this post was submitted on 01 Oct 2024
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[–] [email protected] 50 points 1 month ago (3 children)

From the article:

However, there will be some who argue that these emulation handhelds – which often come pre-loaded with hundreds of games without paying the copyright holders a single penny – are legally dubious at the best of times, and Nintendo is well within its rights to try and shut down any outlet which promotes them.

That is absurd. The copyright holders make nothing regardless, as the games are not for sale anymore.

Switch emulation is definitely up for debate. But hardware and games that are no longer made? Come on now…

[–] [email protected] 13 points 1 month ago

Guess you can't even show videos of legitimate Classics Library content on a real Switch since those are being emulated. 🤷🏻‍♂️

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

Regardless of the legality of the action or the product itself, a video reviewing, showing or reporting on it shouldn't be passable of a copyright claim.

Even if the video shows copyrighted material, it still shouldn't be allowed for Nintendo to claim it, as that would fall under fair use. Just showing a few screenshots of a video game for the purposes of education in an otherwise unrelated video would never fall under copyright infringement.

The piracy argument has nothing to do with Nintendo claiming a video as their own, despite them having no rights to do so.

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

Boom! That's the case. But what YouTuber can stand against Nintendo in court?

[–] [email protected] 6 points 1 month ago (1 children)

these emulation handhelds – which often come pre-loaded with hundreds of games

I can only speak for the retroid pocket I have. It's not far off from a stock android phone, sans camera and modem, plus d-pad and sticks.

It only came preloaded with a few open source emulators available on play store for free in addition to GApps (with official play store support).

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

Anbernic devices in particular are known to ship with an SD card that's preloaded with a fairly large game library. I own a RG351M which did indeed include a cheap card loaded with both the OS and a collection of games by Nintendo, Sega, and many others, plus some strange rom hacks. I immediately swapped that card out for a better one with a better CFW and my own files.

Most other notable names in the emulation handhelds space like Retroid, Ayn, and Ayaneo expect users to be able to provide their own files instead, which I'd say makes more sense.