Imagine being a long time Nintendo fan to end up being sued because playing their games (and sharing your experience with others) is now considered the same as stealing.
this post was submitted on 01 Oct 2024
775 points (99.5% liked)
RetroGaming
19555 readers
198 users here now
Vintage gaming community.
Rules:
- Be kind.
- No spam or soliciting for money.
- No racism or other bigotry allowed.
- Obviously nothing illegal.
If you see these please report them.
founded 1 year ago
MODERATORS
So the switch itself emulates older consoles... I could have swore I remember reading something like the anniversary bundle that they put out for a limited edition had a emulator that someone made.
Be defiant. Emulate more games
So you're saying I should never buy anything from Nintendo?
Cool cool cool, cool, cool.
I wouldn't be surprised if this backfires a bit. The reason most publishers/IP holders don't go after videos on youtube and twitch is because it's basically free advertisement for your game.
If this behavior leads to people holding back on making nintendo based content, it could fuck them over in the long run. If you were a streamer or youtuber, would you feel particularly comfortable making videos and streaming nintendo games?
I know I wouldn't. There is no guarantee that nintendo actually puts effort into determining whether you are using an emulator or not. And even for the people who do use emulators, they may not be looking to continue making nintendo content.
Nintendo is going after a lot of their biggest fans. It's so obviously stupid, but they just keep doing it.
If someone has bought a Switch game legally, then it's legal to dump that game to a PC and play it on a Switch emulator, right?
Sure you could say that very few people dump their own games, but those that do are doing everything legally I think?
it's legal to dump that game to a PC and play it on a Switch emulator, right?
Depends on where you live. Copyright law varies significantly from country to country.
In the USA, section 117 of the copyright act lets you create a copy for archival/backup purposes only. What I'm unsure about (and don't know if there's any relevant caselaw) is whether bypassing copy protection to create the copy violates the DMCA.
The equivalent Australian copyright law explicitly states that you can use the backup copy instead of the original one. The US law doesn't (all it says is that you can make an archival copy, not how you can use the archival copy), so it's a grey area.
Both laws are for "computer software", but you could easily argue that a video game is computer software.
Pretty sure they would consider this "format shifting", which is not a valid exception to bypassing copy protection
I don't see any way you could argue a video game isn't computer software. It literally just is.
Nintendo could try make up something like "it's not computer software since the Switch is a console, not a computer" or something like that. Not a great argument, but they have good lawyers and could probably convince a court that it's true.
But the game is running on a computer with the emulator which still strongly lends to it being software
I think I somewhat recall during the peak Wii U disaster era, during shareholder meetings Nintendo would call the games for the system "Software". So, that'd definitely backfire on them I'm sure
Nah. From Nintendo's position, you don't "own" the game. They do. All you bought is a license to play the game on a Nintendo approved console. By ripping the game from the switch dump, you are violating the license you bought by copying their software without permission.
From a practical perspective, fuckem. Your paid money to play the game and if you decide to play it on something else you own, go nuts.
view more: next ›