Nintendo Suing Makers of Open-Source Switch Emulator Yuzu (polygon.com) 107
Nintendo has filed a 41-page lawsuit against the makers of Yuzu, an open-source Nintendo Switch emulator, accusing them of "facilitating piracy at a colossal scale." Polygon reports: Yuzu is a free emulator that was released in 2018 months after the Nintendo Switch originally launched. The same folks who made Citra, a Nintendo 3DS emulator, made this one. Basically, it's a piece of software that lets people play Nintendo Switch games on Windows PC, Linux, and Android devices. (It also runs on Steam Deck, which Valve showed -- then wiped -- in a Steam Deck video clip.) Emulators aren't necessarily illegal, but pirating games to play on them is. But Nintendo said in its lawsuit that there's no way to legal way to use Yuzu.
Nintendo argued that Yuzu executes codes that "defeat" Nintendo's security measures, including decryption using "an illegally-obtained copy of prod.keys." "In other words, without Yuzu's decryption of Nintendo's encryption, unauthorized copies of games could not be played on PCs or Android devices," Nintendo wrote in the lawsuit. As to the alleged damages created by Yuzu, Nintendo pointed to the release of The Legend of Zelda: Tears of the Kingdom. Tears of the Kingdom leaked almost two weeks earlier than the game's May 12 release date. The pirated version of the game spread quickly; Nintendo said it was downloaded more than 1 million times before Tears of the Kingdom's release date. People used Yuzu to play the game; Nintendo said more than 20% of download links pointed people to Yuzu.
Though Yuzu doesn't give out pirated copies of games, Nintendo repeatedly said that most ROM sites point people toward Yuzu to play whatever games they've downloaded. Nintendo said its "expended significant resources to stop the illegal copying, marketing, sale, and distribution" of its Nintendo Switch games. It says that Yuzu earns the team $30,000 per month on its Patreon from more than 7,000 patrons. Nintendo said the company has earned at least $50,000 in paid Yuzu downloads. Nintendo said that Yuzu's Patreon doubled its paid members in the period between May 1 and May 12, when Tears of the Kingdom was released. Nintendo is asking the court to shut down the emulator, and for damages.
Nintendo argued that Yuzu executes codes that "defeat" Nintendo's security measures, including decryption using "an illegally-obtained copy of prod.keys." "In other words, without Yuzu's decryption of Nintendo's encryption, unauthorized copies of games could not be played on PCs or Android devices," Nintendo wrote in the lawsuit. As to the alleged damages created by Yuzu, Nintendo pointed to the release of The Legend of Zelda: Tears of the Kingdom. Tears of the Kingdom leaked almost two weeks earlier than the game's May 12 release date. The pirated version of the game spread quickly; Nintendo said it was downloaded more than 1 million times before Tears of the Kingdom's release date. People used Yuzu to play the game; Nintendo said more than 20% of download links pointed people to Yuzu.
Though Yuzu doesn't give out pirated copies of games, Nintendo repeatedly said that most ROM sites point people toward Yuzu to play whatever games they've downloaded. Nintendo said its "expended significant resources to stop the illegal copying, marketing, sale, and distribution" of its Nintendo Switch games. It says that Yuzu earns the team $30,000 per month on its Patreon from more than 7,000 patrons. Nintendo said the company has earned at least $50,000 in paid Yuzu downloads. Nintendo said that Yuzu's Patreon doubled its paid members in the period between May 1 and May 12, when Tears of the Kingdom was released. Nintendo is asking the court to shut down the emulator, and for damages.
The whole reverse engineering is documented (Score:5, Interesting)
The entire reverse engineering process of the Switch was documented in public. An absolutely ridiculous amount of dedication and work to accomplish, check it out. Nothing illegal was done. At least not that part of it.
Of course this company is like the Disney of the software world so will probably win regardless of merit.
Re: The whole reverse engineering is documented (Score:5, Insightful)
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Took my lead a while to talk me down from ragequitting
I would have quit.
Re: The whole reverse engineering is documented (Score:2)
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Re:The whole reverse engineering is documented (Score:5, Informative)
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So they're not breaking any law, and the only thing that Nintendo is upset about is they're doing something that's reducing their profits - like that can't be legal for some reason.
