this post was submitted on 27 Feb 2024
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Nintendo's full case filing


https://twitter.com/stephentotilo/status/1762576284817768457/

"NEW: Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo's software encryption and facilitates piracy. Seeks damages for alleged violations and a shutdown of the emulator.

Notes 1 million copies of Tears of the Kingdom downloaded prior to game's release; says Yuzu's Patreon support doubled during that time. Basically arguing that that is proof that Yuzu's business model helps piracy flourish."

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[–] Dudewitbow@lemmy.zip 127 points 10 months ago (3 children)

the funniest shit about the paperowrk is that nintendo indirectly says nintendo is doing illegal work because they claim a video game emulator is a piece of software that allows users to unlawfully play pirated video games that were published for a specific console on a general purpose device.

they either have to say NSO/Nes/Snes classic are not emulation, or admit their definition of emulators is not the universally accepted definition of it, else Nintendo just Claimed Nintendo is serving up and charging for an unlawful service that is NSO.

[–] schmidtster@lemmy.world 54 points 10 months ago (1 children)

FWIW you can lawfully play pirated games, so that means nothing.

[–] Rentlar@lemmy.ca 75 points 10 months ago* (last edited 9 months ago) (3 children)
[–] schmidtster@lemmy.world 22 points 10 months ago (1 children)

That’s a funny one too me, because they are the original source when you dig your way down, so how are they doing anything wrong there?

Yeah it’s someone else’s work… which isn’t there’s anyways… so isn’t it always nintendos then?

[–] Atemu@lemmy.ml 4 points 10 months ago (1 children)

That's rather clear evidence that they dumped their own ROM and distributed that. Since they own the rights to that ROM, they're not distributing it illegally though. They can dump and distribute their ROMs all they want; they own the rights to them.

[–] Rentlar@lemmy.ca 2 points 9 months ago

I'm no legal expert but Nintendo's argument seems to surround a video game emulator being a tool whose primary use is to facilitate illegal circumvention of DRM and piracy. Nintendo's use of emulation for a legal means to resell their games on another platform, could suggest otherwise. The possible use of a ROM illegally distributed by a 3rd party as inputs in a legitimate Nintendo emulator (though Nintendo denies this) could help separate the issues between ROMs and emulation, because Nintendo's emulator isn't used for piracy.

Nintendo could use a copy of the freely available Yuzu to emulate Switch games on their rumored Switch 2, if they were so inclined, and it would be a legitimate use case.

[–] Mango@lemmy.world 2 points 9 months ago

I cannot even come up with a way to express how goddamn hilarious that is!!

[–] TORFdot0@lemmy.world 3 points 10 months ago

I really want a real explanation on how I’ve caused Nintendo financial harm by format shifting my legally owned games. Especially considering I pay for NSO. At some point there has to be precedent that a pirated download does not equal a lost sale and that the individuals are responsible for the infringement and not the tools.