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Nintendo

Nintendo, Ticked by Zelda Leaks, Does a DMCA Run on Switch Emulation Tools (arstechnica.com) 35

Perhaps woken by news of its next premier first-party title already looking really impressive on emulators, Nintendo has moved to take down key tools for emulating and unlocking Switch consoles, including one that lets Switch owners grab keys from their own device. From a report: Simon Aarons maintained a forked repository of Lockpick, a tool (along with Lockpick_RCM) that grabbed the encryption keys from a Nintendo Switch and allowed it to run officially licensed games. Aarons tweeted on Thursday night that Nintendo had issued DMCA takedown requests to GitHub, asking Lockpick, Lockpick_RCM, and nearly 80 forks and derivations to be taken down under section 1201 of the Digital Millennium Copyright Act, which largely makes illegal the circumvention of technological protection measures that safeguard copyrighted material.

Nintendo's takedown request (RTF file) notes that the Switch contains "multiple technological protection measures" that allow the Switch to play only "legitimate Nintendo video game files." Lockpick tools, combined with a modified Switch, let users grab the cryptographic keys from their own Switch and use them on "systems without Nintendo's Console TPMs" to play "pirated versions of Nintendo's copyright-protected game software." GitHub typically allows repositories with DMCA strikes filed against them to remain open while their maintainers argue their case. Still, it was an effective move. Seeing Nintendo's move on Lockpick, a popular Switch emulator on Android, Skyline, called it quits over the weekend, at least as a public-facing tool you can easily download to your phone. In a Discord post (since removed, along with the Discord itself), developer "Mark" wrote that "the risks associated with a potential legal case are too high for us to ignore, and we cannot continue knowing that we may be in violation of copyright law."

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Nintendo, Ticked by Zelda Leaks, Does a DMCA Run on Switch Emulation Tools

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  • by Anonymous Coward

    Even if the anti-circumvention provision of the DMCA were constitutional, it doesn't apply to a mere emulator.

    • by Anonymous Coward
      Doesn't matter when $MEGACORP can bury you under lawsuits and prevent you from working on it for half a decade.
    • by jonwil ( 467024 )

      An Nintendo Switch emulator is not DRM circumvention. A tool that can extract secret keys from a Nintendo Switch (keys that are then used to run unauthorized copies of Nintendo Switch games) may well count as DRM circumvention.

    • Why wouldn't it apply? The hardware implements DRM: therefore, if we provide a way to bypass the hardware, we are providing a way to bypass the DRM the hardware has implemented. Even the summary states that Nintendo has implemented DRM in the hardware:
      >Nintendo's takedown request (RTF file) notes that the Switch contains "multiple technological protection measures"

  • This tells me that there is a demand for their software.
    That they are loosing money by no putting the software on all platforms available.
    It isn't like Nintendo offer much in the way of hardware. Oh look out! The old ass Android SoC is coming to get us.

    The only reason the Switch sells is because it has the keys to unlock the games. And the only reason Nintendo is around is the cult built around their name. They are like Apple. They couldn't compete if they had too and will use muscle to prevent anything
    • by Mononymous ( 6156676 ) on Monday May 08, 2023 @05:28PM (#63507457)

      And the only reason Nintendo is around is the cult built around their name.

      Of course, continuing to put out video games that millions of people want to play has nothing to do with it.

      Seriously, just one Wii Fit Plus or Breath of the Wild per generation wiould be more than enough to keep them going.

    • You expect software companies not to protect their product?
    • Well no, people buy their hardware to play their software. Sure they could release their software on every system but then no one would be buying Nintendo hardware, and there would be no subsequent buys (I now have a Switch so I will buy more games for it). The only reason I will buy TotK is because Switch emulation is still kinda shitty. If it was not, I would save 70 dollars and have a better experience playing it on my PC.
    • And the only reason Nintendo is around is the cult built around their name

      That would be their intellectual property. Things like Mario, the Metroid series, etc, those are IP brands they've built over the years. Now, I'm not disagreeing with you about "cult" and what not but I am pointing out that they've put a shit ton of energy into that IP.

      They couldn't compete if they had too and will use muscle to prevent anything

      But fighting tooth and nail for your IP is indeed "competing". It isn't the usual (brand A has objective qualities that are better than brand B) kind of fighting, but in the world of IP, this is indeed how companies compete. There's a lot

    • by unami ( 1042872 )
      They have not competed on the internal specs front for more than a quarter of a century but then, the Switch is already the third-best selling console hardware in history and still going strong. Followed by the DS, followed by the Game Boy, both of which were never powerhouses, but offered something unique with their hardware besides their exclusive software. I bought a few multi-platform games for my switch just for being able to play them on that hardware - even if I could get them cheaper and prettier on
    • Throughout gaming history multi-platform has generally been a mark of lower quality. It's natural, split your development resources to deal with platform differences and the product suffers. A PS5 may be significantly more powerful than a Switch, but how much effort is it to convert from Switch API to PS_SDK? And what happens when you launch with Switch graphics on a PS5? Do you get lower scores because PS5 owners expect better, tainting the product? How much does it cost to support the PC and all the diffe

    • They couldn't compete if they had too

      Couldn't compete with whom? Nintendo's FY net profit of 2022 was higher that Microsoft's Xbox division (which includes all games and studios) and rising, and just behind Sony's Playstation division (which includes all games and studios) and which was falling.