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they're doing something that's reducing their profits
I'm not even sure that is the case here. The fact that people went to all the trouble of making an emulator and that other people are using it should tell them that many people are interested in playing their games but they aren't willing to buy their console in order to do so. They could have ported their IPs to PC and other consoles and made a lot of money off them. All the money that this Palworld game is making now - Nintendo could have been making that money - and more, given that Pokemon is such a wel
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The fact that people went to all the trouble of making an emulator and that other people are using it should tell them that many people are interested in playing their games but they aren't willing to buy their console in order to do so.
No, it doesn't. You need the keys from their console in order to run games on the emulator. This should tell them that people want to play the same games on PC. They could sell their own emulator, people would certainly pay for it.
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Re:The whole reverse engineering is documented (Score:4)
I was with you until I saw that Yuzu has screenshots on their website of commercial games running in the emulator, and the FAQ on gives end users detailed instructions how to violate the DMCA
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2) Every console emulator has images showing it's compatibility with commercial software as a way of showing proof of it's accuracy, capabilities, and performance in a way that the public can draw realistic comparisons against. (Legal in the US as of the Sony Vs. Bleem ruling [google.co.uk].)
3) Running commercial software in an emulator is legal in the US as long as the software in question was itself obtained legally.
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But all that aside; the distinction is - and has thus far been supported by the courts - that _they_ are not distributing a
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It's not piracy or violating the DMCA if you own the game you're obtaining a copy of. Granted, that's not possible with a game that hasn't been released yet. Showing an official Nintendo game running in an emulator is NOT necessarily promoting piracy.
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Yuzu isn't providing the decryption keys - the user has to add them.
Should also be pointed out that Nintendo issued takedown requests against LockpickRCM last year [slashdot.org] which dumped prod.keys from the user's own console.
This is just Nintendo having a fit over the fact that it's next console got delayed [slashdot.org] and their current console's security, which has always been a joke due to Nvidia's RCM bug (AKA. CVE-2018-6242) [medium.com], has no technological means by which Nintendo can wrest control back from the device's owners.
See you in court Nintendo. We've all been down this road before, and w
Re:The whole reverse engineering is documented (Score:4, Interesting)
Yuzu requires someone find those keys. Many other emulators for consoles & systems also require users to locate the system ROMs necessary to make the emulation function properly. Personally I don't see how Yuzu facilitates piracy more than any other emulator - it emulates CPU & GPU instructions and maps IO onto PC hardware. The SheepShaver I used to open some old Mac files last week is essentially the same as Yuzu - I needed to obtain a ROM and System 7 to make it do anything and the only difference is there is no economic incentive for Apple to chase the SheepShaver devs.
So unless Nintendo can point at specific stolen code in the source of this thing, then I don't think there is much legal merit to their claim. Of course legal merit may have little to do with it, if they think they can shut the product down through legal intimidation.
I should add that Nintendo is freaking out over Yuzu because now a Steam deck or similar PC handheld can play Switch games (and many other platforms). I'm not surprised they sued Yuzu though instead of Valve. Once a closed system like a console is cracked for "home brew" or "custom firmware" (i.e. piracy), it's basically game over for that platform with new releases becoming a trickle of mostly shovelware. It's no wonder platform holders act so extremely.
Re:The whole reverse engineering is documented (Score:5, Interesting)
Yuzu provides detailed instructions how to get the system ROMS, and links to the tools to do so. I think they might have a case here because they invite people to pirate. IANAL, but I don't think the crime here is direct copyright infringement. Its contributory infringement. [cornell.edu]
Re: The whole reverse engineering is documented (Score:2)
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I should add that Nintendo is freaking out over Yuzu because now a Steam deck or similar PC handheld can play Switch games (and many other platforms). I'm not surprised they sued Yuzu though instead of Valve. Once a closed system like a console is cracked for "home brew" or "custom firmware" (i.e. piracy), it's basically game over for that platform with new releases becoming a trickle of mostly shovelware.
What would be the claim against Valve? What does running Homebrew on a Switch have to do with emulating a Switch on SteamDeck?
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They would claim on the basis that it enables piracy. But Valve is an incredibly wealthy company that would kerb stomp any such lawsuit whereas Yuzu devs probably couldn't fight a suit whether they had a defence or not.
