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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

#181

Earlier quoted context omitted.

Not under 1201. They can form a copyright circumvention device without being subject to copyright themselves as long as they're used to protect an actual copywritten work (in this case the encrypted game images).

Doesn't this use case fall squarely in the realm of the exception for the purposes of interoperability?

That exception comes with a balance of (a)(2), which discusses commercial implications.

So with Yuzu's patreon funds, it's very grey at the moment, which is probably why Nintendo decided to take aim.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#182
post #98

Earlier quoted context omitted.

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.

In that case, Linux creators would be liable for not taking any steps within the Linux kernel preventing you from pirating a game on the platform.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#184

The only comment of someone saying they had used Yuzu for piracy has been flagged, and is no longer visible. This might HN readers a skewed perspective on how much Yuzu is used for piracy. I have many acquaintances/friends in different circles, with the means to pay, who use Yuzu for piracy. There are dedicated forums of people who coordinate on how to do this. Emulation is great as a means to study or play backups,…

I don't think Nintendo's argument that Yuzu's primary use case is piracy holds any merit. Nintendo is quite literally a part of the reason why people pirate Switch games they already own.

What do you have to do to legally play Switch games on Yuzu? Oh, idk...

* Jailbreak your Switch.

* Dump your decryption keys.

* Dump your games.

* Never update your Switch ever again.

* Pray Nintendo doesn't shove an update down your throat.

* Void your warranty.

* Hope Nintendo won't brick your Switch.

How many people would use Yuzu legally if it weren't for Nintendo's anti-consumer practices? Nintendo can't just argue that Yuzu is made for piracy when Nintendo pushes people to piracy who legally own the Switch and Switch games in my opinion.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#185

> As a result, Nintendo ... is demanding that the Yuzu emulator is shut down. When corporations like Uber violate multiple laws, do they get shut down? When Amazon treats its employees poorly, does it get shut down? When Google forbids manufacturers to pre-install competitor apps, does it get shut down? Well, it seems that as long as copyright is not infringed, everything is ok. Also it seems to me that Nintendo migh…

There were tons and TONS of ride sharing apps that got shut down as Uber was becoming popular due to regulatory violations: Sidecar, Juno, Poparide, Heetch, Taxify, and there are probably hundreds that got shut down in local markets.

Plenty of companies get shut down for regulatory violations, or employee mistreatment. Pointing at some extreme outliers is nothing more than a form of selection bias.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#186

> As a result, Nintendo ... is demanding that the Yuzu emulator is shut down. When corporations like Uber violate multiple laws, do they get shut down? When Amazon treats its employees poorly, does it get shut down? When Google forbids manufacturers to pre-install competitor apps, does it get shut down? Well, it seems that as long as copyright is not infringed, everything is ok. Also it seems to me that Nintendo migh…

[deleted]

Re: Nintendo is suing the creators of Switch emulator Yuzu

#187

Earlier quoted context omitted.

> 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.

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.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#188

Earlier quoted context omitted.

I can play Switch games on Steam Deck!?

Yes, better than on the Switch. (now I'm awaiting legal action from Nintendo)

Better how?

The detachable joycon with accelerometer control are a mechanic in some games (eg. Zelda crossbow aim). I would imagine this would be worse experience on steam deck.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#189

Looking over the legal document, realistically, their arguments are so damaging from a software perspective that they should lose. IANAL, but from skimming the legal document: The two major notions are that Yuzu violates Nintendo's copyright [1] by allowing people to play unauthorized copies [2]. In order to do so it allows for bypassing Nintendo's encryption (by taking in the keys, it does not embed the keys in the…

"On information and belief" - legalese for "we have no evidence".

True, but therefore setting up for the kinds of information that they'd be looking for in discovery. For instance, perhaps Yuzu keeps telemetry data around?
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