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."

  • CALIGVLA@lemmy.dbzer0.com
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    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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      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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      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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        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

      • Bonesince1997@lemmy.world
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        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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          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?

          • Bonesince1997@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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              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.

          • Bonesince1997@lemmy.world
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            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.

            • Zoot@reddthat.com
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              This is a thread about Nintendo suing a completely legal Emulator. I do believe you’re the one who should “get out of here”, if you’re going to say Nintendo has every right to do this, when everyone else here disagrees.

  • kadu@lemmy.world
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    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.

      • kadu@lemmy.world
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        Good idea!

        SHA256 (.zip): 81c3101348abff9eb7ca55bdb14464eb4b1011d288b3285c91a013a62a1fea94

        SHA256 (most recent download link): 120288a5781e23f2c4767c6448a33f2803ab1d45943301441315aa20b78c7fc5

    • scarilog@lemmy.world
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      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.

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

      • kadu@lemmy.world
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        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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          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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            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.

    • Facebones@reddthat.com
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      Pmed and also dropping in the comments for mental health solidarity. Here for you friendo ❤️

      • kadu@lemmy.world
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        Sorry, didn’t mean to create this impression. You’re correct - there are mirrors of the official GitHub, other sites hosting it, pre-built binaries being shared on Internet Archive and Discord. You can find Yuzu, and you can probably do so from websites you already know and trust. The keys and firmware are a bit harder for newcomers (which is why I include them in the pack), Google is filled with junk when you search for those, but if you’re already a member of certain communities or have a hacked Switch, you can obtain those easily too.

        But I do keep this updated pack that I use when a friend needs it or I happen to format a new PC. It’s already clean, already features the keys and firmware, and I know I can trust it (I built it after all hehe) so I might as well share. Maybe in the future Yuzu links will be harder to find or filled with crapware, mine will not. Maybe Yuzu will win the court case and be distributed on Steam… That’s great! I’ll probably still keep my pack, you never know with these things.

        I basically share everything I have, if somebody wants it. Rarely is my copy the only one or somehow special. I believe the single “rare to find” digital piece of media I own is an .iso backup of a brazilian CD-ROM child’s game. But seriously, I don’t attribute much thought to rarity or importance or my name when sharing these things, I just want people who want Yuzu to have Yuzu.

        • LucidNightmare@lemmy.world
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          Hey, Kadu! I was having the hardest time trying to find your comment on multiple apps after seeing it on the web version of Voyager. Now, after finding you, I can’t even DM you on any of the three that I use so I am resorting to commenting here in the hopes you’ll be able to see me and hopefully DM me the link for your zip! If you do see this, thank you so freaking much, and I and many other really appreciate you doing this solid! 😁

  • Dudewitbow@lemmy.zip
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    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.

        • schmidtster@lemmy.world
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          That’s a funny one too me, because they are the original source when you dig your way down, so how are they doing anything wrong there?

          Yeah it’s someone else’s work… which isn’t there’s anyways… so isn’t it always nintendos then?

            • schmidtster@lemmy.world
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              It’s illegal if you don’t own the rom or decoded it with their keys. If you have the physical copy of the game, and a way to decrypt it, it’s not illegal to play the rom on an emulator.

              So it’s not illegal, it becomes illegal when you don’t have the physical copy, or decode it with their stuff.

        • Atemu@lemmy.ml
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          That’s rather clear evidence that they dumped their own ROM and distributed that. Since they own the rights to that ROM, they’re not distributing it illegally though. They can dump and distribute their ROMs all they want; they own the rights to them.

          • Rentlar@lemmy.ca
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            I’m no legal expert but Nintendo’s argument seems to surround a video game emulator being a tool whose primary use is to facilitate illegal circumvention of DRM and piracy. Nintendo’s use of emulation for a legal means to resell their games on another platform, could suggest otherwise. The possible use of a ROM illegally distributed by a 3rd party as inputs in a legitimate Nintendo emulator (though Nintendo denies this) could help separate the issues between ROMs and emulation, because Nintendo’s emulator isn’t used for piracy.

            Nintendo could use a copy of the freely available Yuzu to emulate Switch games on their rumored Switch 2, if they were so inclined, and it would be a legitimate use case.

