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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[–] [email protected] 54 points 1 year ago (3 children)

Typical Nintendo move. So sad to see Yuzu possibly going down this way. Even looks like Nintendo might win this one. I'm just gonna download the entire source from GitHub just in case.

I wish this would just go full hydra mode if it goes down though. Start popping up new anonymous accounts releasing the source code everywhere.

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[–] [email protected] 39 points 1 year ago* (last edited 1 year ago) (5 children)

How can I donate to the Yuzu devs to fight Nintendo on this?

[–] [email protected] 62 points 1 year ago (20 children)

Brother.. Nintendo's net income last year was 3.1 BILLION dollars. There is no "fighting Nintendo".

Let's be real homie. Yuzu is done. Downvote me all you want after I post this.

As much as we all love Yuzu, the dev's had to have known this was coming.

I don't want to be one of those dudes that keeps harping on the "Nintendo should be FOR preserving old games". We all know Nintendo will continue to kick down ANYONE so much as glancing in their I.P. 's general direction.

Nintendo does what you Nintendon't want. Always.

Extreme capitalism stifles and suffocates innovation and preservation.

[–] [email protected] 15 points 1 year ago* (last edited 1 year ago) (1 children)

~~Extreme~~ capitalism stifles and suffocates innovation and preservation.

It's an inherent contradiction of capitalist competition. Somehow everyone is supposed to be competitive but noone is supposed to win for capitalism to "work". Otherwise it's considered a monopoly and "anti-competitive".

Ironically this requires collaboration.

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[–] [email protected] 81 points 1 year ago

Fuck you, Nintendo.

[–] [email protected] 89 points 1 year ago (3 children)

What's more, is that from these passages, it sounds like Nintendo even wants backups of games you have lawfully purchased to constitute copyright violation and made illegal (because they have to bypass encryption, therefore violating DMCA). I'm not fluent in legalese though, so correct me if I'm misinterpreting:

[–] [email protected] 54 points 1 year ago (6 children)

These passages imply the writers of them lack basic computer literacy and don't even understand Nintendo's own systems.

  • "copied the game ROMs into Yuzu" Yuzu is not a VM or other container and the ROMs are simply stored on disk in their original dumped form... Yuzu doesn't "store" or "contain" any games.

  • "any copy not on an authorized cartridge" LOL! What about games downloaded from your own digital marketplace, then?

What about a game you downloaded from Nintendo eShop and stored on an external SD card, which is a standard and well supported storage method on Switch? Is that SD card an "authorized cartridge"?

[–] [email protected] 8 points 1 year ago

It says "not on an authorized cartridge or console", the latter would cover legitimately downloaded games. Agree on the other points though.

[–] [email protected] 16 points 1 year ago* (last edited 1 year ago)

The authorized cartridge thing would hopefully be ignored due to several other times Nintendo tried to stop developers like Tengen from bypassing their licensing system and developing their own carts for the NES (you know those weird ones that were usually blue or black? Those were "illegal" in Nintendo's eyes but they lost every single case they took against them to try and stop them from being made).

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[–] [email protected] 27 points 1 year ago (2 children)

Ah corporate Lawyer BS, pointing out what they want to be true and not pointing out the other. ROMs are legal under existing Copywrite laws under archival laws in the USA (117) and backup laws in Canada (29.24). The Americans have a bit more of a restricted way of using their archives, but that's not needs to be argued here, as it appears that Nintendo is blaming Yuzu for actions of the general consumer. It'll be like blaming your Network provider for allowing a user to download a movie, both legally and illegally, thus they should be punished for both actions.

I also love that Nintendo isn't not stating it's illegal here, just that it's infringing because it's not authorized.

[–] [email protected] 6 points 1 year ago (6 children)

Nintendo is blaming Yuzu for actions of the general consumer

If you read the dmca, that's something you can do. Making tools that enable others to break copyright protection is specifically disallowed. Which is why it's one of the more insidious copyright laws

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[–] [email protected] 14 points 1 year ago

It'll be like blaming your Network provider for allowing a user to download a movie

Which, by the way it was recently ruled in the US that ISPs can't be punished for that. article source

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[–] [email protected] 122 points 1 year ago (2 children)

18 million copies sold and they're pulling this bullshit. Fuck Nintendo at this point.

[–] [email protected] 55 points 1 year ago (3 children)

They could have sold 19 million copies though. Won’t someone think of the billion dollar corporations?

[–] [email protected] 42 points 1 year ago (4 children)

I feel like a large number of the people pirating wouldn't have bought the game even if it was their only option. Then there's people who pirated and bought the game both. Unrealized profit is not the same as losing money.

[–] [email protected] 12 points 1 year ago

But the IP lobby sucessfully got that idea to the courts. In my country if you are caught torrenting a series episode just for 10 seconds, the courts accept the idea, that you spread like a hundred copies of the IP to people who would have definetely bought it otherwise, so you now owe the IP holder 1000 €.

It is complete horseshit

[–] [email protected] 9 points 1 year ago

I think the majority of these is people just downloading it to see if it works for 2 hours and never touch it again lol

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[–] [email protected] 2 points 1 year ago (1 children)
[–] [email protected] 10 points 1 year ago

Tears of the kingdom.

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