723
Nintendo is suing the creators of Switch emulator Yuzu
(news.bloomberglaw.com)
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 27 Feb 2024
723 points (100.0% liked)
Games
32413 readers
572 users here now
Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.
Weekly Threads:
Rules:
-
Submissions have to be related to games
-
No bigotry or harassment, be civil
-
No excessive self-promotion
-
Stay on-topic; no memes, funny videos, giveaways, reposts, or low-effort posts
-
Mark Spoilers and NSFW
-
No linking to piracy
More information about the community rules can be found here.
founded 1 year ago
MODERATORS
Case in point there is some evidence that Nintendo might have used a dumped and illegally distributed version of Super Mario Bros. in their Wii Virtual Console
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?
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.
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.
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.