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Here’s hoping Nintend’oh gets laughed out of court. Didn’t it already get settled that emulation is perfectly legal? Particularly by a Nintendo suit before?
Emulation itself is legal, which is why the complaint is about circumvention of protections under the DMCA.
Nintendo alleges that Yuzu does that, and while it needs the help of prod.keys for it, yuzu does give instruction on how to obtain that. Nintendo argues that this shows how Yuzu is there (primarily) to break their protections.Now, Yuzu has some defenses.
- It may argue that the point “limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected” may be moot, as yuzu has no commercially significant purpose. The 30k they get per month in donations won’t help that case much, but a nice calculation about 212 contributors to the project over 10 years may soften that counter argument.
- It may argue that Yuzu allows disabled people better access to games, as their controller configurations are way more open than Nintendos.
- It may argue that they (or more specifically the prod.keys issue) is covered by Interoperability. I.e. they are making an Emulator for Homebrew (100% legal). Now that they have this work, for interoperabilities sake (of Yuzu with official switch games), they include instructions on prod.keys stuff on their homepage.
Most realistic outcome (as I expect):
Yuzu is taken down, the open source project continues, but at a much slower rate. The Case is dropped.The outcome that I’d love to see (but seems way less realistic):
Yuzu gets a significant bump in donations from people angry about this, decide to go to trial and wins.
Result: Yuzu gets more money, Nintendo has cemented more protections for Emulation.
Fuck you Nintendo
Can you imagine Sony losing their shit because they found out people were watching Hotel Transylvania on non-Sony brand DVD players?
