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."

  • kadu@lemmy.world
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    7 months ago

    I have a .zip containing the latest early access version of Yuzu, for Windows and Linux. It includes the emulator, all required decryption keys, the latest firmware for game compatibility, a tool to automatically download mods, and a convenient guide on how to acquire ROMs.

    I will forever distribute this .zip in a non-limited download link to anyone who asks me. Forever. You can PM me today and I’ll send it, you can PM me in 5 years and I’ll send it. Please feel free to do so. It’s not illegal to share where I live, so I’ll share. But do it via PMs, as to avoid causing trouble to the community.

    Again, forever. If you’re reading this in the future, unless I’m dead (my mental health is a bit shaky), I’m sending you a fully functional Yuzu pack.

    Have a nice day.

    • scarilog@lemmy.world
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      7 months ago

      Hang in there, friend, there any many more Nintendo games coming that we must enjoy through piracy to stick it to Nintendo, don’t leave just yet.

      • kadu@lemmy.world
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        7 months ago

        Good idea!

        SHA256 (.zip): 81c3101348abff9eb7ca55bdb14464eb4b1011d288b3285c91a013a62a1fea94

        SHA256 (most recent download link): 120288a5781e23f2c4767c6448a33f2803ab1d45943301441315aa20b78c7fc5

      • kadu@lemmy.world
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        7 months ago

        YuzuModDownloader will detect games in your library, check the built in repositories, download the mods and apply them automatically. Do keep in mind it enables all mods by default, so make sure to go to the game’s settings and disable the ones you don’t need.

        • Excrubulent@slrpnk.net
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          7 months ago

          Are these mods to improve things like stability and performance? I’ve found I can only use Yuzu to test out games because it’s impossible to put any real time into them due to crashes.

          • kadu@lemmy.world
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            7 months ago

            Some allow you to enable better graphics than the native version, some can downgrade graphics to improve performance. Some remove framerate limits. Some are cheats, with infinite health and similar. It varies a lot, really.

            For example, with Tears of the Kingdom on a Steam Deck there are mods to make the game run at 16:10, with better performance, and better frame pacing at 30 FPS. If you’re running it on a PC, there are 60 FPS mods with improved draw distances and shadow resolution.

    • Squizzy@lemmy.world
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      7 months ago

      Please on me this, and stay strong with the mental health. Seeking help is important and recognising you need it is the first step.

    • blurryeyes@lemmy.world
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      7 months ago

      I had no interest on playing switch games, but I do have a problem with authority overstepping. I’ll help you stick it to the man and evangelize more people on the ways of the Corsair. Pm’ed

    • Polysics@lemmy.world
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      7 months ago

      If you send me this (I pm’ed ya) I will be happy to keep this torch aflame as well.

    • lamermann @lemmy.world
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      7 months ago

      Hey man, hope your mental health improves. I’m not quite safe for myself without my anti depressants so I know how that goes.

      Keep your chin up.

    • Alborlin@lemmy.world
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      7 months ago

      Hello, I would be greatful if I can do what you said I can do.

      I strongly hope and wish you feel better.

    • Facebones@reddthat.com
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      7 months ago

      Pmed and also dropping in the comments for mental health solidarity. Here for you friendo ❤️

  • CALIGVLA@lemmy.dbzer0.com
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    7 months ago

    God I hate Nintendo, I hate them so goddamn much it’s impossible to find words to express myself.

    • wintermutehal@lemmy.world
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      7 months ago

      There are so many things that add up over time. I wouldn’t say I hate them just yet, but I‘be stopped buying their products. The way they go about their business just rubs me the wrong way. If the only way to try to communicate that is disengaging from any of their offerings, be it games or the new switch. Yea, I’m out.

    • Apollo2323@lemmy.dbzer0.com
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      7 months ago

      I feel the same. They are really disgusting , greedy and shitty company. I would not spend a single cent on their products.

      • Nioxic@lemmy.dbzer0.com
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        7 months ago

        Coz they’re assholes.

        sues emulator-devs - but puts old roms onto their own products (mini nintendo etc. contained roms that “pirates” had distributed online for years)

        never lowers the prices of their games

        sues everyone left and right - like Palworld-developers

        They issue takedowns on youtube channels for including nintendo game-music or gameplay

        and probably more reasons

      • Bone@lemmy.world
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        7 months ago

        This is an excellent comment! All these haters up in here but seldom few list why. I think it’s because their arguments wouldn’t hold up, so they don’t voice them. Just pure rage (useless)

        • Zoot@reddthat.com
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          7 months ago

          Funny how OP just explained above you, and id wager a good chunk of us feel the way he does. The real question is, why would you condone their actions?

