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First beta of Nintendo Switch emulator Suyu goes live

overkill.wtf

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Re: First beta of Nintendo Switch emulator Suyu goes live

#91

Post by antiframe »

b3lvedere wrote: post #54
antiframe wrote: post #37

Earlier quoted context omitted.

Well, that would be piracy. The Suyu team condemns that behavior. Edited: condones -> condemns

Must be nice for some people to legally hide behind words. "Yes, your honor. We did build this thing that some may define as a bomb capable of destroying the entire planet, but our intention was just to build a big power source. We are very much against illegal use."

Yet, many feel that they should be permitted to take hardware the purchased and tinker with it legally. If I were to write some code that allowed me to interact with a cartridge that I bought, why shouldn't I be able to share that code with others that might also wish to tinker with their cartridges in the same manner?

If you make emulation of hardware that doesn't infringe on copyright illegal, you stamp out a lot of legal and useful tinkering.

Re: First beta of Nintendo Switch emulator Suyu goes live

#92

Post by ranger_danger »

gjsman-1000 wrote: post #66
testudovictoria wrote: post #56

Earlier quoted context omitted.

There are fair-use protections, but it costs money to defend. Part of why so many Smash tournaments folded in 2022 was because of Nintendo telling people they weren't allowed to host tourneys using their IP. Granted I'm not a lawyer, but people gathering to play a multiplayer game and then streaming the matches doesn't inherently constitute any infringement on Nintendo's rights or ability to make money. Many TOs (tou…

Not really. Fair use does not really legally exist. It exists primarily as a defense after you’ve already been sued - which is also why there is no official codification of what fair use actually is. Also, as Nintendo can argue, imagine this was a movie. Imagine it was a movie being shown on screen for two hours. That would be case closed. Now imagine it was a movie recutting competition. Again, case closed. So what…

> Fair use does not really legally exist

literally in the text of the DMCA itself

Re: First beta of Nintendo Switch emulator Suyu goes live

#93

Post by gjsman-1000 »

ranger_danger wrote: post #92
gjsman-1000 wrote: post #66

Earlier quoted context omitted.

Not really. Fair use does not really legally exist. It exists primarily as a defense after you’ve already been sued - which is also why there is no official codification of what fair use actually is. Also, as Nintendo can argue, imagine this was a movie. Imagine it was a movie being shown on screen for two hours. That would be case closed. Now imagine it was a movie recutting competition. Again, case closed. So what…

> Fair use does not really legally exist literally in the text of the DMCA itself

No, it simply clarifies that the DMCA cannot be used to say that fair use does not exist anymore, solely in a potential copyright lawsuit, but that DMCA provision does not apply in a DMCA circumvention lawsuit.

This is also why this carve-out is practically useless and also does not define guidelines for fair use.

Re: First beta of Nintendo Switch emulator Suyu goes live

#94

Post by Eiim »

bitcharmer wrote: post #80
Eiim wrote: post #17

Earlier quoted context omitted.

You can still be sued. At that point, you either: a) defend yourself as normal, while attempting to maintain anonymity (difficult & doesn't solve anything) b) let the case go to default judgement (for likely an enormous amount of money) at which point Nintendo has every reason to try to track you down in real life, and can use the courts to help them do so. Hope you were really, really thorough about your anonymity.

How do you sue someone that is anonymous?

File a lawsuit against a John/Jane Doe defendant(s) and describe who the defendants are, e.g., the people who code and maintain the emulator. Maybe a little harder than if you had the names but not by a lot.

Re: First beta of Nintendo Switch emulator Suyu goes live

#95

Post by Eiim »

Eiim wrote: post #94
bitcharmer wrote: post #80

Earlier quoted context omitted.

How do you sue someone that is anonymous?

File a lawsuit against a John/Jane Doe defendant(s) and describe who the defendants are, e.g., the people who code and maintain the emulator. Maybe a little harder than if you had the names but not by a lot.

I should say: the real difficulty is service, but if there's any way to get in contact with you, there's at least a chance it will be accepted as good service. There was famously a recent case where a defendant known only by a Bitcoin address was served by sending a transaction with an attached message to that address.

Re: First beta of Nintendo Switch emulator Suyu goes live

#97

Post by k12sosse »

I would pay Nintendo the price of a physical switch console - and then each game individually - for the ability to play their games legally in top graphical fidelity using my supercomputer. I'd even be open to the idea of paying a subscription fee to do it, instead of buying individual titles, and includes back catalogue
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