this post was submitted on 04 Mar 2024
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A sad day for emulation and open source advocates, and a reminder that Nintendo can and will destroy you if they see fit.

Hopefully their works will live in the saved repos just as ReVanced was able to live on after YouTube shut the original project down.

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[–] aiden@lemm.ee 164 points 8 months ago (1 children)

It's a sad day. Fuck Nintendo.

[–] arc@lemm.ee 18 points 8 months ago (6 children)

Yuzu gave them the opening to sue though. If they had been more circumspect - "Oh this is to develop homebrew / indie games nudge nudge" then maybe Nintendo wouldn't have unleashed the lawyers or done so ineffectively. After all it wouldn't be Yuzu's fault if some wicked website corrupted their pure intentions by releasing device keys or patches that allowed their emulator run commercial games. But they were more blatant than that.

Also from an empathic perspective, of course Nintendo were going to sue. Yuzu should have known they would since that's what console platforms do when something interferes with their profits. Yuzu is doubly bad since it interferes with hardware sales and game sales unlike custom firmware / cartridges which only affect game sales.

Of course the genie is already out of the bottle. Yuzu's source code and binaries were on github for anyone to clone / fork. All the games are out in the wild. The piracy will carry on. I think it's fair to say the NSP is effectively dead as a platform at this point. If a NSP2 turns up this year, as rumored, then I expect it will have revised anti-piracy measures and potentially a heavy online service aspect to go with it - it's far easier to detect pirates and wield the banhammer when a device is online.

[–] derpgon@programming.dev 25 points 8 months ago (1 children)

Yuzu knew, that's why they made an LLC to eat the cost and to bankrupt

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[–] QBertReynolds@sh.itjust.works 81 points 8 months ago (3 children)

Each dev kit is $450. Being able to test on an emulator is free. Sure, you ultimately want to test on hardware, but indie dev teams aren't going to shell out that kind of money for each developer. Who gives a fuck about indie developers though, right?

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[–] baggins@lemmy.ca 74 points 8 months ago (2 children)

So someone forked the GitHub right?

[–] BaroqueInMind@lemmy.one 22 points 8 months ago* (last edited 8 months ago) (9 children)

Since there's now legal precedent, and GitHub already has the signatures of the project code, they will simply now close down any fork that matches the code signatures to avoid getting sued by Nintendo as well.

Hopefully someone forked it to a completely different self-hosted GitHub-like instance or the other GitHub alternatives.

[–] cm0002@lemmy.world 92 points 8 months ago (2 children)

There's no legal precedent, it was settled out of court

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[–] pivot_root@lemmy.world 31 points 8 months ago (2 children)

The repository removal was voluntary and done by the Yuzu team. GitHub doesn't have to do anything and won't do anything. Even when they receive a DMCA takedown, they only block forks made through GitHub's "fork" button.

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[–] Da_Boom@iusearchlinux.fyi 19 points 8 months ago* (last edited 8 months ago)

Oh there will be forks across the git-verse. There's no way there wouldn't be.

Also does this create precedent? - they settled, its not like it actually went to court.

[–] Tartas1995@discuss.tchncs.de 8 points 8 months ago

There isn't a legal precedent. Unless I misunderstood, this is a settlement and settlements aren't! Legal precedent. Which is why big e.g. pharma likes them, because then they don't have the legal precedent for the next case.

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[–] LazaroFilm@lemmy.world 7 points 8 months ago (1 children)
[–] Seasoned_Greetings@lemm.ee 14 points 8 months ago

INTERROBANG

[–] UserMeNever@feddit.nl 64 points 8 months ago

Fuck off Nintendo.

[–] Overlock@sopuli.xyz 59 points 8 months ago (1 children)

something something Streisand effect

[–] merthyr1831@lemmy.world 18 points 8 months ago

Yup, the work of Yuzu isnt lost at all. It's just going to take time to see how that work will be advanced -- will Ryujinx absorb the developers and their knowledge or will Yuzu continue?

