329
Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued (arstechnica.com)
submitted 6 months ago by nanoUFO@sh.itjust.works to c/games@sh.itjust.works
91 comments fedilink hide all child comments
you are viewing a single comment's thread
view the rest of the comments
[-] FiniteBanjo@lemmy.today 1 points 6 months ago

Nah it's pretty easy to kill litigation before it starts if things step up. If you receive a cease and desist and don't want to fight it, you can shut it down and never look back. If you're served paperwork with a court date, the initial hearings can get the lawsuit thrown out if there are no grounds for a case on intellectual property infringement, one of which is "non-profit". In fact, a lot of people would argue that Yuzu was completely in the right to do what they did despite having a link to their patreon, but at that point the courts might decide either way and litigation costs money.

[-] Ajen@sh.itjust.works 4 points 6 months ago

but at that point the courts might decide either way and litigation costs money.

It also sets a precedent which makes it easier for Nintendo and other companies to sue open source developers. It would have been bad for everyone in the emulation community if they went to court and lost.

https://en.m.wikipedia.org/wiki/Case_law

[-] Whirlybird@aussie.zone 1 points 6 months ago* (last edited 6 months ago)

if there are no grounds for a case on intellectual property infringement, one of which is “non-profit”.

These guys have said right from the get go that they're trying to profit off it though. Whoopsies.

Also the fact that its the exact same code that Yuzu ran, which just settled with nintendo for millions of dollars, is going to influence any future cases.

but at that point the courts might decide either way and litigation costs money.

Yeah so like I said - they have to be prepared to fight nintendo or just shut it down almost immediately.

[-] Esostoic@lemm.ee 1 points 6 months ago

After consulting with an unnamed "someone with legal experience" (Sharpie would only say "they claimed three years of law school"), the Suyu development team has decided to avoid "any monetization," Sharpie said. The project's GitLab page clearly states that "we do not intend to make money or profit from this project," an important declaration after Nintendo cited Yuzu's profitability a few times in its recent lawsuit.

From the article, they explicitly state they're not trying to profit.

this post was submitted on 11 Mar 2024
329 points (97.4% liked)

Games

16403 readers
1676 users here now

Video game news oriented community. No NanoUFO is not a bot :)

Posts.

  1. News oriented content (general reviews, previews or retrospectives allowed).
  2. Broad discussion posts (preferably not only about a specific game).
  3. No humor/memes etc..
  4. No affiliate links
  5. No advertising.
  6. No clickbait, editorialized, sensational titles. State the game in question in the title. No all caps.
  7. No self promotion.
  8. No duplicate posts, newer post will be deleted unless there is more discussion in one of the posts.
  9. No politics.

Comments.

  1. No personal attacks.
  2. Obey instance rules.
  3. No low effort comments(one or two words, emoji etc..)
  4. Please use spoiler tags for spoilers.

My goal is just to have a community where people can go and see what new game news is out for the day and comment on it.

Other communities:

Beehaw.org gaming

Lemmy.ml gaming

lemmy.ca pcgaming

founded 1 year ago
MODERATORS
nanoUFO@sh.itjust.works