this post was submitted on 27 Feb 2024
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[–] PorkrollPosadist@hexbear.net 35 points 7 months ago* (last edited 7 months ago) (1 children)

This is a meritless case contrived purely for harassment. Emulation software has survived these challenges several times over.

United States

As computers and global computer networks continued to advance and become more popular, emulator developers grew more skilled in their work, the length of time between the commercial release of a console and its successful emulation began to shrink. Fifth generation consoles such as Nintendo 64, PlayStation and sixth generation handhelds, such as the Game Boy Advance, saw significant progress toward emulation during their production. This led to an effort by console manufacturers to stop unofficial emulation, but consistent failures such as Sega v. Accolade 977 F.2d 1510 (9th Cir. 1992), Sony Computer Entertainment, Inc. v. Connectix Corporation 203 F.3d 596 (2000), and Sony Computer Entertainment America v. Bleem 214 F.3d 1022 (2000), have had the opposite effect, which has ruled that emulators, developed through clean room design, are legal. The Librarian of Congress, under the Digital Millennium Copyright Act (DMCA), has codified these rules as allowed exemptions to bypass technical copyright protections on console hardware. However, emulator developers cannot incorporate code that may have been embedded within the hardware BIOS, nor ship the BIOS image with their emulators.

[–] GinAndJuche@hexbear.net 25 points 7 months ago

I simply don’t trust the court system to follow its own precedent, but ideally it gets binned

[–] Yurt_Owl@hexbear.net 32 points 7 months ago

I mean you could also play the pirated game on a hacked switch so nintendo should sue themselves

[–] SorosFootSoldier@hexbear.net 25 points 7 months ago (1 children)

My dad works for Nintendo and he says they suck ass.

[–] JohnBrownNote@hexbear.net 4 points 7 months ago

have your dad clarify if he means the bad way or the good time way, and if it's the former tell him they should unionize

[–] doublepepperoni@hexbear.net 25 points 7 months ago* (last edited 7 months ago) (2 children)

Uh oh wtf

I guess Nintendo wants to create some new legal precedents

[–] NephewAlphaBravo@hexbear.net 24 points 7 months ago* (last edited 7 months ago) (1 children)

Courts have historically thrown lawsuits like this in the trash where they belong, but... ruthkanda-forever

[–] PorkrollPosadist@hexbear.net 26 points 7 months ago* (last edited 7 months ago) (1 children)

An international company like Nintendo has the privilege of being able to choose the venue for their litigation (they can claim damages occurred in any one of them). They can file the case in any federal circuit court they want based on whether they think the judges might be amenable. This increases their odds of forcing the defendant to appeal, making things very costly. They don't have to win the case, they just need to destroy their opponents financially or intimidate them into a settlement.

[–] GinAndJuche@hexbear.net 19 points 7 months ago

It is in Delaware…. :pain:

[–] Evilphd666@hexbear.net 9 points 7 months ago (1 children)

Is it possible Steamdeck (which can run emulators) is a serious threat?

[–] ashinadash@hexbear.net 11 points 7 months ago (1 children)

Is it possible computers (which can run emulators) are a serious threat?

[–] Evilphd666@hexbear.net 3 points 7 months ago (1 children)

I'm speculating because the emulator has been out for some time and the Steamdeck is a handheld like the Switch. Like why didn't Nintendo pulll this trigger earlier?

[–] ashinadash@hexbear.net 13 points 7 months ago (1 children)

Can't say why Nintendo didn't sue Yuzu faster, but the Steam Deck is literally just a computer. A laptop without the hinge, plus a Steam Controller glued on. According to Valve the Steam Deck is for one thing: playing Steam Games, and it comes with a Steam Operating System. Suing Valve for making a portable computer that is possible to run emulators on would be like HBO suing Comcast because people use its internet services to download Game of Thrones. Nintendo has taken down Steam Deck emulation videos before, so it's clear they don't like it (It appears my superiority has caused some problems :steam_deck: ) but have no legal precedent, of course. What are you gonna do with this, sue Asus over the ROG Ally? Sue Microsoft for making Windows which Yuzu runs on? They probably figured it's most productive to attack the software that does the emulating.

[–] doublepepperoni@hexbear.net 6 points 7 months ago (1 children)

I don't think he was implying that Nintendo was going to go after the Steam Deck, rather that it was the existence of the Steam Deck and other portable PCs that finally spurred them on to start suing Switch emulator developers

[–] ashinadash@hexbear.net 9 points 7 months ago

Ohhhh, I guess so yeah, since the Steam Deck could be seen by consumers as an outright better replacement for the Switch, which it is lmao.

Nintendo of course litigates instead of competing. Free market.

[–] itappearsthat@hexbear.net 24 points 7 months ago* (last edited 7 months ago) (3 children)

All right fuck it I'll start pirating nintendo shit out of principle. How do I do that, I have a steam deck and a regular PC in addition to a switch

[–] GinAndJuche@hexbear.net 11 points 7 months ago

Download yuzu and find the he game files on piracy sites. Fitgurl creates all in one packs

[–] blakeus12@hexbear.net 8 points 7 months ago

use lutris to get yuzu, it makes everything very convienient IMO

[–] Evilphd666@hexbear.net 24 points 7 months ago

It is always morally acceptable to pirate pirate-jammin Nintendo games.

The Legend of Zelda: Tears of the Kingdom 7/10

  • Saint Commander Stephanie Sterling

Zelda Tears of the Kingdom already sold 18.51 million copies by the end of June

"Latest The Legend of Zelda game sells like cake"

Tears of the Kingdom broke into the top ten best-selling first-party titles on Nintendo Switch, entering the ranking in ninth place:

So you claim emulators hurt your sales by allowing people to play a week before release, yet because in part of the checks notes (7/10 ratings) it managed to achieve a top 10 of all time sales. cap-think

[–] doublepepperoni@hexbear.net 22 points 7 months ago (1 children)

Looking at some of the Discord quotes from the lead dev Nintendo quoted here I fully understand and empathise why the PCSX2 devs ligma-2 you out of existence if you say anything about ROMs

[–] GinAndJuche@hexbear.net 14 points 7 months ago

It’s one of those things where being a hard as about is completely reasonable

[–] blakeus12@hexbear.net 22 points 7 months ago (1 children)

if this actually goes somewhere and it gets scrubbed off the internet i have a backup of the files so feel free to DM me

[–] GinAndJuche@hexbear.net 10 points 7 months ago

I’m a data hoarder, please dm.

[–] rtstragedy@hexbear.net 16 points 7 months ago

Abolish private property, art should belong to the people.

[–] Salmarez@hexbear.net 8 points 7 months ago* (last edited 7 months ago)

Aw, naw, the NARCs, man!

[–] SpiderFarmer@hexbear.net 7 points 7 months ago (1 children)

I've really been dragging my feet to jailbreak my Wii so I don't have to pay $300 for Colosseum. Granted, I don't game all that much these days, so I at least have my reasons.

[–] GinAndJuche@hexbear.net 6 points 7 months ago (1 children)

It’s easier and has more features to just emulate

[–] SpiderFarmer@hexbear.net 3 points 7 months ago

Eh, the hardware for Gamecube is already in there and I like doing half-assed Ribbon Master challenges, so it works better with my DS and GBA Pokemon games.

[–] Alisu@hexbear.net 6 points 7 months ago

Two words: Fuck Nintendo