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Personally I don't see how Yuzu facilitates piracy more than any other emulator - it emulates CPU & GPU instructions and maps IO onto PC hardware. The SheepShaver I used to open some old Mac files last week is essentially the same as Yuzu - I needed to obtain a ROM and System 7 to make it do anything and the only difference is there is no economic incentive for Apple to chase the SheepShaver devs.
... no economic incentive to such a degree that IIRC, in the early days of SheepShaver, Apple actually provided classic Mac OS software installation disks for free as downloadable disk images on ftp.apple.com. :-)
Re: The whole reverse engineering is documented (Score:1)
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On what legal basis does your opinion rely on?
I am not OP and IANAL.
Nintendo can claim that if someone can pirate a game that is also for sale in stores, it decreases the likelihood that someone goes and pays for the game/console and so does damage to their revenues. That could be a basis for suing. If the games aren't for sale any more, what's Nintendo's claim for the source damages?
I'm sure they'd claim some sort of IP-based damage, but it's not as straightforward as "someone didn't buy our game because they could pirate it instead."
Re: The whole reverse engineering is documented (Score:2)
Given that it's the 3rd best selling console of all time, I don't think there's a great deal of cannibalizing going on.
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while it's an actual product that they're still selling in stores and trying to earn a living from it really is enabling piracy that's cannibalizing their sales.
Boo hoo, cry me a river. Every game publisher without the benefit of their product being exclusive to a console with better DRM has to realize that some amount of piracy is just part of doing business. It's still debatable if pirated copies even truly represent lost sales, because people generally pirate things because they weren't likely to buy it in the first place. Conversely, sometimes pirates do become paying customers after trying something they wouldn't have otherwise bought and think to themselve
Not breaking the DRM, need an actual Switch (Score:3)
it's an actual product that they're still selling in stores and trying to earn a living from it really is enabling piracy that's cannibalizing their sales.
(Keep in mind that Nindento is typically making money by selling games. In the whole gaming sector, consoles are usually either sold at a loss, or close to costs. Selling fewer Switches isn't costing them money, only public visibility and less lock-in. So the whole arguments of emulator versus sales of machines isn't very convincing).
Yuzu technically cannot cannibalize sales of Switch consoles: it doesn't break the DRM. Instead it relies on duplicating the key of a Switch you already own
(and Nintendo's argu
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Yuzu technically cannot cannibalize sales of Switch consoles: it doesn't break the DRM. Instead it relies on duplicating the key of a Switch you already own
Sure... and all those "bath salts" for sale at the bodega down the street are meant to be used for a nice relaxing soak in the tub.
You make some reasonable points about why it's better to dump your own keys than to rely on those from some warez site but I'd still be shocked if that's the way the majority of Yuzu users are doing Switch emulation. I'm unsure if hard data exists but the fact that "theprodkeys.com" is the first result when I google "Switch Prod.keys", I imagine that the warez approach is pre
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Not entirely correct.
(note, I own a 1st generation Fusee-gelee vulnerable switch, which has never touched nintendo's servers, and have extracted my own keys from it. The emulator I use likewise, is configured to disable the networking stack, so the emulated switch never talks to nintendo's servers)
What the keys REALLY do, is uniquely identify that switch, and that cartridge. The actual decryption keys still use a master signing key, and all switches are able to decode all cartridges/downloads, without pull
Re: The whole reverse engineering is documented (Score:2)
Yuzu doesn't sell the emulator. They give it away for free.
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while it's an actual product that they're still selling in stores and trying to earn a living from it really is enabling piracy that's cannibalizing their sales.
The SNES, Gameboy, Gameboy Advance, Nintendo 64, Gamecube, Wii, and Wii U, in addition to the Switch, have all had to compete with emulators of them during their lifetimes.
Nintendo literally exists as a profitable company, with the biggest grossing media franchise in the world no less, in spite of emulation of their current offerings being a thing for well over two decades.
Your claim does not reflect facts nor reality.
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Nobody is guaranteed profit.
History repeats (Score:5, Informative)
> Nothing illegal was done.
The main precedents in emulation legality are Sony v. Connectix and Sony v. Bleem, where Sony lost both cases, but drove the defendant out of business via the lawsuit. Make of that what you will.
