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] 413 points 10 months ago* (last edited 10 months ago) (30 children)

I have a .zip containing the latest early access version of Yuzu, for Windows and Linux. It includes the emulator, all required decryption keys, the latest firmware for game compatibility, a tool to automatically download mods, and a convenient guide on how to acquire ROMs.

I will forever distribute this .zip in a non-limited download link to anyone who asks me. Forever. You can PM me today and I'll send it, you can PM me in 5 years and I'll send it. Please feel free to do so. It's not illegal to share where I live, so I'll share. But do it via PMs, as to avoid causing trouble to the community.

Again, forever. If you're reading this in the future, unless I'm dead (my mental health is a bit shaky), I'm sending you a fully functional Yuzu pack.

Have a nice day.

[–] [email protected] 62 points 10 months ago (1 children)

Would you consider posting the SHA256 of the download so future pirates may cross reference with this comment thread? Y'arr.

[–] [email protected] 79 points 10 months ago* (last edited 10 months ago) (5 children)

Good idea!

SHA256 (.zip): 81c3101348abff9eb7ca55bdb14464eb4b1011d288b3285c91a013a62a1fea94

SHA256 (most recent download link): 120288a5781e23f2c4767c6448a33f2803ab1d45943301441315aa20b78c7fc5

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[–] [email protected] 46 points 10 months ago (1 children)

Hang in there, friend, there any many more Nintendo games coming that we must enjoy through piracy to stick it to Nintendo, don't leave just yet.

[–] [email protected] 23 points 10 months ago

Thanks! May we all enjoy gaming together :)

[–] [email protected] 28 points 10 months ago

I'm sorry to hear that your mental health is shaky at the moment. I hope things get better for you soon, friend.

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[–] [email protected] 196 points 10 months ago (12 children)

God I hate Nintendo, I hate them so goddamn much it's impossible to find words to express myself.

[–] [email protected] 49 points 10 months ago* (last edited 10 months ago)

There are so many things that add up over time. I wouldn’t say I hate them just yet, but I‘be stopped buying their products. The way they go about their business just rubs me the wrong way. If the only way to try to communicate that is disengaging from any of their offerings, be it games or the new switch. Yea, I’m out.

[–] [email protected] 37 points 10 months ago (1 children)

I feel the same. They are really disgusting , greedy and shitty company. I would not spend a single cent on their products.

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[–] [email protected] 127 points 10 months ago (3 children)

the funniest shit about the paperowrk is that nintendo indirectly says nintendo is doing illegal work because they claim a video game emulator is a piece of software that allows users to unlawfully play pirated video games that were published for a specific console on a general purpose device.

they either have to say NSO/Nes/Snes classic are not emulation, or admit their definition of emulators is not the universally accepted definition of it, else Nintendo just Claimed Nintendo is serving up and charging for an unlawful service that is NSO.

[–] [email protected] 54 points 10 months ago (1 children)

FWIW you can lawfully play pirated games, so that means nothing.

[–] [email protected] 75 points 10 months ago* (last edited 10 months ago) (4 children)
[–] [email protected] 22 points 10 months ago (1 children)

That’s a funny one too me, because they are the original source when you dig your way down, so how are they doing anything wrong there?

Yeah it’s someone else’s work… which isn’t there’s anyways… so isn’t it always nintendos then?

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[–] [email protected] 122 points 10 months ago (3 children)

18 million copies sold and they're pulling this bullshit. Fuck Nintendo at this point.

[–] [email protected] 55 points 10 months ago (3 children)

They could have sold 19 million copies though. Won’t someone think of the billion dollar corporations?

[–] [email protected] 42 points 10 months ago (4 children)

I feel like a large number of the people pirating wouldn't have bought the game even if it was their only option. Then there's people who pirated and bought the game both. Unrealized profit is not the same as losing money.

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[–] [email protected] 91 points 10 months ago

Emulators are not illegal. Fuck off Nintendo.

[–] [email protected] 89 points 10 months ago (3 children)

What's more, is that from these passages, it sounds like Nintendo even wants backups of games you have lawfully purchased to constitute copyright violation and made illegal (because they have to bypass encryption, therefore violating DMCA). I'm not fluent in legalese though, so correct me if I'm misinterpreting:

[–] [email protected] 54 points 10 months ago (6 children)

These passages imply the writers of them lack basic computer literacy and don't even understand Nintendo's own systems.

  • "copied the game ROMs into Yuzu" Yuzu is not a VM or other container and the ROMs are simply stored on disk in their original dumped form... Yuzu doesn't "store" or "contain" any games.

  • "any copy not on an authorized cartridge" LOL! What about games downloaded from your own digital marketplace, then?

What about a game you downloaded from Nintendo eShop and stored on an external SD card, which is a standard and well supported storage method on Switch? Is that SD card an "authorized cartridge"?

[–] [email protected] 16 points 10 months ago* (last edited 10 months ago)

The authorized cartridge thing would hopefully be ignored due to several other times Nintendo tried to stop developers like Tengen from bypassing their licensing system and developing their own carts for the NES (you know those weird ones that were usually blue or black? Those were "illegal" in Nintendo's eyes but they lost every single case they took against them to try and stop them from being made).

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[–] [email protected] 27 points 10 months ago (8 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.

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[–] [email protected] 81 points 10 months ago

Fuck you, Nintendo.

