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Nintendo lawsuit states emulation "illegal" and even linking to emulators is "trafficking"....and even worse stuff

VGEsoterica

VGEsoterica

Member
and before anyone thinks the thread title is fear baiting...I read the entire document over the weekend and my background outside of filmmaking is entertainment business law and spent years in copyright

While the newest "Nintendo sues streamer" lawsuit is KINDA justified as the streamer may be one of the largest idiots on the block (taunting Nintendo with pirated software and basically forcing their hand) it's no surprise that AGAIN Nintendo has cherry picked a lawsuit that is a slam dunk win / settlement on at least MOST of the merits of the case as they will have one more civil suit to point to that foundationally backs up the reality they want...a reality where emulators are not legal

In one passage Nintendo describes no legal use case for Switch emulation and states back ups are not permitted, where our current precedent allows for both for "interoperability of software" and "archival purposes". Nintendo just basically SAYS "NO...not allowed" and sues

My favorite being a passage where they state the mere act of linking to a Nintendo Switch emulator is a "trafficking offense"....like you are the Tony Montana of emulation if you give someone a link to an emulator. It rises to the level of absurd but it's in the lawsuit verbatim

Just a straight up grab from Nintendo on a case they know they cant lose on the portion the streamer was an idiot on; streaming pre-release bootleg software and telling others how to get the same bootleg software themselves.

But it presents a nice wide open door for Nintendo to Kool Aid Man through

 
lh032

lh032

I cry about Xbox and hate PlayStation.
Fox Tv Popcorn GIF by The Four

its coming now.
 
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VGEsoterica

VGEsoterica

Member
LordOcidax said:
Another… Two in one day. Nintendo is evil….
Click to expand...
that means we know Switch 2 is going to be announced soon. This is all Nintendo doing a full court press to scare anyone off on attempting Switch 2 emulation because it's going to be successor hardware in the same nuclear family as far as the NVIDIA chipset is concerned which means Switch 2 emulation attempts have a huge head start
 
VGEsoterica

VGEsoterica

Member
Brigandier said:
Honestly I hope Nintendo get brought down a peg or two regarding emulation.... Fucking shit house company that are the worst of the "big 3" for game preservation.

Fans and emulator devs who Nintendo hate so much keep their history alive better than they do...
Click to expand...
But how else can they sell you the same 30 games every console generation for the rest of your life?
 
Solarstrike

Solarstrike

Member
Nintendo isn't making a wise decision(s) in their constant assumptions and accusation, smh. They've targeted people to include those that genuinely love Nintendo games and wish Nintendo continued success. It's been going on for far too long and sooner or later the public will show their frustration in Nintendo's discourse, through their pocketbooks. As of now, Nintendo really needs to focus on releasing the Switch II/Super Switch/Switch Pro before the *new tariffs hit. Otherwise, people are not going to pay the added cost and shareholders will be dumbfounded. *See SONY PS5 Pro current sales as example

*the United States Trade Representative (USTR) will impose a tariff on certain Chinese imports, including video game consoles, controllers, and other hardware accessories. The Entertainment Software Association (ESA), the US trade association for video game software publishers, has provided comments on the proposal and are currently reviewing what could very well be a negative impact on the industry. In addition to tariffs, China has also announced other rules that may impact the video game industry.


super mario 64 GIF
 
RoboFu

RoboFu

One of the green rats
The switch was basically emulated and roms dumped day one so I'm not surprised they want emulation of their consoles gone.

People need to buy those Nintendo console everdrives before Nintendo goes after them as well.
 
nkarafo

nkarafo

Member
LordOcidax said:
A big company wants to do business with their intellectual property… Nintendo are scums.
Click to expand...
Yes, they are scum.

Is there a reason i should buy Ocarina of Time again in order to be able to play it on their new console?

I already bought the original one. I also bought it on the Wii VC. So i bought the same game twice already and i'm not talking about a remaster or anything... The same game.

So what if i play it on an emulator then? I don't give a shit about any other Nintendo console and i know i won't be able to play any of my bought copies there. So i play them on my PC for convenience because i don't want to have a N64 or a Wii connected (both consoles i already bought). What's your problem?
 
