IANAL (and am not a lawyer) but the general takeaway of Sony vs Bleem was “emulation fine so long as you aren’t using proprietary code”. Hence why it is generally “find your own BIOS” and all that.
The nonsense about yuzu is facilitating piracy is going to be a mess. But I do wonder if Tears of the Kingdom is not going to be a problem. Because it was not at all hidden as to why Yuzu et al suddenly had a bunch of mysterious compatibility updates a day or two after the leaked roms went online.
Even the argument that the devs who worked on that had totally legit copies they got from Uncle Greg’s Game Store on 2nd street might get into a mess if nintendo argues those weren’t legitimately sold because they broke embargo date. And it is hard to argue those improvements were for people to play their own dumps.
So yeah. Gonna be real interesting (assuming this isn’t just an attempt to legal fee yuzu to death). Because if I were to put on my day job hat: Doing ANYTHING based on pre-release material is a huge no no since they only had access to it because people violated contracts with Nintendo’s distributors.
And… the more I look at this, the more I think the yuzu devs may have fucked it all up for the rest of us and it really depends on if nintendo’s lawyers drill in on that or continue for the broad reaching stuff.
I mean, like it or not, piracy is incredibly dark grey (if not outright black) in the eyes of the law. Its one of the reasons there is such a strong focus on “abandonware” and “oh, this is about digital preservation” in the various circles. It doesn’t fool anyone but it is at least a stronger protection than the old “Hey FBI. You aren’t allowed to look at my DC++ share” folder that people had back in the day.
Gonna be real interesting how this plays out.
IANAL (and am not a lawyer) but the general takeaway of Sony vs Bleem was “emulation fine so long as you aren’t using proprietary code”. Hence why it is generally “find your own BIOS” and all that.
The nonsense about yuzu is facilitating piracy is going to be a mess. But I do wonder if Tears of the Kingdom is not going to be a problem. Because it was not at all hidden as to why Yuzu et al suddenly had a bunch of mysterious compatibility updates a day or two after the leaked roms went online.
Even the argument that the devs who worked on that had totally legit copies they got from Uncle Greg’s Game Store on 2nd street might get into a mess if nintendo argues those weren’t legitimately sold because they broke embargo date. And it is hard to argue those improvements were for people to play their own dumps.
So yeah. Gonna be real interesting (assuming this isn’t just an attempt to legal fee yuzu to death). Because if I were to put on my day job hat: Doing ANYTHING based on pre-release material is a huge no no since they only had access to it because people violated contracts with Nintendo’s distributors.
And… the more I look at this, the more I think the yuzu devs may have fucked it all up for the rest of us and it really depends on if nintendo’s lawyers drill in on that or continue for the broad reaching stuff.
Can we just take a second to say what utter bullshit it is that “facilitating piracy” is so allowed to be an argument?
How are we in this wacky world where rights holders get to say “what you built allows piracy, we demand total control over you”
I mean, like it or not, piracy is incredibly dark grey (if not outright black) in the eyes of the law. Its one of the reasons there is such a strong focus on “abandonware” and “oh, this is about digital preservation” in the various circles. It doesn’t fool anyone but it is at least a stronger protection than the old “Hey FBI. You aren’t allowed to look at my DC++ share” folder that people had back in the day.
You can argue that Nintendo facilitates piracy by making games that people want to pirate.