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this post was submitted on 28 Feb 2024
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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The main point of that ruling was that they weren't using proprietary code. Yuzu almost certainly did after the TOTK leak, unless they magically just happened to improve that much directly afterwards.
I don't like it, but there's a pretty big chance that Yuzu loses this one.
That's not what using proprietary code means in this case.
Besides, it's possible they "legitimately" bought a copy of the game from a store that accidentally broke the embargo date. You can't legally blame customers for that.
Sega v. Accolade was about using proprietary code, Sega lost and the small snippet of code that was reverse engineered out of the Genesis was deemed fair use because there was no other way to get an unlicensed cartridge to run on the console
Yes. I agree and said as much elsewhere in this thread.
My issue was with your statement of
Where, no, there is not a difference there.