          • Bone@lemmy.world
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            OP of the comment I replied to explained nothing. So I don’t know what you’re talking about, unless you’re just making stuff up. Their comment was nothing but pure rage, and it got a lot of support, much of which couldn’t explain their rage either.

            Edit: I see a comment above mine, but when I made my reply there were no other comments. Same time.

            • CALIGVLA@lemmy.dbzer0.com
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              7 months ago

              If you have more than a couple of neurons you don’t need me to explain why I hate Nintendo, unless you’re a corporate bootlicker who thinks Nintendo can do no wrong. If you really can’t fathom why anyone would hate them, then all you gotta do is Google “Nintendo anticonsumer” and you’ll have reading material for the whole week.

          • Bone@lemmy.world
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            7 months ago

            I don’t condone anything necessary. What I do do is I buy their games, play them on their systems, and have fun. I see you guys in here talking about pirating their games, not having fun, and not buying shit. What, I should condone that?! Get out of here.

  • Dudewitbow@lemmy.zip
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    7 months ago

    the funniest shit about the paperowrk is that nintendo indirectly says nintendo is doing illegal work because they claim a video game emulator is a piece of software that allows users to unlawfully play pirated video games that were published for a specific console on a general purpose device.

    they either have to say NSO/Nes/Snes classic are not emulation, or admit their definition of emulators is not the universally accepted definition of it, else Nintendo just Claimed Nintendo is serving up and charging for an unlawful service that is NSO.

    • TORFdot0@lemmy.world
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      7 months ago

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

      • PineRune@lemmy.world
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        7 months ago

        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.

        • tryptaminev 🇵🇸 🇺🇦 🇪🇺@feddit.de
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          7 months 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

        • caut_R@lemmy.world
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          7 months 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

  • Grangle1@lemm.ee
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    7 months ago

    Don’t know how good a case Nintendo has here unless it can prove that Yuzu itself contains proprietary code that allows the ROMs to be played. If the decryption is being done on the ROMs’ end, then that’s just another reason to go after the ones dumping and distributing the ROMs. Nintendo couldn’t even substantially stop Dolphin, and Dolphin actually had a decryption key straight from Wii firmware in it. Good luck to them, but they’re likely going for the wrong legal target. Taking down what ROM sites they can (which would legally be a lot easier than the emulator makers) is just getting rid of drops in the ocean of the ROMs’ spread, but they’re the target Nintendo should be going after.

    • Kevin@lemmy.world
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      7 months ago

      Somebody correct me if I’m wrong, but I don’t think Yuzu has any proprietary code. Folks have to go to other websites to download the Switch firmware and keys needed to play games.

      • echo64@lemmy.world
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        7 months ago

        That’s not really enough to be not in violation. For example, vlc can’t natively decrypt blurays. This is because both its not bundled with the decryption library nor the decryption keys. Vlc out of the box can not decrypt blurays.

        If yuzu can, if you provide some keys, eh that might be enough for them to win. It’s certainly not enough to push nintendo away. You unfortunately need to be extremely careful around the dmca stuff.

        • evranch@lemmy.ca
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          7 months ago

          You don’t just need to provide keys, but an entire firmware dump. Yuzu contains no executable Switch code AFAIK

          • echo64@lemmy.world
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            7 months ago

            Not claiming it does. It seems like it might have the tooling to break copyright enforcement if you give it the right keys is the problem.

        • MolochAlter@lemmy.world
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          7 months ago

          It really depends on the kind of encryption being used. I’m pretty sure if it’s a common algorithm that logic does not stand.

    • kosanovskiy@lemmy.world
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      7 months ago

      They don’t, they just want legal money drain u til they cave. Nintendo is abusive af.

    • ReallyActuallyFrankenstein@lemmynsfw.com
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      7 months ago

      DMCA § 1201 is the anti-circumvention clause. It makes it illegal to circumvent DRM, no copyrighted content reproduction needed.

      Yuzu may have defenses if they clean-room broke the encryption, but it’s a fight that will be difficult because the statute itself is unreasonable - essentially outlawing using knowledge to circumvent access controls. To those of us who know about this statute and its history in attempt to lock-down content, it’s a serious scumbag move because they may actually win. The statute is terrible and has been since it was enacted in 1998.

      They also seem to be asserting a secondary liability argument - i.e., the infringement of users is Yuzu’s responsibility because Yuzu allegedly facilitated piracy, or recklessly moved forwarded when it knew or had reason to know it would be used as such. This is harder to prove.

      Even if Nintendo doesn’t win the suit (but they may win it), they already “won” by filing because this will have a chilling effect on legitimate emulation.

