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Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

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Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#141

Post by GardenLetter27 »

Hamuko wrote: post #49
weinzierl wrote: post #31

How did Tropic Haze make money if Yuzu and Citra were free. I could not find other products they sell. In consequence, how could they pay millions to Nintendo?

They had a Patreon that pulled in tens of thousands per month. If I recall correctly, some features were locked to early access that required being a Patreon member. https://graphtreon.com/creator/yuzuteam

The early access was also open though (the whole repo was FOSS and up to date in the end) - you just had to build it manually.

This situation really sucks because soon there will be the Switch 2, and then maybe in 5 years or so you won't be able to play a lot of these games easily anymore (nevermind at good resolutions, etc.).

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#142

Post by unixhero »

filleduchaos wrote: post #119
unixhero wrote: post #78

Earlier quoted context omitted.

No. This is not legally binding. This is not the United States Of America where we speak officially, this is a random web forum.

I think the point is that the audience might like to know whether confident claims that something is legal or illegal are backed by actual expertise or just vibes, not that things people say on a web forum are legally binding.

The same as when you talk to a random person at a pub. All illegal and just vibes, always - that is the default.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#143

Post by lll-o-lll »

bloqs wrote: post #120
miohtama wrote: post #111

The solution is decentralised Github: https://radicle.xyz Radicle gives a decentralised Git network that is much more immune to any legal action. This makes it much more difficult for Nintendo to take such action. Because it is a civil dispute, not a criminal one, the trick is to make it more costly for Nintendo to abuse the legal system (it is unlikely the legal system abuse will be fixed in long term, or ever). Whe…

This is the same old story though, and nerds dont get this right: what about all the viruses/child porn games and other heinous shit people will host there? Decentralisation is only as good as its moderation and unpaid moderation is a hell of a weak link

The issue is accountability. A big centralised server has accountability built in to some extent, because you can find and sue or jail the bastards that own it. Decentralised, is often conflated with anonymity and hence zero accountability.

But it doesn’t have to be this way. For something like source control, must we have anonymity? You wouldn’t require all that much PII to deter most bad actors, I would have thought. Maybe the PII bits can be stored in a different system that provides cryptographically signed assertions. You remain anonymous, but can assert your identity is stored in X. Law enforcement have the power to recover the PII if there is a warrant. Like some of the proposals for asserted qualifications in Europe and such.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#144

Post by kemotep »

realusername wrote: post #140
kemotep wrote: post #133

Earlier quoted context omitted.

Why would the owners of the copyright be restricted from selling their copyrighted works in whatever way they want?

In the past they said that there's never any justification for emulation and that it ruins the player experience, seems like it depends on how much money they make out of it.

Nintendo probably doesn’t think their virtual console counts as emulation if that is the case.

Or it’s just different corporate policies at different times being applied inconsistently.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#145

Post by realusername »

oefrha wrote: post #67
realusername wrote: post #12

Earlier quoted context omitted.

I would say the opposite, it gives them less of a leg to stand since they cannot say that there's never any justification for emulation anymore like they said in the past.

That’s like saying I can’t make photocopies of my own ID because I’ve said in the past that identity thieves shouldn’t make photocopies of my ID.

Except they explicitly said that any emulation is bad. With your analogy it's like claiming ID photocopies are bad and then making your own.

And then emulation isn't stealing anyways.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#146

Post by realusername »

kemotep wrote: post #144
realusername wrote: post #140

Earlier quoted context omitted.

In the past they said that there's never any justification for emulation and that it ruins the player experience, seems like it depends on how much money they make out of it.

Nintendo probably doesn’t think their virtual console counts as emulation if that is the case. Or it’s just different corporate policies at different times being applied inconsistently.

To me it's just corporate hypocrisy.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#147

Post by cauefcr »

iforgotpassword wrote: post #84
anthk wrote: post #66

Earlier quoted context omitted.

Overriding DMCA it's legal for interoperation purposes.

IANAL; Afaik only in the EU, it even allows non-cleanroom reverse engineering.

Brazil also allows non-clean room reverse engineering (I still don't understand why we're not a rev-eng tech hub, come to Brazil my Ghidra/IDA users) and have much saner laws regarding piracy (like it being legal for 24h for testing), I've only ever seen big pirates (those who have piracy streaming websites) getting busted, I don't ever use a VPN and had no issues whatsoever with my piracy (have been a pirate for almost 20yrs now).

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#148

Post by FMecha »

idle_zealot wrote: post #86
kyriakos wrote: post #53

Nintendo could have hired few of the yuzu devs and launched its own gamepass style service for PC and allow people to play games via emulation. People aren't using switch emulators only to pirate but because they actually perform better than the original console the games were developed for due to hardware limitations.

If Nintendo wanted its games playable on non-Nintendo platforms it would not need the yuzu devs to achieve that. Keeping their games exclusive is a deliberate strategy.

At that point, you should argue for platform exclusivity being illegal anticompetitive behavior.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#149

Post by idle_zealot »

FMecha wrote: post #148
idle_zealot wrote: post #86

Earlier quoted context omitted.

If Nintendo wanted its games playable on non-Nintendo platforms it would not need the yuzu devs to achieve that. Keeping their games exclusive is a deliberate strategy.

At that point, you should argue for platform exclusivity being illegal anticompetitive behavior.

Enabling compatibility/format shifting has been a successful fair-use argument for DRM circumvention in the past, but it would be nice to have an official carve-out.

Re: Nintendo blitzes GitHub with over 8k emulator-related DMCA takedowns

#150

Post by bilvar »

malka wrote: post #98
bilvar wrote: post #79

Earlier quoted context omitted.

Yes, what an absurd notion they have that they must get paid for their (excellent) work.

Oh they deserve it. But, as a player, I feel deeply hated by them. And i Do not give money to people who hate me.

It's a perfectly reasonable position to not give them your money. I thought we were talking about pirating their games though, which is worlds apart from voting with your wallet.
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