this post was submitted on 01 Oct 2024
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Nintendo has been actively taking down YouTube videos that feature its games being emulated or modded, which has sparked significant discussion and concern within the gaming community.

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[–] [email protected] 34 points 1 month ago

They're clearing out the scene before the switch 2 releases because they perceive the current emulators as a major threat somehow.

Which I assume means that the new switch is similar enough in architecture that it would be relatively trivial to ship a fully functional emulator on hardware release.

Pretty insane because at least in the USA, emulation is protected by law, except if someone can successfully argue that you are bypassing DRM which is illegal.

In a working system, this wouldn't be an issue but I imagine neither Yuzu nor Ryjunix would want to deal with Nintendo's insane law team that could wreck them financially in a matter of days before even entering a court room.

I hope someone either makes an anonymous dev team for a future project, or gets assistance from a consumer justice firm/group to properly argue in court to shut Nintendo down. They really should not be able to do this because it was already a thing 24 years ago:

Sony Computer Entertainment v. Connectix Corporation, 203 F.3d 596 (2000), commonly referred to as simply Sony v. Connectix, is a decision by the Ninth Circuit Court of Appeals which ruled that the copying of a copyrighted BIOS software during the development of an emulator software does not constitute copyright infringement, but is covered by fair use. The court also ruled that Sony's PlayStation trademark had not been tarnished by Connectix Corp.'s sale of its emulator software, the Virtual Game Station.