[–] [email protected] 71 points 10 months ago (6 children)

Don't know how good a case Nintendo has here unless it can prove that Yuzu itself contains proprietary code that allows the ROMs to be played. If the decryption is being done on the ROMs' end, then that's just another reason to go after the ones dumping and distributing the ROMs. Nintendo couldn't even substantially stop Dolphin, and Dolphin actually had a decryption key straight from Wii firmware in it. Good luck to them, but they're likely going for the wrong legal target. Taking down what ROM sites they can (which would legally be a lot easier than the emulator makers) is just getting rid of drops in the ocean of the ROMs' spread, but they're the target Nintendo should be going after.

[–] [email protected] 50 points 10 months ago (4 children)

Somebody correct me if I'm wrong, but I don't think Yuzu has any proprietary code. Folks have to go to other websites to download the Switch firmware and keys needed to play games.

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[–] [email protected] 41 points 10 months ago

They don't, they just want legal money drain u til they cave. Nintendo is abusive af.

[–] [email protected] 31 points 10 months ago* (last edited 10 months ago) (1 children)

DMCA § 1201 is the anti-circumvention clause. It makes it illegal to circumvent DRM, no copyrighted content reproduction needed.

Yuzu may have defenses if they clean-room broke the encryption, but it's a fight that will be difficult because the statute itself is unreasonable - essentially outlawing using knowledge to circumvent access controls. To those of us who know about this statute and its history in attempt to lock-down content, it's a serious scumbag move because they may actually win. The statute is terrible and has been since it was enacted in 1998.

They also seem to be asserting a secondary liability argument - i.e., the infringement of users is Yuzu's responsibility because Yuzu allegedly facilitated piracy, or recklessly moved forwarded when it knew or had reason to know it would be used as such. This is harder to prove.

Even if Nintendo doesn't win the suit (but they may win it), they already "won" by filing because this will have a chilling effect on legitimate emulation.

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[–] [email protected] 54 points 10 months ago (1 children)

Typical Nintendo move. So sad to see Yuzu possibly going down this way. Even looks like Nintendo might win this one. I'm just gonna download the entire source from GitHub just in case.

I wish this would just go full hydra mode if it goes down though. Start popping up new anonymous accounts releasing the source code everywhere.

[–] [email protected] 54 points 10 months ago (2 children)

Yuzu may go down, but Nintendo hasn't learned the lessons of the Streisand effect and the hydra effect. The code is open source. 10 more projects will pop up the day after Yuzu goes down (IF it goes down.)

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[–] [email protected] 50 points 10 months ago (1 children)

I sincerely hope that Yuzu developers don't end up like Gary Bowser and have their income garnished for life by Nintendo.

[–] [email protected] 25 points 10 months ago (8 children)

As much as I dislike Nintendo and wish Yuzu devs all the best I'd like to point out that Bowser wasn't some innocent guy who was caught by big bad company - Moonie has a video that goes into specifics about his involvement with a pirate enterprise worth a shitton of money.

Other than that yeah, I hope they can survive this situation. I wonder if Ryujinx devs are next.

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[–] [email protected] 41 points 10 months ago (27 children)

Booo! Nintendo sucks! This was decided 30 years ago. Emulation is not illegal.

[–] [email protected] 18 points 10 months ago

Yeah and none of the switch emulator stuff I've seen comes bundled with the firmware. You have to track that down separately or dump your own from your Switch.

This sure looks like like a slapp suit to me.

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[–] [email protected] 41 points 10 months ago (3 children)

maybe if their games went on sale more..

[–] [email protected] 63 points 10 months ago

"Fuck you, here's a switch port for a Wii U game. It's $15 more expensive than the original release because fuck you that's why."

-Nintendo

[–] [email protected] 41 points 10 months ago

Maybe if emulating the game wasn't often better than playing it on the only hardware the game is made for...

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[–] [email protected] 39 points 10 months ago* (last edited 10 months ago) (5 children)

How can I donate to the Yuzu devs to fight Nintendo on this?

[–] [email protected] 62 points 10 months ago (6 children)

Brother.. Nintendo's net income last year was 3.1 BILLION dollars. There is no "fighting Nintendo".

Let's be real homie. Yuzu is done. Downvote me all you want after I post this.

As much as we all love Yuzu, the dev's had to have known this was coming.

I don't want to be one of those dudes that keeps harping on the "Nintendo should be FOR preserving old games". We all know Nintendo will continue to kick down ANYONE so much as glancing in their I.P. 's general direction.

Nintendo does what you Nintendon't want. Always.

Extreme capitalism stifles and suffocates innovation and preservation.

[–] [email protected] 27 points 10 months ago (13 children)

They didn't expect it to happen because of all of the landmark rulings in the past that emulators are inherently not illegal unless they provide bios to the end user. The only reason why Nintendo is acting now instead of years ago when Yuzu first hit the scene is because it's in basically a fully working state now and they somehow verified that 1,000,000 people downloaded TOTK. I suspect far more copies of BOTW and Mario Odyssey were downloaded prior.

[–] [email protected] 23 points 10 months ago (2 children)

The thing is whatever beef they might rightfully have with 1,000,000 people pirating TotK, it's not the emulator who's to blame. The ones who distributed pirated copies are. They are trying to pin it entirely on the wrong group, out of convenience/intimidation.

This is like suing a motorcycle company because a thief used one as a getaway vehicle.

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[–] [email protected] 28 points 10 months ago (1 children)

As the sweetest revenge maybe someone should leak all Switch games and DLCs into the public Internet.

[–] AGD4 22 points 10 months ago* (last edited 10 months ago)

I Found It!

:)I reckon that's the point you were making?

[–] [email protected] 18 points 10 months ago (4 children)

They might have a case if yuzu is actually decrypting switch software. That would be stupid of the developers, though. I would assume that they require you to provide decrypted games.

That's basically the only leg nintendo has to stand on here, but nintendo can out lawyer you into the poor house regardless.

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