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sony is right: they know that they can abuse the law and our failing judicial system to exert economic violence over weaker "competitors" (an exaggeration in this case) even if said law gives them no standing whatsoever. they can do that whenever they please, so they are not the least worried about any show going on. if anything, bad publicity is still publicity and it can even drive sales up. heck, check some of the answers here, i bet there's people supporting their fetish brand with extra micropayments b
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Just for the record, it's Nintendo suing this time, not Sony. Sony is only responsible for the precedent, which says that emulation is legal.
Nintendo may be repeating their strategy here, though.
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In those cases though, Connectix and Bleem were both commercial companies that were put out of business. Connectix was ultimately bought out by Sony, but Bleem did become bankrupt due to legal costs, as you said.
However, it's a lot harder to kill an open source project from the internet. Ultimately Sony's actions were futile, as open source emulators for the original PlayStation were created to fill the void. Nintendo would have as much success trying to sue Bitcoin out of existence.
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I mean, that's fair, but you can still bankrupt the devs and it's not always easy to replace them, nor will a lot of people be eager to step up if they think they might be next.
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> Nothing illegal was done.
The main precedents in emulation legality are Sony v. Connectix and Sony v. Bleem, where Sony lost both cases, but drove the defendant out of business via the lawsuit. Make of that what you will.
I remember running both of them. Interesting programs but PCs lack al ot of the power needed to run well, as I recall my experience.
Nintendo does not like fan projects at all! (Score:4, Insightful)
Nintendo does not like fan projects at all!
Re: Nintendo does not like fan projects at all! (Score:5, Informative)
Factually false.
It's an emulator. You can write your own game or application for it.
Re: Nintendo does not like fan projects at all! (Score:4, Informative)
Definitely factually false. You can not only write your own game, but run homebrews that others have created. That's a growing area for both PSP, PS Vita and Switch consoles with cfw, and for their emulators.
Some of those homebrews are applications, some are games, but they are all perfectly legal to use on Yuzu.
In addition, dumping your own owned games and keys from your own owned console and cartridges, in order to run them with modifications, is perfectly legal. That is also a growing area for modded consoles and for emulators. Lots of beloved old games get bugs fixed and options added this way, in a way which is legal but requires an emulator.
Making comments about how these tools can only be used for piracy is typical from people who have no interest in the communities around these tools, and who comment from a position of blatant ignorance of what is going on in homebrew and modded gaming today.
Moral != Legal (Score:2)
In addition, dumping your own owned games and keys from your own owned console and cartridges, in order to run them with modifications, is perfectly legal.
Yes, that's perfectly moral. Should be legal. And is actually legal in some jurisdictions. But not all.
That's what Nintendo is arguing:
- dumping your own console's DRM keys and dumping your own games requires a that you hack your own Switch. Nintendo argues this is a violation of DMCA and outbound links to instructions to do so are illegal.
- running such way games on hardware which is not a Switch (e.g.: on a SteamDeck) is a violation of Nintendo's licensing term, as they decide what they will allow you to
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That Nintendo argues something does not make it so. So far both law and legal precedence protects accessing something that you have bought and own.
Licenses can not retract legal right to use what you have purchased in a manner you see fit. There is no legal precedent allowing a license to trump merchantability. If I have bought the right to use something, I have the right to use it.
This all hingers on Nintendo in practice stating they have licensed you the hardware and the cartridge, and nothing like that h
Can still try to sue (Score:2)
That Nintendo argues something does not make it so.
But doesn't forbid them either from trying to sue, in a sort of "Legal-budget-based war of attrition".
So far both law and legal precedence protects accessing something that you have bought and own.
Tropic Haze LLC is based in Washington, US.
Correct me if I am wrong, but on your side of the Atlantic, *distributing tools* for DMCA circumvention is illegal, and there are people pushing for even forbidding to merely *link* tools.
I am not saying Nintendo could win, merely that they won't be immediately laughed out of court, or at least not before having cost legal fee to Tropic Haze.
Licenses can not retract legal right to use what you have purchased in a manner you see fit. {...} This all hingers on Nintendo in practice stating they have licensed you the hardware and the cartridge,
And I presume is Ninte
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I can sue you for this comment. The US is very kind to people wanting to litigate. That has zero bearing on what the law actually says, which is what we're discussing here.
