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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

#601

Post by NlightNFotis »

Moldoteck wrote: post #587
aurareturn wrote: post #505

Earlier quoted context omitted.

Disagreed. I'm guessing that 99.99% of Switch emulator users do not own the cartridges. They're stealing, which is not only morally wrong, but legally wrong. Nintendo has the right to protect their IP and they have the right to make money. Furthermore, I disagree in general that it's morally and legally correct to emulate something you purchased.

piracy is not stealing. the potential profit that they could have had is just potential, not actual, so you don't steal money. You also do not steal the game since the game is still owned by nintendo/others. Please don't accuse users of doing something they don't do. Also, this lawsuit is not against users, it's against an emulator creator, they didn't still nor pirate the nintendo content (it can be debatable if the…

Piracy *is* stealing.

Sure, you may not have taken away money from Nintendo’s bank account by coercion/force/whatever, but the company and its employees have partaken into an effort to produce something of obvious value to you, for which they are asking for compensation for you to be able to enjoy, and you’re choosing to skirt this understanding so that you can enjoy their work without compensating them for it.

Yeah, you didn’t steal money - you stole their work.

Understand that you’re not entitled to other people’s work, regardless of what they’re asking for it. If you don’t enjoy their stipulations for it, like the hardware they limit their software to run, you’re free to not transact, not steal the work.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#602

Post by ryzvonusef »

papichulo2023 wrote: post #578
ryzvonusef wrote: post #471

Nothing Nintendo can do can shut the emulation genie... because China. A lot of Chinese sff pc/handheld producers (GPD/Minisforum/Ayaneo/Beelink etc)[1] are now creating device with the explicit understanding that these devices will be used for emulation, and are creating devices as such. even if Yuzu is banned...Chinese will take over, and nothing any american/japanese game manufacturers can do to stop it. ---- [1]…

I dont think any of these manufacturers develop nor support any emulator.

Obviously they don't; for one, if someone else is doing it, why bother, and secondly, why link yourself with the effort.

But if they are spending money on creating and selling the hardware, there is no way they won't continue with the software, even if they have to do it secretly.

Not that they will have to, some enterprising Chinese software geek will take up the mantle, the genie is out of the box and Chinese gamers are NOT going to pony up to pay the Nintendo tax, and good luck trying to enforce foreign copyright in China.

Because they know what their devices are used for, here is the video on GPD's own YouTube channel showing off yuzu, mentions it by name in the title:

https://www.youtube.com/watch?v=nhZIz6C23ew

Re: Nintendo is suing the creators of Switch emulator Yuzu

#603

Post by ryzvonusef »

trollied wrote: post #548
ryzvonusef wrote: post #471

Nothing Nintendo can do can shut the emulation genie... because China. A lot of Chinese sff pc/handheld producers (GPD/Minisforum/Ayaneo/Beelink etc)[1] are now creating device with the explicit understanding that these devices will be used for emulation, and are creating devices as such. even if Yuzu is banned...Chinese will take over, and nothing any american/japanese game manufacturers can do to stop it. ---- [1]…

They're crapping themselves because somebody has just released [1] a cartridge that lets you run "backups" stored on a SD card on an actual physical switch. Each cart has a unique key though, so I imagine Nintendo will go on a big banning spree. [1] https://migswitch.com/

True, but not sure you will be using Yuzu for that, seems slightly unrelated to the Yuzu witch hunt.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#604

Post by bdhcuidbebe »

NlightNFotis wrote: post #601
Moldoteck wrote: post #587

Earlier quoted context omitted.

piracy is not stealing. the potential profit that they could have had is just potential, not actual, so you don't steal money. You also do not steal the game since the game is still owned by nintendo/others. Please don't accuse users of doing something they don't do. Also, this lawsuit is not against users, it's against an emulator creator, they didn't still nor pirate the nintendo content (it can be debatable if the…

Piracy *is* stealing. Sure, you may not have taken away money from Nintendo’s bank account by coercion/force/whatever, but the company and its employees have partaken into an effort to produce something of obvious value to you, for which they are asking for compensation for you to be able to enjoy, and you’re choosing to skirt this understanding so that you can enjoy their work without compensating them for it. Yeah,…

No, piracy is piracy, thats why we use that specific word.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#605

Post by bdhcuidbebe »

tuetuopay wrote: post #240
ender341341 wrote: post #31

Earlier quoted context omitted.

