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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

#631

Post by GabrielTFS »

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.

It doesn't change much legally to my knowledge, given that Sony v. Connectix was about a commercial, for-profit emulator (literally sold in stores) that directly competed with a console being commercialized at the same time (the PlayStation) and Sony lost in that case, with the 9th Circuit declaring it was fair competition and legal for Connectix to emulate PlayStation games.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#632

Post by widowlark »

carlosrg wrote: post #556
Lammy wrote: post #94

Speculating here but it feels like part of Nintendo's beef is the popularity of PC form factors that look like a Nintendo Switch. Most notably the Steam Deck but there are loads of them. In 2022 Nintendo starting taking down Youtube videos showing Steam Decks running Switch games: https://www.resetera.com/threads/nintendo-started-blocking-v... And last year went after Dolphin (GCN/Wii emulator) as soon as they announ…

>In 2022 Nintendo starting taking down Youtube videos showing Steam Decks running Switch games: https://www.resetera.com/threads/nintendo-started-blocking-v ... What are they supposed to do? Leave videos about piracy of their own IP untouched? It baffles me how people believe they have a fundamental right to pirate Nintendo software without consequences.

I play my switch games on my PC completely legally. All the games I play are owned by me, and all of them were backed up using my own switch and my own prod.keys.

Is that piracy?

Re: Nintendo is suing the creators of Switch emulator Yuzu

#633

Post by ThrowawayTestr »

aurareturn wrote: post #590
kuschku wrote: post #545

Earlier quoted context omitted.

I own switch games. I do not want to play them at 15fps at a 600p resolution if I can play them at 60fps at 4K. Why should I not be able to emulate them?

Because people are not paying for pirated games?

Why is that my concern?

Re: Nintendo is suing the creators of Switch emulator Yuzu

#634

Post by freedomben »

johnnyanmac wrote: post #489
superb_dev wrote: post #482

Earlier quoted context omitted.

I think in this thread we’re talking about the Steamdeck being open, not Steam itself. You can run anything on a Steamdeck, it’s just running Arch

The hardware argument makes even less sense though. People in these circles complain so much about native performance, why would they want to install Linux on a Nintendo Switch like the PS3 days? Even if they could, it wouldn't let them play switch games better. It doesn't solve the clear problem here that is the super technically minded people wanting to play Mario and Zelda in 4k/60.

I was talking about the Steam Deck. When the original is the Switch, the Steam Deck is the most logical comparison. "Steam" is just an app running on top of the Steam Deck, and that app isn't even privileged on the system. The user could remove it if they wanted to.

"Open" doesn't mean "open source" although in the case of the Steam Deck, it is both (not including the Steam application, but as I mentioned you can use the Steam Deck for whatever you want including removing the Steam application, so it's not a requirement or a blocker. I know someone who installed their own Bazzite flavor that has Steam removed and only uses Lutris to install GOG games).

Also Steam Store's requirements are only for games listed in their store. As has been mentioned, this is not a requirement for running on the Steam Deck. This is in sharp contrast to Nintendo.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#635

Post by crtasm »

jamiek88 wrote: post #629
shzhdbi09gv8ioi wrote: post #532

Earlier quoted context omitted.

You make it sound harder than it has to be. Just put your VPN on autostart and be done with it. Also, there are other git hosting providers out there.

‘Just’ and never ever ever ever forget. Easy. Just like it was for Ross Ulbricht!

Well obviously you need to not use the same usernames/emails with your other identities. What does that have to do with IP addresses?

Re: Nintendo is suing the creators of Switch emulator Yuzu

#636

Post by jonny_eh »

everdrive wrote: post #553
jonny_eh wrote: post #295

Earlier quoted context omitted.

That flies in the face of what Valve did TO Dolphin. It was Valve that proactively reached out to Nintendo before putting Dolphin in Steam. Of course Nintendo responded "please don't", so Dolphin got blocked.

This case isn't just about emulation; the Dolphin devs hard-coded the firmware into the emulator, which is why Nintendo had any standing. See: https://www.youtube.com/watch?v=W5bfpS-WYUA

Not the firmware, but the decryption key.

https://news.ycombinator.com/item?id=36091273

Re: Nintendo is suing the creators of Switch emulator Yuzu

#637

Post by freedomben »

johnnyanmac wrote: post #468
BlueTemplar wrote: post #422

Earlier quoted context omitted.

Not sure why you mention Windows considering how Steam Deck comes with Arch Linux out of the box, and Yuzu runs natively on Linux too ?

Steam =/= steam deck. And even then it's not really playing native Linux games if you argue Linux. Its just emulating (in layman's terms, I know what WINE stands for) where most devs actually make their games for. Microsoft doesn't seem to care (or it's legally dangerous to care). Nintendo does.

What's happening under the hood (Windows translations layer, etc) doesn't really matter for this comparison of Switch to Steam Deck. It only matters what the user is allowed to do/run on the thing. On Nintendo where it's closed, the user is prevented. On Steam Deck where it's open, the user is not.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#638

Post by GabrielTFS »

itsoktocry wrote: post #547
teeray wrote: post #74

Earlier quoted context omitted.

I really wish our system had some kind of financial handicap when it came to access to the legal system. Weaponizing the legal system to bankrupt people that would be found Not Guilty shouldn't be possible.

> Weaponizing the legal system to bankrupt people that would be found Not Guilty shouldn't be possible. They could open source and distribute the code in a decentralized manner. People could download, use and work on the software freely. The Pirate Bay is still going, based on these principles. But if you're going to run a commercial enterprise based on what can at least be construed as enabling piracy, you're playin…

Yuzu is open source though ?? I don't get what you're saying. I should also add the previous commercial (as in, sold in shelves) emulators competing with current-gen consoles have been previously declared legal and fair competition (see e.g. Sony v. Connectix, with Connectix emulating the PlayStation)

Re: Nintendo is suing the creators of Switch emulator Yuzu

#639

Post by GabrielTFS »

nodja wrote: post #202
johnny99k wrote: post #15

Earlier quoted context omitted.

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.

> The goal will be to run them out of money. They're already making $30k/month on patreon and you can easily foresee that this legal action will cause a call to arms for even greater funding, if that was indeed their goal they could have targeted the much smaller ryujinx and set a precedent.

Nintendo might try to get an injunction to stop the Patreon (or just DMCA Patreon) to prevent them from getting funds...

Re: Nintendo is suing the creators of Switch emulator Yuzu

#640

Post by GabrielTFS »

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…

Legally it doesn't really matter at all whether or not the console is currently commercialized, at least from precedents like Sony v. Connectix (Connectix was selling a commercial (literally in shelves) emulator directly competing with the PlayStation while it was being commercialized and won the lawsuit Sony filed against them)
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