        • Mango@lemmy.world
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          I cannot even come up with a way to express how goddamn hilarious that is!!

    • TORFdot0@lemmy.world
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      I really want a real explanation on how I’ve caused Nintendo financial harm by format shifting my legally owned games. Especially considering I pay for NSO. At some point there has to be precedent that a pirated download does not equal a lost sale and that the individuals are responsible for the infringement and not the tools.

  • Grangle1@lemm.ee
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    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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      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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        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.

        • MolochAlter@lemmy.world
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          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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      They don’t, they just want legal money drain u til they cave. Nintendo is abusive af.

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

    • Da_Boom@iusearchlinux.fyi
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      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.

  • redcalcium@lemmy.institute
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    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.

          Edit 2: A’ight, while I didn’t have time for a deep dive I did manage to confirm that situation happened.

          I sucks since the videos I’ve seen seemed reasonably researched and now I’m wondering whether that was a one-time screw up or a normal thing that simply wasn’t caught more often. Guess I’ll try to look into it more when I’m free.

          • Riven@lemmy.dbzer0.com
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            The video by Karl Jobst himself on the matter is pretty informative and has proof to back up all of his claims. Iirc moonie also quoted legal statue and stuff on his video but was rebuked my Karl as well, don’t quote me on this though, I’ll have to rewatch that video to confirm. Here’s the link. Moonie did end up apologizing in the end and Karl did tell his viewers right off the back to not harass Moonie.

            If you like LONG form reasonably researched videos about all sorts of topics check out Hbomberguy. He’s great.

            • Essence_of_Meh@kayb.ee
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              Iirc moonie also quoted legal statue and stuff on his video but was rebuked my Karl as well

              Yeah, that’s why I’m planning to look into whether that was a screw up or not, thanks for the link too.

              I’m familiar with HBG but it’s always good to mention him.

      • yamanii@lemmy.world
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        They are taking his income for life, that’s an insane overreach specially for a big successful company like Nintendo, and it didn’t matter since the actual team behind it is back selling flashcarts that are even better than having to solder a chip.

        • Essence_of_Meh@kayb.ee
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          Yes, it is insane. That case is also a great showcase of how trying to make example out of a single guy doesn’t really work since, as you mentioned, rest of the team is still doing their thing.

          I’d like to think (well, hope anyway) that no one looks at Bowser’s story and thinks “yeah, that’s a reasonable conclusion”.

      • redcalcium@lemmy.institute
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        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.

        • Essence_of_Meh@kayb.ee
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          Oh no, I completely agree no one should be completely screwed over piracy. Just wanted to add some context as I saw a lot of discussion about him ending with “poor innocent dude” without digging into details. That’s all.

          Nintendo has a lot of problems that should absolutely be called out. I hope me trying to add more details didn’t imply otherwise.

    • SuperDuper@lemmy.world
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      “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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      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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      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.

  • fne8w2ah@lemmy.world
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    As the sweetest revenge maybe someone should leak all Switch games and DLCs into the public Internet.

  • Epzillon@lemmy.world
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    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.

    • laughterlaughter@lemmy.world
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      Yuzu may go down, but Nintendo hasn’t learned the lessons of the Streisand effect and the hydra effect. The code is open source. 10 more projects will pop up the day after Yuzu goes down (IF it goes down.)

    • TORFdot0@lemmy.world
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      They could have sold 19 million copies though. Won’t someone think of the billion dollar corporations?

      • PineRune@lemmy.world
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        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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          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

      • woodgen@lemm.ee
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        I wouldn’t have bought the stuff I pirated If I couldn’t have pirate it.

  • echo64@lemmy.world
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    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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      hace 10 meses

      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.

  • samus12345@lemmy.world
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    hace 10 meses

    I’ve been holding off on jailbreaking my launch Switch until the next one is out, but I think the time has come.

    EDIT: Aaand done. Biggest surprise so far is that there’s a homebrew Pizza Tower port for it! This game really belongs on consoles.

      • samus12345@lemmy.world
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        hace 10 meses

        I’ve had one for years, waiting for when Nintendo dropped support. I’m not gonna give them any more money as far as the Switch is concerned, so no reason not to go for it now. A project for this weekend, maybe.

