• ArbitraryValue@sh.itjust.works
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    2 days ago

    This isn’t what happened. Emulators for old consoles are still online. Nintendo sued people making Switch emulators. That console and those games were available for sale at the time of the lawsuit.

    • kata1yst@sh.itjust.works
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      2 days ago

      Yes, but the sites hosting ROMs for ANY system get repeatedly destroyed by Nintendo.

      Lotta good those emulators are without ROMs.

          • AnyOldName3@lemmy.world
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            2 days ago

            It was a valid point - Nintendo could sue the twelve year old for putting Mario fanart on their fridge, but they’d struggle to show damages, so even if they were only doing it to prove a point about how litiguous and evil they could be, it would be enough of a waste of money that they wouldn’t bother.

            • JackbyDev@programming.dev
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              2 days ago

              A 12 year old putting Mario fanart on their fridge is not copyright infringement. They didn’t distribute it. It’s their house.

              • AnyOldName3@lemmy.world
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                1 day ago

                It’s a common misconception that distribution is required for infringement. Fanart that’s never shared still copies the likeness of a copyrighted character, and copying copyrighted stuff (outside a few very specific exceptions, e.g. fair use for parody, critique or education, making a single backup in case the copy you bought is damaged etc.) isn’t legal. As there are obviously no damages, no one ever gets in toruble for it, but that doesn’t mean it’s legal.

    • Dudewitbow@lemmy.zip
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      2 days ago

      they sued yuzu not for making the emulator, but passing roms in a back room and using nintendos IP as marketing material for their content.

      Ryunjinx was silently paid off behind the scenes.

      making the emulator was not the problem, it was the actions surrounding the emulator that did the team in

    • taiyang@lemmy.world
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      2 days ago

      Well, they are still quite aggressive in take downs of rom distributors. Luckily it usually just makes those specific roms unavailable for some time, rather than full site takedowns (although that has happened.)

      Also every fan version of a game, like Metroid 2 fan remake, gets a takedown notice. :/