On my side of the Atlantic, such tools are not illegal. In Washington they fall under US Federal legislation, which does make access circumvention tools illegal - however, it has not been fully tested in court whether accessing a game one has bought actually falls under this provision as it's not very well defined. In the famous case of D
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Re: Nintendo does not like fan projects at all! (Score:2)
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Sure
Re: Nintendo does not like fan projects at all! (Score:2)
That's not true though. Most courts also care about intentions, not just facts.
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Factually false.
It's an emulator. You can write your own game or application for it.
Not just that, but emulators are needed as a means of preserving games that would otherwise be lost to time once the console is obsolete.
Switch 2 backward compatibility? (Score:2)
preserving games that would otherwise be lost to time once the console is obsolete.
Though it remains to be seen how soon this will happen for Switch games, depending on the upcoming Switch 2's backward compatibility.
But yeah, eventually only emulators and dumped games will remain at some point in the future.
duplicate DRM (Score:2)
All games ever playes on Yuzu are illegally obtained or cracked.
Switches employ (per-device) DRM and, AFAIK, Switch' game use per-copy keys.
The canonical (and simplest) way to use Yuzu is to duplicate the DRM key of the Switch you already own, and dump your own game.
(But that requires rooting your own Switch, and Nintendo actually argues this is a DMCA violaiton and that outbound links to instruction to do so are illegal).
Re: duplicate DRM (Score:2)
Hope the court sees it this way (Score:2)
They can argue all they want. I own the silicon and if I want to flash other firmware into it, I get to do that. It's mine, not theirs.
That's the morally correct way to consider it, it does make sense, and I really hope the court sees it this way.
(And that is the way in practice in several jurisdictions around the world).
But AFAIK, in the US tools to circumvent DRM are illegal acording to DMCA.
Also see Right To Repair as another example were the US' stance on DRM circumvention doesn't make sense.
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Switches employ (per-device) DRM
Correct.
Switch' game use per-copy keys.
Nope. That's only for online services access. The games themselves use a master key (master_key_XX in prod.keys, where XX is a number for a given key revision) known to all switch systems to decrypt a titlekey to decrypt the game data.
That's the reason why Nintendo went after Lockpick_RCM, because it can dump all variants of master_key_XX and having those keys allows you to decrypt game content.
Re:Nintendo does not like fan projects at all! (Score:5, Informative)
This is not correct. Yuzu can play unencrypted games, and that means it can play games not created by Nintendo.
There *ARE* homebrew games for the switch, that can be played on Yuzu and Ryujinx.
Here's a non-comprehensive list.
https://wiki.gbatemp.net/wiki/... [gbatemp.net]
The mere existence of these games makes your statement false.
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Thanks for the link and comment. I learned something today.
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Sue your fans into oblivion. Hey, it worked for Metallica.
And automobile manufacturers facilitate... (Score:1)
Facilitating something does not mean that they endorse or encourage it.
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You can drive while under the influence, but it's not mandated by the automaker.
You cannot play any game legally on Yuzu. The only way to play is to commit piracy.
this is quite different.
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You cannot play any game legally on Yuzu.
You're wrong. You can play Switch homebrew games and run homebrew apps through Yuzu. One can use Yuzu to develop homebrew apps/games which later can be run on the Switch. So there are certainly legitimate reasons to use the emulator.
The only thing that might hurt Yuzu's case is the protection keys. If they provide the keys with their emulator then they are in violation, if they don't, I think any judge should clear them.
otherwise they might even sue creators of developmenttools for providing means to crea
Re:And automobile manufacturers facilitate... (Score:4, Insightful)
Completely wrong. You can not only write your own game, but run homebrews that others have created. That's a growing area for both PSP, PS Vita and Switch consoles with cfw, and for their emulators.
Some of those homebrews are applications, some are games, but they are all perfectly legal to use on Yuzu.
In addition, dumping your own owned games and keys from your own owned console and cartridges, in order to run them with modifications, is perfectly legal. That is also a growing area for modded consoles and for emulators. Lots of beloved old games get bugs fixed and options added this way, in a way which is legal but requires an emulator.
Making comments about how these tools can only be used for piracy is typical from people who have no interest in the communities around these tools, and who comment from a position of blatant ignorance of what is going on in homebrew and modded gaming today.