  • bozo@lemmy.worldOP
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    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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      hace 10 meses

      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”?

      • Atemu@lemmy.ml
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        hace 10 meses

        “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?

        • evranch@lemmy.ca
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          hace 10 meses

          I thought Yuzu was actually a dynamic recompiler? I remember this practice started in the days of N64 emulation, and these tools are more like debuggers than like VMs. So in this case, ROMs may only be copied “into Yuzu” byte by byte, not stored as a block in memory. At this point it’s really semantics, but that’s what the lawyers are supposed to figure out, right?

          Unlike older emulators, Switch emulators don’t even support saving the emulator state, and their savegame data is stored right on the native filesystem. I believe they are actually more like Wine, and remember, Wine Is Not an Emulator.

          • badabim@lemmy.world
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            hace 10 meses

            Yuzu does recompile some parts during runtime by using a JIT, but the rest is still emulated.

            You can’t compare them to Wine, since Wine acts as a compatibility layer by translating OS specific calls, but it does not translate between instruction sets.

            • evranch@lemmy.ca
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              hace 10 meses

              Thanks for clarifying, I only have a casual knowledge of Yuzu internals and had been led to believe the ARM was translated rather than emulated.

              The performance is honestly incredible for software emulating a different instruction set.

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

    • I Cast Fist@programming.dev
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      hace 10 meses

      I remember a video of SomeOrdinaryGamers talking about a case where a company (I think it was Nintendo) was arguing that making a copy of games you own yourself should be illegal. The whole case was just that. Probably something from the last 4 months or so.

      Anyway, regarding 124, a judge with a working brain would say “There’s nothing here stating that it was Yuzu who allowed, or facilitated, anyone to obtain said reproductions.”

      1. The copies were not obtained through Yuzu. Yuzu is not a site where the roms are, or even links to any of them. Sure, it exists solely to emulate nintendo’s current hardware, but that’s not the problem.

      Sigh. If only law and justice worked based on factual evidence and logic, instead of interpretative contortionism…

    • the16bitgamer@lemmy.world
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      hace 10 meses

      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.

      • captain_oni@lemmy.world
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        hace 10 meses

        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

      • echo64@lemmy.world
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        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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          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.

          • echo64@lemmy.world
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            it decrypts games using your console keys though? i’ve seen mention of that in their docs so i’m not sure, but yeah if it does that, it’s similar to things that decrypt blurays. feasibly against the dmca because of how broad the dmca is.

          • Atemu@lemmy.ml
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            Yuzu doesn’t include any form of tooling that breaks encryption

            You cannot state that with certainty. That’s the problem.

            Yuzu does indeed include a method to use the Switch’s production keys (which you must dump yourself) to decrypt the games. Whether this constitutes effective DRM is not a question that can easily be answered and must be decided by a court on a case-by-case basis.
            This will be what the case will hinge on: Is Ninty’s scheme effective DRM?

            I would say no because symmetric encryption with a publicly known key may aswell be no encryption at all but that’s not my decision to make.

            They aren’t facilitating it, the user has to provide all of that chain of the emulation on their own.

            Um, no. The emulator is doing the decryption on its own. All the user does is provide the prod keys and unmodified ROM.

            • dustyData@lemmy.world
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              Yuzu itself doesn’t provide tools to dump keys and Roms from the Switch. The user has to procure them, or the means to dump them, themselves. Thus Yuzu doesn’t facilitates DRM circumvention. The user has to solve that part on their own. They do provide guides for how to do it on their website. But Yuzu themselves don’t make or distribute the tooling, and Yuzu the software is incapable of doing it.

              • Atemu@lemmy.ml
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                The dumps are just that: Dumps; 1:1 copies.

                The tools don’t decrypt anything; that happens within Yuzu. Why else would users need to provide the prod keys to Yuzu?

                • dustyData@lemmy.world
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                  To dump the keys, third party tools rely on DRM circumventing sploits. You essentially have to hack your own device, certain versions of Switch and certain software updates are no longer susceptible. But it remains that Yuzu doesn’t do any of that. Those tools and sploits were developed by others.