June 14th 2023
Attn: Bender
Dear Bender,
I am an attorney with the law firm Jenner & Block LLP. We represent Nintendo of America Inc. ("NOA"), which, along with its parent, Nintendo Co., Ltd. (collectively referred to herein as ""Nintendo") develops and distributes video games and video game consoles.
The Dolphin emulator is a piece of software that emulates games designed exclusively for Nintendo consoles pecifically the Wii and Nintendo GameCube consoles so the games can be played on other platforms, specifically, any computing device capable of running major operating systems such as Microsoft Windows (particularly the new ASUS ROG Ally), macOS, and Linux, such as the Valve Steam Deck.
As set forth below, because the Dolphin emulator violates Nintendo's intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)'s Anti-Circumvention and Anti-
Trafficking provisions, 17 U.S.C. $ 1201, we provide this notice to you of your obligation to remove post #206 in NeoGAF's (hereby known as "GAF") thread ASUS ROG ALLY | OT + Review Thread | located at:
https://www.neogaf.com/threads/asus-rog-ally-ot-review-thread-steam-deck-but-rogher.1656458/page-5 discussing the Dolphin emulator performance on the ROG Ally.
The Dolphin emulator is designed solely to play Wii and Nintendo GameCube games Nintendo owns or exclusively controls copyrights in Wii and Nintendo GameCube games,' and authorizes third-party licensees who develop thousands more. Nintendo authorizes these games to be played solely on their native consoles.2 To protect Nintendo and its third-party licensees copyrighted works, Nintendo places certain technological measures on its consoles and games These include, among others, encryption on Wii and Nintendo GameCube consoles and games that effectively protect against access to and copying of the copyrighted games (and inherently the ability to play those games on an unauthorized console) Wii and Nintendo GameCube game files, or ROMs, are encrypted using proprietary cryptographic keys. The Dolphin emulator operates by incorporating these cryptographic keys without Nintendo's authorization and decrypting the ROMs at or immediately before runtime Thus, use of the Dolphin emulator unlawfully circumvent
a technological measure that effectively controls access to a work protected under" the Copyright Act. 17 U.S.C. $ 1201(a)(1). Discussion of the emulator, whether by the Dolphin developers or other third-party forum users constitutes unlawful "traffic[king] in a[] technology . .. that . .. is primarily designed or produced for the purpose of circumventing a technological measure ...." 17 U.S.C. $ 1201(a)(2)(A).
We specifically request that this and any other post regarding dolphin be removed and that you ensure to not post in regards to this emulator moving forward. This letter is not intended to be a complete statement of Nintendo's legal position or the relevant facts and law, and nothing contained in this letter is intended to, or does, constitute a waiver of any rights, claims, remedies, defenses, or positions of my client, all of which are expressly reserved.
Nintendo is happy to discuss in more detail should you have any questions.
Sincerely,
Sleepwalker
Meme coordinator at Jenner & Block LLP.