this post was submitted on 27 Feb 2024
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This is not really the same thing.
The Apple lawsuit was about running unsigned code on the iPhone, which courts deemed that Apple couldn't use copyright as a tool to enforce its walled garden.
Nintendo isn't arguing about people modifying their switch to run homebrew. They're arguing that to use Yuzu you need to provide it with a copy of the decryption keys and system firmware which must be either extracted from a Switch or distributed illegally.
This is a much stronger case in Nintendo's favor, than the Apple jailbreak one. Although, I suspect the Yuzu dev has a better case as it's already legal to back up discs and ROMs as long as you dont distribute them and they're not responsible for other people's actions if they choose to break copyright
IIRC Sony lost their lawsuit which was almost identical to Nintendo's. I'm guessing they are hoping for a far friendlier conservative court.
spoiler
asdfasdfsadfasfasdfNo, it's not.
The case Sony lost also relied on the end user having a blob of Sony's code. A user using their own key and a blob of Nintendo's firmware, which is the official stance of Yuzu on the correct way to do so, is exactly the same thing. There's nothing new to be litigated. Every part of Yuzu is very clearly legal.
The fact that it was used to play a game before official release straight up cannot possibly be relevant. It's a distraction. The project isn't, and isn't capable of being, responsible for anything but its own code.
safasfaf
By existing. (Yes, that's the only argument they made. There is no assertion that anyone associated with Yuzu "cracked" (not necessary) or actively distributed TOTK.)
It's a distraction. It's literally impossible for it to be relevant unless the yuzu project page hosted TOTK files.
asdfsafdfaf
They lost, but killed the dev through attrition.
Emulation has also been litigated to hell and is also very clearly legal.
As long as they don't distribute copyrighted material, they should be good. Hopefully a judge throws this out due to no evidence of actual copyright violation.