this post was submitted on 27 Feb 2024
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Nintendo is suing the creators of Switch emulator Yuzu (news.bloomberglaw.com)
submitted 1 year ago* (last edited 1 year ago) by [email protected] to c/[email protected]
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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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[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

That’s not how the DMCA works, or tons of other software would be illegal. It’s illegal to circumvent copy protection under the DMCA (something I wholeheartedly disagree with), but it’s not illegal to make something that can be used to circumvent copy protection.

In fact, there are exemptions to that provision and one of them states that circumventing copy protection in order to play a video game using assistive technologies is legal.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

It’s illegal to circumvent copy protection under the DMCA (something I wholeheartedly disagree with), but it’s not illegal to make something that can be used to circumvent copy protection.

It is explicitly illegal to produce any thing whose purpose it is to circumvent DRM:

(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;

I'm telling you, that law is mental.

In fact, there are exemptions to that provision and one of them states that circumventing copy protection in order to play a video game using assistive technologies is legal.

Could you point that specific exception in the law? I can't find it.

Link for convenience: https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

The exceptions are handled by the Library of Congress and go through a renewal process every three years. Here’s the one from 2021:

https://www.govinfo.gov/content/pkg/FR-2021-10-28/pdf/2021-23311.pdf

The accessibility use exception is on the last page, middle of the page, paragraph labeled 21.

It’s illegal to make something that’s sole purpose is to circumvent copyright. Yuzu does not have that sole purpose, and doesn’t include the code necessary (prod.keys) to even accomplish it.

[–] [email protected] 0 points 1 year ago* (last edited 1 year ago) (1 children)

The actual text for reference:

Video games in the form of computer programs, embodied in lawfully acquired physical or downloaded formats, and operated on a general-purpose computer, where circumvention is undertaken solely for the purpose of allowing an individual with a physical disability to use software or hardware input methods other than a standard keyboard or mouse.

That explicitly only applies to physically disabled people. Yuzu is not specifically targetted at providing a different input method (at all) and certainly not solely for the physically disabled.

That exception is not relevant to this case.

[–] [email protected] 1 points 1 year ago

I didn’t say it was. I used it as an example of when circumventing copy protection is allowed under the DMCA.