this post was submitted on 27 Feb 2024
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Nintendo's full case filing


https://twitter.com/stephentotilo/status/1762576284817768457/

"NEW: Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo's software encryption and facilitates piracy. Seeks damages for alleged violations and a shutdown of the emulator.

Notes 1 million copies of Tears of the Kingdom downloaded prior to game's release; says Yuzu's Patreon support doubled during that time. Basically arguing that that is proof that Yuzu's business model helps piracy flourish."

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[–] [email protected] 27 points 1 year ago (2 children)

Ah corporate Lawyer BS, pointing out what they want to be true and not pointing out the other. ROMs are legal under existing Copywrite laws under archival laws in the USA (117) and backup laws in Canada (29.24). The Americans have a bit more of a restricted way of using their archives, but that's not needs to be argued here, as it appears that Nintendo is blaming Yuzu for actions of the general consumer. It'll be like blaming your Network provider for allowing a user to download a movie, both legally and illegally, thus they should be punished for both actions.

I also love that Nintendo isn't not stating it's illegal here, just that it's infringing because it's not authorized.

[–] [email protected] 14 points 1 year ago

It'll be like blaming your Network provider for allowing a user to download a movie

Which, by the way it was recently ruled in the US that ISPs can't be punished for that. article source

[–] [email protected] 7 points 1 year ago (1 children)

Nintendo is blaming Yuzu for actions of the general consumer

If you read the dmca, that's something you can do. Making tools that enable others to break copyright protection is specifically disallowed. Which is why it's one of the more insidious copyright laws

[–] [email protected] 10 points 1 year ago (2 children)

However, the thing is that Yuzu doesn't do that. Yuzu doesn't include any form of tooling that breaks encryption, facilitates ROM dumping or offer downloads of Nintendo Copyrighted software. They aren't facilitating it, the user has to provide all of that chain of the emulation on their own. Hopefully this would be obvious to a judge.

[–] [email protected] 2 points 1 year ago

it decrypts games using your console keys though? i've seen mention of that in their docs so i'm not sure, but yeah if it does that, it's similar to things that decrypt blurays. feasibly against the dmca because of how broad the dmca is.

[–] [email protected] 2 points 1 year ago (1 children)

Yuzu doesn’t include any form of tooling that breaks encryption

You cannot state that with certainty. That's the problem.

Yuzu does indeed include a method to use the Switch's production keys (which you must dump yourself) to decrypt the games. Whether this constitutes effective DRM is not a question that can easily be answered and must be decided by a court on a case-by-case basis.
This will be what the case will hinge on: Is Ninty's scheme effective DRM?

I would say no because symmetric encryption with a publicly known key may aswell be no encryption at all but that's not my decision to make.

They aren’t facilitating it, the user has to provide all of that chain of the emulation on their own.

Um, no. The emulator is doing the decryption on its own. All the user does is provide the prod keys and unmodified ROM.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

Yuzu itself doesn't provide tools to dump keys and Roms from the Switch. The user has to procure them, or the means to dump them, themselves. Thus Yuzu doesn't facilitates DRM circumvention. The user has to solve that part on their own. They do provide guides for how to do it on their website. But Yuzu themselves don't make or distribute the tooling, and Yuzu the software is incapable of doing it.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

The dumps are just that: Dumps; 1:1 copies.

The tools don't decrypt anything; that happens within Yuzu. Why else would users need to provide the prod keys to Yuzu?

[–] [email protected] 1 points 1 year ago

To dump the keys, third party tools rely on DRM circumventing sploits. You essentially have to hack your own device, certain versions of Switch and certain software updates are no longer susceptible. But it remains that Yuzu doesn't do any of that. Those tools and sploits were developed by others.