[–] Snazzy@lemmy.ml 46 points 8 months ago* (last edited 8 months ago) (3 children)

Yuzu’s unprecedented success was it’s downfall.

[–] Shirasho@lemmings.world 75 points 8 months ago (2 children)

Their decision to profit off the project was their downfall.

[–] Da_Boom@iusearchlinux.fyi 20 points 8 months ago (3 children)

It may have also been the fact that they linked to instruction on how to rip prod.keys and system firmwares. Also their instructions on enabling running copyrighted ROMs - despite the fact that Ripping game ROMs and firmware is not (unfortunately arguably, due to licencing models and jurisdiction - you will own nothing and like it.) illegal so long as it's for personal use.

They should've advertised it primarily as a testing and homebrew platform, and made sure not to make too much mention of the fact it can be used to play backups. Then they can at least play the ignorance card with more confidence.

Even then though, multi-billion yen company Nintendo probably would still pull this shit and drag, drag, drag the lawsuit out for forever and a day- draining lawyers fees of money. That being the case, settling is unfortunately the only option.

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[–] tree@lemmy.zip 12 points 8 months ago* (last edited 8 months ago) (3 children)

I do wonder if this is specifically what got them, would probably take a lemmy lawyer to unpack it, but I would have to imagine if they didn't have a patreon and basically a company, it would have been much harder for Nintendo to do anything about them. And I would also imagine in retrospect whatever money they got was not worth it when it ends like this.

I always assume when people operate services like this, that they host it in a country like Russia that's less likely to care about takedowns by western corpos and done anonymously as possible. Even though it's just an emulator, you would think they wouldn't be so brazen as to have a patreon which I'm sure requires someone's identity/billing info. They probably still could have been tracked down if they took crypto donations or something like that, but you would think that would be the first choice over putting a giant target on their backs. Patreon is obviously just gonna hand over whatever info they are asked to give when served a warrent, and so is Discord for that matter if they had any personal info on there too.

[–] _thebrain_@lemmy.dbzer0.com 14 points 8 months ago

Afaik what got them was providing fixes for an unreleased game behind a paywall. Hard to deny the piracy aspect when you are actively profiting off of it.

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[–] merthyr1831@lemmy.world 10 points 8 months ago (2 children)

Hopefully, it wasn't the success of Yuzu but the fact it was being developed by an established company which was accepting over $30,000/mo in donations for "internal" builds.

It's a lot easier to pressure a company that you know has a bunch of income, is firmly established in a country that recognises US copyright law, and makes a lot of money particularly on a legally contested technology.

They've gone after Dolphin before, but that's still up and going. If Ryujinx or some other Yuzu rewrite (a soft fork would be v easy to take down imo) goes down then I'll be proven wrong here

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[–] helloyanis@jlai.lu 44 points 8 months ago* (last edited 8 months ago) (2 children)

Here's a fork of Citra that can connect to the official nintendo network, still avilable now, by the person who made CTGP7 (custom tracks and characters in MarioKart 7), and here's the one for Yuzu. I think these are gonna be the main forks because they already have quite a lot of activity. It's cool that Citra and Yuzu were open-source so things like this can be made!

[–] TangoUndertow@lemmy.world 10 points 8 months ago (1 children)

I hope the contributors are anonymous..

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[–] NickwithaC@lemmy.world 37 points 8 months ago (4 children)

Where'd they get 2.3 million from?

[–] lemann@lemmy.dbzer0.com 96 points 8 months ago (2 children)

Someone else mentioned in a comment that the LLC behind Yuzu may file for bankruptcy to avoid paying Nintendo anything

[–] MossyFeathers@pawb.social 33 points 8 months ago (2 children)

Tbh I think they were smart to incorporate. It might have drawn a larger target on their backs (though patreon's target probably dwarfed it), but it also meant that individually they were financially protected from Nintendo. They'll probably still have to pay Nintendo whatever their corporation currently has even if they declare bankruptcy, but at least the devs aren't having their wages garnished until the end of time.

