this post was submitted on 04 Mar 2024
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No, I mean charging money for pirated copies of games
This behavior was never condoned by the Yuzu developers
Do you really believe that the last statement by yuzu is their own opinion? It really reads as it was written by a Nintendo lawyer and they just needed to sign it.
Yuzu has always expressed that opinion about piracy publicly. Whether they actually believe that is another matter, but it's nothing new for them to say that.
Basically every emulator developer will say that their platform is not for piracy but for backing up your legally purchased games, but it's usually just a "wink wink nudge nudge" type of thing for legal reasons.
This is what Nintendo wants people to think. They want you to think hacking your own hardware is synonymous with copyright infringement. And it's categorically not. Just like collecting knives isn't synonymous with committing murder.
I agree that Yuzu was toeing a fine line when they should have instead steered far clear of it and only supported playback of homebrew apps without encryption, but that's not to say they did anything ethically wrong. Backing up your own files shouldn't be a right we lose just because of criminals walking around "wink wink, nudge nudging" each other. Punish the murderers, not the knife sellers.
Part of the court case was yuzu linking to pirated data files on their website, so X
Ah, hadn't heard that. Source?
Also, linking to is very different from hosting. Afaik linking is not a crime.
this says yuzu had illegal prod.keys in its possession.
this mentions how yuzu was linking(but not hosting) pirated files.
And yeah, linking is not a crime. But it does establish intent to support(that's not the word I'm looking for) a crime.
It actually doesn't say that the prod.keys was illegally obtained, just that they had a dumped copy. I don't know if there was a way for forensics to tell a difference between a copy they dumped from their own hardware and one someone else shared to them. Maybe they had evidence it was shared over discord or something.
As for linking, the article doesn't say they linked to anything illegal, just that they linked to tools which could be used to do something (root your switch) which could be used to do something (share the content of your switch) illegal. IMO there's nothing ethically wrong with hacking your own hardware to preserve your games. So this would be like me linking to a set of knives on Amazon, and being found guilty of condoning murder.
Nintendo also has an abysmal track record with maintaining your digital rights to anything. Ever buy anything on the 3DS or Wii digital stores? Hope you still have that device or dumped a copy of the game, because Nintendo forgot about that purchase.
So I also don't see anything wrong with the links they provided. At the end of the day, you still need to purchase Nintendo hardware and games in order to do anything they instructed you to do. But Nintendo sure would like people to think that hacking your own hardware is synonymous with copyright infringement.
Also believe his (proprietary) software would brick switches if it detected other software, though don't quote me on that.