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Cake day: July 31st, 2023

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  • Yeah… I looked at the project’s subreddit, and I don’t expect it to last long. The creator’s idea of avoiding Nintendo’s legal team boils down to “assert emulation is legal and condemn piracy within our dev team and community.”

    I don’t mean to be a dick, but I don’t think the guy knows what he’s doing. The only way an actively-maintained fork is going to avoid the same fate is if they either give up before Nintendo cares, or:

    • Stripped out the code that gave Nintendo’s argument validity in the first place;
    • Did not make money off the project; and
    • Stayed far the hell away from retail game emulation, focusing on perfect compatibility for homebrew entirely.

     

    Even then, there’s a good chance they’re screwed either way. The original Yuzu devs agreed to Nintendo’s terms of explicitly naming Yuzu as a circumvention tool. Settlements don’t serve as precedent, but I suspect it’s going to be extremely hard to argue that a minimal derivative of a circumvention tool is not still a circumvention tool when the original creators stated they designed it as such.




  • Almost. The technical stuff is going to be a bit butched, but I’ll drop the legal speak and be more human for a minute:

    What makes this unique isn’t that Nintendo is going after them for providing the keys, but for actually using them. Yuzu asks the user to dump or acquire prod.keys on their own, and then it uses that to read encrypted data. The fact that it does that, regardless of whether the keys were obtained legitimately or not, is where the argument that it’s a DRM circumvention tool lays. Yuzu itself is supposedly “circumventing” Nintendo’s DRM process by using the keys in a way that bypasses all of the protections that Nintendo put into place to prevent the games from being loaded on non-Switch hardware.

    The Yuzu devs’ willingness to have FAQs and a quick start guide explaining the requirements and steps to emulate commercial games on Yuzu is definitely going to bite them and undermine any defense they had for not knowingly marketing it as a circumvention tool. Another criterion is that Yuzu has to have some commercial significance if it were to lose its ability to circumvent DRM. And, as we know, it’s an emulator…

    The best chances they have is to convince the judge that Yuzu isn’t primarily designed as a circumvention tool (which, once again, isn’t helped by their guide on how to run commercial games) or that it falls under the accessibility exemption added recently.


  • Nintendo’s argument in the filing is that Yuzu is designed primarily for circumventing the Switch’s encryption (a.k.a. copyright protection measures). Their justification is that Yuzu uses prod.keys to decrypt various things like the ROM filesystems and the system firmware*. Ryujinx also uses prod.keys, so they would be just as legitimate of a target for that argument as Yuzu is.

    Personally, I think they chose to go after Yuzu first because it’s more popular and runs at playable framerates on modern Android devices. If the lawsuit goes in Nintendo’s favor, I guarantee they’ll immediately use that precident to make the same argument against and swiftly kill Ryujinx.

    *This is actually a valid argument that is not affected by past suits like Bleem v. Sony.