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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

#121

Earlier quoted context omitted.

For the keys to be considered to fall under the DCMA, they'd have to be copyrighted.

I don't think that's the case. The games are copyrighted. The keys only need to constitute an effective anti-circumvention scheme (any technological measure that “effectively controls access” to a work) to be illegal to code for.

If the keys are that readily available ... I don't think it is "effective" by any definition of the word.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#122
post #26

Earlier quoted context omitted.

> Not necessarily. It's fairly easy to prove that if the emulator did not exist, the leak would be fairly inconsequential… Well, no. Pirated Switch games can be played on a hacked Switch or a flashcart with no emulation necessary. Common sense suggests emulation would be significantly more common, but can Nintendo prove that in court, or prove that the leak wouldn’t have happened without Yuzu’s existence?

Nintendo can't prove the leak wouldn't have happened without Yuzu. But they don't have to. They can simply show that Yuzu made it infinitely worse. Also, suing Yuzu does not preclude suing emulator makers or flashcart makers - they can all be sued as they all have culpability.

One thing to take into account is that civil trials don't require the absolute highest standards of proof, such as proof beyond a reasonable doubt. Usually much lower evidentiary standards such as "preponderance of the evidence" and other malarky.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#123

Earlier quoted context omitted.

The last time I tried to use Yuzu or Ryujinx it was still quite difficult. I had to get out my switch and physical game cartridges and manually dump a bunch of decryption keys and game files. It is absurd that Nintendo is trying to claim these emulators are piracy tools or intended for piracy when they don't seem to do anything to make it easy to play a pirated game copy.

It took me 15 minutes from downloading Yuzu to playing Mario Kart on my PC. You're doing something wrong

Did you start from the Yuzu documentation? I installed it and walked through their official quick start guide. I didn't type "mario kart free rom" into google or anything.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#124
post #100

Correct me if I’m wrong, but wasn’t Nintendo caught using an open source emulator for the switch, without any sort of credit to the authors after suing? If so, I have no empathy for them.

Canoe (their SNES emulator) is definitely their own creation, it's very limited and can mostly only run the games they've released with it. I think it has some similar bugs to ZSNES, but that's just because they're both crappy low-accuracy emulators.

iirc they used a open-source emu on their snes/nes mini

Re: Nintendo is suing the creators of Switch emulator Yuzu

#125
post #98

Earlier quoted context omitted.

I am not part of that scene, but I am sympathetic to emulation. Is there a notable difference between Yuzu and other switch emulators? I wonder if there are other reasons than Patreon ( money changing hands ) or there were other considerations?

Yuzu has amazing compatibility. I'm guessing it's getting too good for Nintendo. Their concerns with TotK are not without merit. I played it on Yuzu (on PC) because it was a much better experience than on the switch. Within a few days of the game being out, there were resolution and fps patches which made the game run much better. That said, I'm not sure how Yuzu can be blamed for TotK piracy. Guessing Nintendo is th…

> Yuzu can be blamed for TotK piracy

But they can be legally blamed for not taking any steps to prevent it.

Which means there are two avenues for Nintendo to attack this situation.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#126

> 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 recording. And there are legal experts who believe even that is a yard too far.

Nintendo's case is a lot more airtight. To play anything on yuzu, you have to defeat the encryption on Switch games, itself a felony DMCA violation (irrespective of how good or bad the encryption is). Therefore, yuzu can only be used to play pirated material, therefore it contributes to copyright infringement.

"But muh homebrew" -- people who want to develop for Switch can get a development license from Nintendo. The fact that this is an option would weaken developing for Switch as a legitimate use for yuzu.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#127

Earlier quoted context omitted.

The last time I tried to use Yuzu or Ryujinx it was still quite difficult. I had to get out my switch and physical game cartridges and manually dump a bunch of decryption keys and game files. It is absurd that Nintendo is trying to claim these emulators are piracy tools or intended for piracy when they don't seem to do anything to make it easy to play a pirated game copy.

It took me 15 minutes from downloading Yuzu to playing Mario Kart on my PC. You're doing something wrong

You forgot to mention whether you pirated the game or were playing it legally

Re: Nintendo is suing the creators of Switch emulator Yuzu

#128

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…

You can claim what ever the hell you want, doesn't mean it will last longer then 5 seconds in court. It's very common people make outlandish claims, these then get dismantled by a judge and jury into usually 1 that sticks. Even though you went in with 50. That's the whole point of court.

Agreed. Most law suits throw everything at the wall and then see what sticks. The first thing the defense will always do is file a Motion to Dismiss listing a reason that each count of the suit fails to state a claim.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#129

Correct me if I’m wrong, but wasn’t Nintendo caught using an open source emulator for the switch, without any sort of credit to the authors after suing? If so, I have no empathy for them.

I recall something like that when they released those mini consoles like the mini NES (NES Classic). But looking into it now, it seems that only used OSS software (linux, busy box, alsa, etc.).

Re: Nintendo is suing the creators of Switch emulator Yuzu

#130

Earlier quoted context omitted.

Downloading entire ROM collections quickly becomes too much data for local storage, starting with Saturn/PS1 and escalating from there.

Nah, you just need to scale up your storage expectation; I think 8TB will cover most of a PS1 localization.

Sony Playstation NTSC-U dump is only 472GB.

Oh, and they're available on Archive.org :)

https://archive.org/search?query=Sony+PlayStation+-+%28NTSC-...

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