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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

#401
post #356

Earlier quoted context omitted.

And that is the illegal part, rather than the development of the emulator...

Clearly not according to Nintendo

The moment they find a BIOS source they'll be taken out too. But the internet is a game of cat and mouse.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#402
post #32

Earlier quoted context omitted.

I think lawyers in general are very often, yes, litigious. Perhaps you meant to say their employer and/or client, Nintendo, is notoriously litigious.

Its not the lawyers but those who pay for them to do what is asked.

Correct, that was the point I was making

Re: Nintendo is suing the creators of Switch emulator Yuzu

#403
post #390

Earlier quoted context omitted.

I can play Switch games on Steam Deck!?

gotta love the streisand effect!

I don't think Nintendo cares about bringing short term awareness. They want to choke out the emulator team and more or less freeze development.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#404

Earlier quoted context omitted.

Afaik you need to own a modded Switch to get the necessary keys, though. That’s a big outlay, if you can even find one - they’re rare as hens teeth. Edit: Awesome - great to know!

Yes, if you want to do it legally.

As a owner of previous modded Nintendo consoles - they certainly don’t share your view

Re: Nintendo is suing the creators of Switch emulator Yuzu

#405

Earlier quoted context omitted.

So, a website fits that definition. Sounds like browsers should be sued.

>So, a website fits that definition What DRM is a browser bypassing? As if you control some that is being bypassed by a browser, you're free to sue.

Have you seen user agent strings?

Every browser pretends to be all the browsers before it to get around restrictions on who can see/render content.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#406

Earlier quoted context omitted.

I think MyFedora is suggesting that even if Yuzu's primary usecase is piracy, that's because it's so difficult to use Yuzu in the legit manner (due to Nintendo's DRM on the console/game you own).

I feel like it would be a lot more straightforward if people just came out and said that they think piracy should be legal. Currently we have this weird mealy-mouthed roundabout discussions where people act ever so outraged at the idea that a tool or site is primarily used for piracy when anyone who's not hopelessly naïve recognizes that that's in fact what they're used for. At best we get comments like yours that ar…

> I feel like it would be a lot more straightforward if people just came out and said that they think piracy should be legal.

I don't think Yuzu advocates are actually advocating piracy.

I think they think an illegal use of a tool should not mean the tool is banned.

"Emulators don't pirate games, pirates do."

I think our echo chamber will surface views amenable to this viewpoint. Emulation news is quite literally hacker news.

But we deceive ourselves with such a bubble, when the outside world doesn't lean our way. Downplaying piracy usage doesn't do us any favours when trying to build an accurate model.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#407

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…

There's a concept of "contributory" infringement: while you're not personally infringing the copyright, you know about the infringement and you're helping it, encouraging it, and so on. This is what the studios sued Sony under for the Betamax. Of course, they lost, and that precedent is helpful for Yuzu, though not a total slam dunk: what they wrote on their website in terms of marketing and instructions and so on co…

Sony Music also sued Cox (and won) on willful contributory infringement because they were aware specific users were repeatedly sharing copyrighted material and still continued offering service to those users.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#408
post #383
post #379

Earlier quoted context omitted.

> 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.

and the implied assumption is that all those who did use the emulator without buying would've bought them.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#409

The only comment of someone saying they had used Yuzu for piracy has been flagged, and is no longer visible. This might HN readers a skewed perspective on how much Yuzu is used for piracy. I have many acquaintances/friends in different circles, with the means to pay, who use Yuzu for piracy. There are dedicated forums of people who coordinate on how to do this. Emulation is great as a means to study or play backups,…

Seriously it's just bizarre how obtuse HN can be when it comes to piracy.

Nobody is dumping their own games. Very few buy the switch games they emulate.

The following usual claim is "it's Nintendo's own fault for not releasing their games on PC and Android". What kind of asinine argument is that?

Then there's the "emulation isn't illegal", which is probably the only sound argument.

But that isn't the issue here. The issue is the authors are now making over 500k/yr from their emulator, whose only purpose is to pirate games that are still commercially available.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#410

Earlier quoted context omitted.

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

Perhaps that's true, but not because it would be piracy. Backing up media for personal has a pretty strong fair use claim, so I don't think it should be considered copyright infringement. But there is also the DMCA, and the anti-circumvention provision, which can be attributed a lot more to the user backing up their game than it can be to the developers of the emulator. But that wouldn't be the same thing as copyrigh…

There are (and should be) exemptions to the DMCA.

If only we had a universal way to easily distribute data, without need to heavily license it, instead opting for easily accessible licenses from reputable sources at market prices...

(we do, but torrents got a bad name)

Netflix was a success not because it was a streaming service with a license fee, but because it provided unfettered access to data for a small fee.

Of course, now there are AIs which can or will shortly be able to trivially reproduce most data formats, so that's a separate issue as far as that goes (and that's bad too, if AI spells the complete death of DMCA), but it really didn't need to be this complicated.

Make your brand well recognized, make your products easy to obtain, go after the pirates not the users. I own a switch and TBH a lot of my enthusiasm is pretty chilled by Nintendo's dickery - I'm less likely to purchase their products (and I'll elsewhere with non-Nintendo stuff - and Nintendo's stuff is honestly becoming a lot of locked down crap these days).

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