this post was submitted on 04 Mar 2024
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This shouldn't need to be the case; emulation is legal and has been tried by the courts in several jurisdictions.
Sucks that laws like the DMCA make it illegal to bypass encryption for the sake of emulation or other fair use, so the legality of emulation isn't really "enough" in the face of even rudimentary protections.
The nice thing about loving on a global society is that this can still be legally pursued elsewhere and we can all benefit. (Or coordinated/shared on the dark web, which can be untraceable even for those living in justifications where it might be illegal.)
In this case, they'll be fine. They made a LLC and didn't take any personal liability in the settlement. They can just declare bankruptcy and fold.
Emulation may be legal on paper, but in the end, we are rarely ever a match for such massive corporations, and a legal system that lets them get away with outspending you on legal fees.
IANAL, but there are a bunch of carve outs for these purposes.
It's unclear how this would have actually shaken out, but probably just because Nintendo is Nintendo, it would have gone in their favor. And yuzu didn't want to be the one to set bad precedent for any future endeavors.