      • AnyOldName3@lemmy.world
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        7 months ago

        There are two things in conflict that apply to Dolphin, and in general to post-DRM console emulators:

        • It’s illegal to create or distribute a device which circumvents DRM.
        • It’s legal to ignore DMCA restrictions for the sole purpose of making things interoperable, like running software on machines it wasn’t originally created for when you’d be able to run it on the machine it was created for.

        The wording in the legislation is sufficiently vague that it’s not obvious whether it’s illegal to create or distribute a device that circumvents DRM for the sole purpose of interoperability. If a case goes to court, it could set a precedent that has to be applied in the future, or it could be settled out of court to avoid setting a precedent, and so far, there’s no case law setting a precedent.

        When Nintendo asked Valve not to allow Dolphin onto Steam, despite what some people were saying, the decryption key was known to be there, and the Dolphin team had legal advice that it was reasonable to expect that the interoperability exceptions had more power than the DRM circumvention restriction. The decryption key is a so-called illegal number, but these are probably not actually illegal, and you can see several examples on the Wikipedia page about them. Nintendo ended up taking no action against Dolphin, and it wouldn’t have been a good case to try and set a precedent with as there weren’t obvious damages now it’s been so long since the Wii stopped being sold, and because the Dolphin team have historically been so diligent about stamping out discussion of piracy in their official communities, making it hard to argue that it’s intended as a DRM circumvention device rather than an interoperability tool. Also, Dolphin’s never taken donations, easily covering all their costs with just basic ads on their site.

        Yuzu’s a bit of an easier target. For a start, it’s got a Patreon, and that makes it easier to paint its developers in a bad light as they’re getting money (as well as meaning there’s actual money to recover). They’ve also got data to back up the suggestion that lots and lots of Yuzu users are pirating games instead of just playing games they’ve already got a disk copy of. In a sensible world where laws are applied fairly, there’s an easy argument that hoops to jump through like requiring the user to provide Switch firmware show they’re not trying to make piracy easy, but it’s not like Yuzu will be able to muster up enough money for lawyers to match what Nintendo will be spending.

        The worst thing that could come out of this is a decision that interoperability isn’t an excuse for circumventing DRM under any circumstances, as that’ll have serious consequences for a bunch of other projects, and Nintendo are likely to want to push for this precedent to be set rather than accepting an out-of-court settlement. On the other hand, Nintendo could mess up and get the opposite precedent set, although if it looks like that’s going to happen, they’re likely to drop the suit.

    • Dudewitbow@lemmy.zip
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      7 months ago

      they basically have a weak argument because they claim yuzu gives you links to the tools to get the keys to enable piracy.

      • Nioxic@lemmy.dbzer0.com
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        7 months ago

        indeed. they should sue fitgirl instead, who distributes an emulator, with an included rom and keys etc. ready to play

    • Da_Boom@iusearchlinux.fyi
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      7 months ago

      Nope, you have to obtain the decryption keys yourself - I spent hours hunting around online for a set of console keys and firmware dump to get the emulator working on my steam deck.

      If you own a moddable switch you can dump the keys legally, but I don’t plan on doing that any time soon.

  • bozo@lemmy.worldOP
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    7 months ago

    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:

    • evranch@lemmy.ca
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      7 months ago

      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”?

      • 🇰 🌀 🇱 🇦 🇳 🇦 🇰 ℹ️@yiffit.net
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        7 months 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).

      • Atemu@lemmy.ml
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        7 months ago

        “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.

        ROMs are indeed copied “into Yuzu”. They must be loaded into Yuzu’s memory in order for Yuzu to execute their code or render their assets. In copyright law, even loading something to memory constitutes a “copy”.

        Also, almost every emulator is a VM; do you think those ARM instructions are running on your x86 processor and its desktop OS kernel natively?

    • the16bitgamer@lemmy.world
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      7 months ago

      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.

      • echo64@lemmy.world
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        7 months ago

        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

        • dustyData@lemmy.world
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          7 months ago

          However, the thing is that Yuzu doesn’t do that. Yuzu doesn’t include any form of tooling that breaks encryption, facilitates ROM dumping or offer downloads of Nintendo Copyrighted software. They aren’t facilitating it, the user has to provide all of that chain of the emulation on their own. Hopefully this would be obvious to a judge.

      • captain_oni@lemmy.world
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        7 months 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

  • redcalcium@lemmy.institute
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    7 months ago

    I sincerely hope that Yuzu developers don’t end up like Gary Bowser and have their income garnished for life by Nintendo.

    • Essence_of_Meh@kayb.ee
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      As much as I dislike Nintendo and wish Yuzu devs all the best I’d like to point out that Bowser wasn’t some innocent guy who was caught by big bad company - Moonie has a video that goes into specifics about his involvement with a pirate enterprise worth a shitton of money.