ROM sites are different in that they are distributing the copywrited media The only 'emulator' cases I've seen be successful are due to the same, they didn't get in trouble for the emulator, they got in trouble for distributing ROMs. I wonder if there's some firmware code being distributed here? that's a common annoyance when it comes to using an emulator.

AFAIK yuzu requires you provide your own firmware dump, so no redistribution happening

not true, just grab a copy of firmware files online and be gtg.

its just yuzus docs thats written in such a way, most likely to avoid nintendo suing them…

Re: Nintendo is suing the creators of Switch emulator Yuzu

#606

Post by [deleted] »

datbn wrote: post #544
justinclift wrote: post #455

Earlier quoted context omitted.

Are you saying console emulation is only used for breaking the law?

The DMCA says it's illegal to bypass DRM schemes based on encryption. Yuzu needs to do that to function. Therefore, Yuzu breaks the DMCA. But, we'll see what the judge says.

[deleted]

Re: Nintendo is suing the creators of Switch emulator Yuzu

#607

Post by justinclift »

datbn wrote: post #544
justinclift wrote: post #455

Earlier quoted context omitted.

Are you saying console emulation is only used for breaking the law?

The DMCA says it's illegal to bypass DRM schemes based on encryption. Yuzu needs to do that to function. Therefore, Yuzu breaks the DMCA. But, we'll see what the judge says.

Meanwhile, fair use is also a thing. I'm not real clear on where that illegality of bypassing DRM schemes fits in with that, and also how it fits in with other laws and exceptions.

So yeah, it'll be interesting to see what the judge says. :)

Re: Nintendo is suing the creators of Switch emulator Yuzu

#608

Post by nickthegreek »

threeseed wrote: post #187
deelowe wrote: post #161

Earlier quoted context omitted.

Hrmm. Can you explain further? What sort of inaction would make them legally liable?

If you are aware of illegal activity being committed, have preventative measures available to you and choose not to use them then you're complicit. Similar to the approach that have been used in various jurisdictions against torrent sites.

You realize most of grew up in the age of VHS and mp3 players right?

Re: Nintendo is suing the creators of Switch emulator Yuzu

#609

Post by 0xcde4c3db »

bitwize wrote: post #126
Springtime wrote: post #14

> 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.

It's called contributory copyright infringement. The Supreme Court only ruled that the VCR was legal based on a very narrow use case: if a television broadcast aired once and only once, never to be seen again, and the user could not see it as scheduled, they were legally entitled to use a device to record the broadcast and watch it at a later time -- once, after which they would presumably have to destroy the recordi…

> people who want to develop for Switch can get a development license from Nintendo

Licensed development only allows publishing Nintendo-approved games through Nintendo-licensed publishers who sell into Nintendo-approved channels, which the vast majority of stuff in the homebrew scene wouldn't qualify for.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#610

Post by PH95VuimJjqBqy »

hellotomyrars wrote: post #501
BlueTemplar wrote: post #440

Earlier quoted context omitted.

Is Nintendo even making money on the Switches themselves ?

Nintendo is famous for not selling their hardware at a loss unlike other console manufacturers. The only systems known to be sold at a loss were the 3DS (after price cuts) and the Wii U. This is part of why the hardware is underpowered compared to contemporaries.

> This is part of why the hardware is underpowered compared to contemporaries.

The other part being that they decided years ago not to try and compete with MS/Sony and instead make great games. Switch is not an entertainment center it's a gaming console.

And the strategy is absolutely working and has been since the Wii days.

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