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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

#341

Post by ls612 »

EMIRELADERO wrote: post #333
ls612 wrote: post #326

Earlier quoted context omitted.

My impression was that EFF and the like were bearish on 1201(f) because of that last part, "to the extent any such acts of identification and analysis do not constitute infringement under this title." and "to the extent that doing so does not constitute infringement under this title." because that essentially forecloses any practical application of 1201(f).

"infringement" in this case means traditional copyright infringement, not DMCA circumvention infringement. Legitimate users of Switch games will have a strong fair use case for this.

While I'm willing to believe that someone like the EFF or similar will step up to provide them competent legal representation given the stakes of this case, I doubt that Yuzu will win against Nintendo given things like the Psystar vs Apple case. That ship sailed 20 years ago and the future is one of being ruled by the whims of major software producers :(

Re: Nintendo is suing the creators of Switch emulator Yuzu

#342

Post by roughly »

mattmaroon wrote: post #230
justinclift wrote: post #170

Earlier quoted context omitted.

Yeah, it's a pretty stark illustration of "we have enough money to fuck you up, and are very willing to do so". "Might makes right" in action. Your monopoly point is an interesting one. Wonder if there's an actual legal case there, as Nintendo have done a lot of this bullying over the years.

No, there isn’t. Companies choose to put games on Nintendo, many games are available on multiple consoles including Nintendo, and depending on the generation Nintendo is not even always the biggest player. There’s no illegal monopoly. One is certainly allowed to have a monopoly over their own products, that’s what trademarks and patents are for. It’s hard to argue a game developer is forced to play ball with Nintendo…

Why does this logic fall down for Apple? Is it size? Is the argument different if it were Microsoft doing similar with XBox?

Re: Nintendo is suing the creators of Switch emulator Yuzu

#343

Post by mitthrowaway2 »

throwawayk7h wrote: post #226
atum47 wrote: post #180

It's unbelievable how much I loath Nintendo these days. Hard to believe I use to love them growing up. I got a Nintendo switch last year from Walmart. The f*ing came used (apparently someone in the store played some Zelda in it, put it back in the box and sold to me as new). Walmart said they couldn't do anything when I emailed them about the issue. Anyways, the switch came with no games. Nothing. Zero. So, naively I…

Don't forget that Nintendo put Gary Bowser -- a man in a wheelchair, with two kids -- in prison for a year. Now he owes 30% of his income to Nintendo for the rest of his life. He made Switch mod chips. Until Nintendo walks that back, I will pirate all future nintendo games and donate the cover price to Bowser's gofundme.

I am not a lawyer but a prison sentence doesn't seem like a possible outcome from a civil lawsuit. That must have been a criminal case against him, which means he was prosecuted by the state / the Crown, rather than Nintendo. I don't know the details though.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#344

Post by bobthepanda »

fnimick wrote: post #234
fcsp wrote: post #222

Earlier quoted context omitted.

Why didn't Uber though? Is it just enough money to buy the right lobbyists and lawyers?

And enough usage in the general public to have "politician X will ban uber" be a negative campaign position. Same reason AirBnB works despite many laws to the contrary. If you get popular enough that the public will vote against people who threaten to enforce the law, out of a desire to keep using the product, you win. It's a race to get too big to be shut down.

AirBnB's major achilles heel is that it actually isn't popular.

It is popular with tourists, who don't vote in the jurisdictions they visit, and it is popular with some landlords, who are a small minority that generally the renting public have at best indifference and often hatred for. It is very unpopular among renters who now see supply taken off long-term rental market; and it is very unpopular among other homeowners who do not want to live next to hotels.

It is not really a surprise that major tourist destinations are now slapping AirBnB with all kinds of restrictions.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#345

Post by ken47 »

What did Yuzu expect? If they’re going to challenge a company of Nintendo’s stature in this manner, then they should be prepared for legal war.

And what’s Nintendo supposed to do here? Most here would do the same thing if they were in Nintendo’s shoes. They have employees to pay.

Don’t hate the player, hate the game.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#346

Post by foobarchu »

jonny_eh wrote: post #295
viraptor wrote: post #281

Earlier quoted context omitted.

It would be amazing if Valve stepped up with legal funds/protection there. They do get money from people buying SteamDecks for emulation and well... free publicity if they take on Nintendo.

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.

Very important (imo) nitpick, Valve didn't block Dolphin, they took it off their store. Blocked sounds like they made it so to dang run it, but you can install whatever you want on a steam deck and valve isn't going to stop you.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#347

Post by [deleted] »

codedokode wrote: post #95

> 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

#348

Post by [deleted] »

EMIRELADERO wrote: post #275

A ton of people seem to think the DMCA is the end of Yuzu, but I believe it's actually its salvation, particularily Section 1201(f): (1)Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying…

[deleted]

Re: Nintendo is suing the creators of Switch emulator Yuzu

#349

Post by kevin_thibedeau »

dartos wrote: post #24
diggan wrote: post #13

Earlier quoted context omitted.

bleem! (PlayStation emulator) was sued by Sony and was forced to close down because of legal fees, so I guess that counts as a success for Sony. I seem to recall a bunch of ROM sites disappearing as well, but not sure if that's because they got sued or for other reasons. Some must have been sued and consequently shut down, so maybe not a bad idea (for the companies) to at least try?

ROM sites are actually illegally distributing copyrighted content. Emulators are usually not stolen and are just reverse engineered.

Modern consoles and arcades have anti-circumvention measures to restrict access to their internals. Software that bypasses such protections runs afoul of the DMCA even without any copyright violation.

Re: Nintendo is suing the creators of Switch emulator Yuzu

#350

Post by scarby2 »

causality0 wrote: post #194
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.

Losing a lawsuit should make you liable for the opponent's legal funds up to the same amount you spent on yours.

this is how it works in a whole lot of places other than the USA
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