      Other than that yeah, I hope they can survive this situation. I wonder if Ryujinx devs are next.

      • Riven@lemmy.dbzer0.com
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        Isn’t moonie the dude who shit talked Karl Jobst and ended up deleting his video because Jobst called him out on how wrong he was on pretty much everything and how terrible his research was. Like literally just watched a couple YouTube videos level research? Don’t know if I can trust someone who would fuck up THAT bad. I get people make mistakes sometimes but that’s just complete negligence especially for someone with an audience that big.

        • Essence_of_Meh@kayb.ee
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          No idea, I’m only familiar with some of his videos so can’t say one way or another. Is there any place I could read about it?

          Edit: Also, I believe the video I mentioned has links to specific legal documents surrounding this case so it should be easy to fact check. Still, I’m not trying to whitewash the situation you wrote about would love to learn more if it happened.

      • redcalcium@lemmy.institute
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        7 months ago

        He’s not innocent and went to jail for it, but does it warrant garnishing his income for life? I think they went too far with that.

    • SuperDuper@lemmy.world
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      7 months ago

      “Fuck you, here’s a switch port for a Wii U game. It’s $15 more expensive than the original release because fuck you that’s why.”

      -Nintendo

    • ampersandrew@kbin.social
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      7 months ago

      Maybe if emulating the game wasn’t often better than playing it on the only hardware the game is made for…

    • VaultBoyNewVegas@lemmy.world
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      7 months ago

      Yup. I was in a second hand game shop (cex) a month or so ago and most switch games were only 10 quid cheaper than the e shop. Mario and legend of Zelda where something like 50 pounds. That’s because those games don’t actually drop in price either psychically or on the eShop much.

  • hperrin@lemmy.world
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    7 months ago

    Booo! Nintendo sucks! This was decided 30 years ago. Emulation is not illegal.

    • s0ckpuppet@kbin.social
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      7 months ago

      Yeah and none of the switch emulator stuff I’ve seen comes bundled with the firmware. You have to track that down separately or dump your own from your Switch.

      This sure looks like like a slapp suit to me.

    • echo64@lemmy.world
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      7 months ago

      It’s good we are all clear, nintendo isn’t arguing that. They are arguing a case about copyright infringement and being in violation of the dmca

      • hperrin@lemmy.world
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        7 months ago

        It is not illegal to make copies of games you own and play them on an emulator. That is what was decided by the courts. Nintendo is trying to make that illegal.

        They’re using the DMCA to say that because Yuzu lets someone circumvent their encryption (which is illegal, but shouldn’t be), that’s the same as Yuzu circumventing their encryption.

        That’s basically like saying VLC should be illegal because it has the capability of copying a DVD.

        • Rai@lemmy.dbzer0.com
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          7 months ago

          I love YUZU and it’s wonderful…

          …but if they didn’t have a Patreon they’d have a better stance

        • echo64@lemmy.world
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          7 months ago

          They’re using the DMCA to say that because Yuzu lets someone circumvent their encryption (which is illegal, but shouldn’t be),

          Yes. That’s what I’m saying. That’s what I said.

                • echo64@lemmy.world
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                  7 months ago

                  (2) 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 a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or © is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title. (3) As used in this subsection— (A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

  • thantik@lemmy.world
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    7 months ago

    Yuzu actually even took steps to make the emulator NOT run pirated versions of the new Mario game before it officially released. I ran it on Ryujinx like a week ahead of its release date, but Yuzu literally refused. They insta-banned anyone who talked about it.

  • echo64@lemmy.world
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    7 months ago

    They might have a case if yuzu is actually decrypting switch software. That would be stupid of the developers, though. I would assume that they require you to provide decrypted games.

    That’s basically the only leg nintendo has to stand on here, but nintendo can out lawyer you into the poor house regardless.

    • woelkchen@lemmy.world
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      7 months ago

      AFAIK rooted Switch consoles are used to decrypt the games and Yuzu just tries to execute whatever nonencrypted Switch binary. Unless Nintendo can prove that either the Yuzu developers themselves are behind ripping commercial Switch games or directly colluded with the rippers, they’d have a hard time to actually win. That said, regular people with normal income levels will probably just sign everything because a prolonged lawsuit is about just bankrupting them, not being ruled the win by the judge.

      • echo64@lemmy.world
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        7 months ago

        From their own guide

        yuzu starts with the error “Missing Derivation Components”

        yuzu requires console keys to play your games. Please follow our Quickstart Guide to dump these keys and system files from your Nintendo Switch.

        Their guide also talks about dumping games from your console so I’m not sure how far it goes, but if they want console keys they are likely decrypting something