If they do attempt to declare bankruptcy, let's hope Nintendo doesn't try and sue them again to pierce the corporate veil.

[–] pixelscript@lemmy.ml 17 points 8 months ago

This is almost word for word what I said in another friend group today. Protecting individuals is literally why LLCs exist. It's what "LLC" stands for.

Nintendo Hyper Beam'd them into oblivion but they got a Substitute up first. The defense strategy was smart. The strategy that put them in the position of needing to use the defense strategy was idiotic, yes, but the defense was smart.

Short of Nintendo doing nothing at all, this is probably the best outcome that could have realistically happened.

[–] Kushia@lemmy.ml 14 points 8 months ago (1 children)

Although it works out for these developers I hate that people can do this to avoid the full consequences of their actions.

[–] MigratingApe@lemmy.dbzer0.com 9 points 8 months ago

I hate this too. But - what if we start using this ability to our advantage, just like these guys did? Corps use it, let’s also abuse it so they can’t destroy us without also waiving their rights. LLCs are the privacy abstraction layer of the real world. I figured that even registering your own personal domain is much safer when done through your own LLC than on your personal name. The examples are many.

[–] strawberry@kbin.run 27 points 8 months ago

Nintendo has too much money anyways

[–] PeachMan@lemmy.world 11 points 8 months ago (2 children)
[–] Uvine_Umbra@discuss.tchncs.de 25 points 8 months ago (1 children)

Yuzu claims to have earned 30k from patreon, where they give their most recent builds with the most bug-fixes & optimizations.

The switch has been out for 7 years. Most they could've earned then would be 210k, and even doubling it wouldn't get close to 2 million

[–] Chewy7324@discuss.tchncs.de 39 points 8 months ago (2 children)

They've been earning 30k USD per month according to their patreon page. I've read in a comment that they've doubled their supporters at the time TOTK was leaked.

Interestingly 30k USD per month over 7 years is 2.5m USD, which is pretty close to the 2.3m USD settlement.

[–] DudeDudenson@lemmings.world 27 points 8 months ago

Assuming they didn't use a penny of those 30k and just kept it stored away in their "in case of Nintendo break glass" case

[–] Uvine_Umbra@discuss.tchncs.de 7 points 8 months ago

Oh no you right, I misread

[–] mp3@lemmy.ca 9 points 8 months ago

Likely not even close to that amount.

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[–] SendMePhotos@lemmy.world 23 points 8 months ago (3 children)

Wait I didn't get it yet.... Anyone theoretically know of another who knows another who may be able to send me a file related to or unrelated to the given subject?

[–] seathru@lemmy.sdf.org 40 points 8 months ago* (last edited 8 months ago) (2 children)

The Internet Archive's got your back. As if you needed a reason to donate to them.

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[–] DrNyaaa@lemmy.world 20 points 8 months ago

Citra has a core on retroarch, I am hoping that it will stay up

[–] Gabu@lemmy.ml 18 points 8 months ago

My already-installed copy of these softwares won't go anywhere, Nintendo. Get bent.

[–] delirious_owl@discuss.online 16 points 8 months ago

So who is gonna create an anonymous account and fork the repo and website?

[–] spacebanana@lemmy.world 12 points 8 months ago* (last edited 8 months ago) (1 children)

More people would purchase the games if they weren't 60€ MSRP each regardless of size and quality.

I used to emulate switch games to test them as a free trial first, then I would buy them in second hand for half the price (which is still a lot, 30€ for a nintendo game versus 14€ for Nichijou volume)

[–] Aylex@lemmy.ml 7 points 8 months ago (1 children)

And regardless of age! Their games never go on sale. And they don't use local pricing (the actual term escapes me rn), so us poors in the 3rd world are stuck paying half a months salary for 7 year old games 🤪

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[–] PipedLinkBot@feddit.rocks 9 points 8 months ago (1 children)

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[–] SpiceDealer@lemmy.world 8 points 8 months ago

This fiasco demonstrates why open source is the superior software model.

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