      You're completely delusional about the console gaming world.

  • by Malays2 bowman ( 6656916 ) on Monday May 08, 2023 @05:08PM (#63507419)

    The emulator is already mirrored in non DMCA countries to protect Nintendo from purging it from the net entirely.

  • illegal? (Score:5, Informative)

    by codebase7 ( 9682010 ) on Monday May 08, 2023 @05:46PM (#63507499)
    The industry has tried taking emulators to court before in the US and lost. See Sony Computer Entertainment, Inc. v. Connectix Corp. [wikipedia.org] That case establishes that copying of a copyrighted BIOS for the purposes of reverse engineering (to develop a *commercial* emulator) does not violate the copyright. If copying the ROMs and the BIOS isn't illegal (fair use), then copying the keys to use the ROMs should not be either. Let's all not forget that even the Supreme Court declined to rule on the whole "backup for personal use" VS. DMCA conflict.

    Further, Nintendo sold physical ownership of those keys to anyone willing to cough up $250.00 and still does so today. The secure boot master key is stored in plain text in the system's eFuses. [switchbrew.org] That key is then used to ultimately decrypt and derive the other keys stored on the device's NAND. [switchbrew.org] All Lockpick (and it's derivatives) do is read out the secureboot master key and then uses the same algorithm to derive the rest and write them to a file on the SD card. Anyone who delaminates the CPU can read out the SB master key with a microscope, then dump the NAND to derive and decrypt the remaining keys. None of which requires bypassing *anything*. If the buyer was not meant to have those keys Nintendo shouldn't be selling them at $250.00 a set.
    • This is the fundamental mathematical impossibility of industry's desire for DRM.
      They want to give you a ciphertext and key, then somehow make it impossible for you to read the plaintext.

    • May be the people who wrote those tools have a better idea than you regarding what's okay and not okay.
    • by _merlin ( 160982 )

      As an emulator developer, the people behind Ryujinx and Yuzu are not doing anyone any favours. The copyright lobby groups are going to point to this as an example of why "existing laws are inadequate" and pressure governments for even more draconian laws than the DMCA. Remember the DMCA was passed into law at the behest of the RIAA/MPAA. The people making a big song and dance about emulating current generation consoles are attracting unwanted attention that may get emulators heavily restricted or banned.

    • by flink ( 18449 )

      It might technically legal, but you still need a few $100k to prove it in court. Someone who develops an open source emulator probably doesn't have that kind of money lying around. Even if they did, would they want to risk jail time to defend their tool, like that guy who went to prison for selling mod chips?

  • by NormanICE ( 191852 ) on Monday May 08, 2023 @07:16PM (#63507701)

    The point of this isn't that I can steal games. I don't want to steal. I want to pay. However, I do make a concession that I want to play the games for a long time.

    I still have a Wii. Love it. Still play the games that I bought. The disc drive is failing; if Nintendo would sell me a new one, I would buy it. The people who enable me to unlock the games, not now (that enables picacy) but much much later are my heros.

    I want to play the 50+ Switch games I own (and love, and paid for) for a long time. Without these tools that would be ultimately impossible.

    • The last console I bought was a Wii since my kids were young and it was geared toward them. I too own a boat-load of games. I'm on my third used Wii now because the last two used systems have died along with the original many years ago. What do I do when I can no longer purchase used Wii systems that work? I have a lot invested in those games. I'm never going to purchase another console because they are simply money pits. My PCs on the other hand I keep upgraded regularly. Why can't I play the games I purch
      • by narcc ( 412956 ) on Monday May 08, 2023 @10:00PM (#63507883) Journal

        This is yet another reason to support strong right-to-repair legislation. If the company decide that they no longer want to support their old hardware, the community should have the right to do so, along with access to the appropriate software and documentation.

        It's unreasonable to expect a company to support their aging hardware forever, sure, but it's also unreasonable to leave your customers in the lurch. The natural solution is to allow and empower customers to provide support for themselves.

        I'd also like to see some copyright legislation that puts abandoned works into the public domain as a precaution. These things go hand-in-hand.

  • And will continue that trend according to another /. article. Gee, wonder why?

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