

Post by Root_Denied »

monocasa wrote: post #155
boolemancer wrote: post #47

Earlier quoted context omitted.

> [4] "On information and belief, Yuzu users have (1) dumped Nintendo games they have lawfully purchased and copied the game ROMs into Yuzu; and (2) obtained Nintendo games online from pirate websites and copied those game ROMs into Yuzu. Each such reproduction constitutes a violation of 17 U.S.C. § 501(a) for which Plaintiff is entitled to damages under 17 U.S.C. § 504 and injunctive relief under § 502" How on earth…

Because "trafficking in a circumvention device" has it's own special carveout in the DMCA.

That's a pretty broad definition of "device" Nintendo is using there.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#389

Post by Klonoar »

catwoe wrote: post #219
tombert wrote: post #146

Yuzu is open source isn’t it? Nintendo can’t be completely incompetent here; if they get Yuzu shut down someone will inevitably fork it, and they have to know this. Presumably this is a play to try and establish precedent. They know that this lawsuit means nothing in itself, even if they win, but it can then be used to go after Retroarch or Higan or Mupen64 or Dolphin. This is bad.

I honestly cannot wrap my head around the need for an LLC. It's an open source project, why would you need a company?

If you’re accepting money somewhere, an LLC has potential advantages. It’s not an outlandish idea at all.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#390

Post by emeril »

andy_ppp wrote: post #154
jsheard wrote: post #104

Earlier quoted context omitted.

Amusingly Valve themselves released an official trailer for the Steam Deck which showed Yuzu installed on the homescreen. It was quickly taken down and re-posted without any references to Yuzu, probably after a panicked email from legal. https://www.pcgamer.com/valve-edits-steam-deck-trailer-to-re...

I can play Switch games on Steam Deck!?

gotta love the streisand effect!
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