Re: And automobile manufacturers facilitate... (Score:2)
Get it while it hot... (Score:1)
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Personally, for continued copyright protection, I'd mandate that the software must still be available in new form for purchase, and at a 'reasonable' price. While it might be complicated calculate what "reasonable" means, I'd generally go with "no more than original MSRP." Maybe the last price the software was sold at on the open market.
Same deal with music, books, and movies. If you can't purchase it legally new, then it is legal for you to obtain it however you may.
Require samples to be deposited at th
ecosystem (Score:2)
I know of two, not one advanced Switch emulators: Yuzu and Ryujinx, both are community developed open source software. Supposedly each one has its own advantages, but in my very limited experience I found Yuzu the better one. And yes, is true piracy websites sometime link to at least one of those emulators, but more often they provide the ROMs bundled with an emulator and keys, but the emulators are just tools, if Nintendo is to blame someone, they should blame the piracy websites. I guess they think target
Re: ecosystem (Score:5, Insightful)
You also need a computer and a graphics card to run those things, clearly those things facilitate piracy and any computer that isn't DRM-locked and controlled by a big game corporation should be forbidden.
*Microsoft has entered the chat* (Score:2)
Welcome to the very slow boil of hardware identifiers and TPM requirements cause sek-ur-ah-tea. In reality, you control and own nothing and you can and will only do what we allow you to do with what is ostensibly yours - which, specifically, is buy shit from our 40,000 layers of DRM "store" where we get a 30%+ cut, and repeatedly buying the same thing every time we change something on a whim. Get fucked peasant, pay fealty to your Lord.
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Get fucked peasant, pay fealty to your Lord.
This is Japan we're talking about. That's Daimyõ to you, heimin.
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You also need a computer and a graphics card to run those things, clearly those things facilitate piracy and any computer that isn't DRM-locked and controlled by a big game corporation should be forbidden.
While that has actively been the stance for the last 30 years, it is still not here yet. It is a bridge too far. Check back in another 20 years when our kids are at our stage. THEN it will not be a bridge too far. Palladium never died. The future looks absolutely awful.
streisand effect... (Score:2)
in 3...2...1...
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True that. I mean, Yuzu is a household name, but who has ever heard of that Nintondu?
Damning Claims (Score:2)
Assuming that Nintendo's claims are valid, that is very damning evidence. Having money involved with piracy-adjacent tools is already a tight rope to walk, but having revenue/donations double right when a highly-anticipated NIntendo game is about to be released (and is already being pirated) mak
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If you want to win in court you need to provide real evidence, not coincidences.
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> because correlation does not imply causation
The causation would be that you had to donate to get access to the experimental version of Yuzu that supported the then-new Zelda game (TOTK).
Re: Damning Claims (Score:2)
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Eh, that much is definitely true. Prior to the street date release of TOTK, the only version of Yuzu that the game ran on was the experimental version. The free version could not run the game.
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Try this one in court: Company X releases a new model
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If you want to win in court you need to provide real evidence, not coincidences.
I can't imagine being naive enough to believe this.
The most ridiculous part (Score:3)
Quote: "In other words, without Yuzu's decryption of Nintendo's encryption, unauthorized copies of games could not be played on PCs or Android devices,"
My reply: Again? Did they not learn anything from 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 ?
worse (Score:4, Informative)
It's even worse that with AACS movie.
Yuzu on purpose does NOT come with keys baked in.
You're supposed to copy the key from an actual Switch that you own.
(Nintendo is abusing DMCA laws about the necessity to hack said own Swtich to achieve that).
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They're trying to sue over magic integers again.
The Courts will dutifully allow the multinational corporation to bankrupt the citizen in their campaign for fascist injustice.
Until there are consequences.
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Better for consumers (Score:3)
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Go fuck yourself (Score:2)
Some us wouldn't mind paying for the games, just don't want the pile of shit hardware that only impresses idiots you call a video game console.
All media players, too? (Score:2)
Strange bedfellows (Score:2)
If I was MS, Sony, or even Valve, I would be paying the Yuzu teams legal bills on the downlow. The longer this goes on, the worse N is gonna look, regardless of the legalities involved. The community at large is still shaking it's collective head at the perceived Bowser judgement for the same reason, and the big N sure seems to revel in playing the role of Goliath.