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StereoVsn

StereoVsn

Gold Member
VGEsoterica said:
and before anyone thinks the thread title is fear baiting...I read the entire document over the weekend and my background outside of filmmaking is entertainment business law and spent years in copyright

While the newest "Nintendo sues streamer" lawsuit is KINDA justified as the streamer may be one of the largest idiots on the block (taunting Nintendo with pirated software and basically forcing their hand) it's no surprise that AGAIN Nintendo has cherry picked a lawsuit that is a slam dunk win / settlement on at least MOST of the merits of the case as they will have one more civil suit to point to that foundationally backs up the reality they want...a reality where emulators are not legal

In one passage Nintendo describes no legal use case for Switch emulation and states back ups are not permitted, where our current precedent allows for both for "interoperability of software" and "archival purposes". Nintendo just basically SAYS "NO...not allowed" and sues

My favorite being a passage where they state the mere act of linking to a Nintendo Switch emulator is a "trafficking offense"....like you are the Tony Montana of emulation if you give someone a link to an emulator. It rises to the level of absurd but it's in the lawsuit verbatim

Just a straight up grab from Nintendo on a case they know they cant lose on the portion the streamer was an idiot on; streaming pre-release bootleg software and telling others how to get the same bootleg software themselves.

But it presents a nice wide open door for Nintendo to Kool Aid Man through

Click to expand...

I really hope someone takes them to court with enough money for the lawyers. It’s unlikely, but wouldn’t that be nice.

Hate their anti consumer stance.
 
StereoVsn

StereoVsn

Gold Member
nkarafo said:
Doesn't matter, whoever has more money wins.
Click to expand...
Yep, most independent devs working on emulators don’t have the lawyer money to defend against frivolous lawsuits. Basically Nintendo just needs to make the whole proposition of working on emulation uncomfortable enough to scare off majority of contributors.
 
bender

bender

What time is it?
nkarafo said:
Right.

Is there a reason i should buy Ocarina of Time again in order to be able to play it on their new console?

I already bought the original one. I also bought it on the Wii VC. So i bought the same game twice already and i'm not talking about a remaster or anything... The same game.

So what if i play it on an emulator then? I don't give a shit about any other Nintendo console and i know i won't be able to play any of my bought copies there. So i play them on my PC for convenience because i don't want to have a N64 or a Wii connected (both consoles i already bought). What's your problem?
Click to expand...

So dump your cart and emulate your ROM on PC. Nintendo isn't going to go after you and if they do, challenge them in court. That's not what happen with this idiot from Colorado. And that's not excusing Nintendo for the line stepping.
 
marquimvfs

marquimvfs

Member
Zacfoldor said:
Is is correct that brand new Nintendo games that were not even released yet were available to play online via emulator for free?

Yes or no?
Click to expand...
You entirely miss the point. The game was available to download before launch, period.
It was not available because or with the emulator. It could very much be played in a modded Switch if the emulator didn't existed, and the emulator itself isn't a tool to make copies or distribution of such game, you need a real modded switch to extract any game and distribute in the internet.
It's like Microsoft sues Parallels because people are installing pirated copies of unlaunched Windows 12 in MacBooks.
 
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nkarafo

nkarafo

Member
bender said:
So dump your cart and emulate your ROM on PC.
Click to expand...
But if "emulation is illegal" then i won't even be able to do that.

It's not like they are going for roms and stuff, they are are attacking the concept of emulation. Isn't that what OP is suggesting?


bender said:
Nintendo isn't going to go after you and if they do, challenge them in court.
Click to expand...
I couldn't afford it.
 
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LordOcidax

LordOcidax

Member
nkarafo said:
Yes, they are scum.

Is there a reason i should buy Ocarina of Time again in order to be able to play it on their new console?

I already bought the original one. I also bought it on the Wii VC. So i bought the same game twice already and i'm not talking about a remaster or anything... The same game.

So what if i play it on an emulator then? I don't give a shit about any other Nintendo console and i know i won't be able to play any of my bought copies there. So i play them on my PC for convenience because i don't want to have a N64 or a Wii connected (both consoles i already bought). What's your problem?
Click to expand...
That’s your decision… But is obvious that a big company like Nintendo wants to do money with their IPs and they are going to do everything to prevent people from playing their games without paying… I think that Streamers that are playing Nintendo pirate games are hurting more the Emulation scene than Nintendo. Nintendo legal department are just doing their jobs.
 
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bender

bender

What time is it?
nkarafo said:
But if "emulation is illegal" then i won't even be able to do that.

It's not like they are going for roms and stuff, they are are attacking the concept of emulation. Isn't that what the OP is suggesting?
Click to expand...

Thus me saying, I'm not excusing Nintendo's line stepping, but you can't expect no response after what this idiot allegedly did by repeatedly encouraging piracy after having multiple channels on various streaming platforms axed.
 
Hero_Select

Hero_Select

Member
Let's not pretend that the vast majority of people aren't using emulators to pirate/get games for free, there are dozens of easily accessible websites to download ROMS and ISOs and the ones who Nintendo are going after are dumbasses who flaunt it and try to make money out of it.
 
nkarafo

nkarafo

Member
bender said:
Thus me saying, I'm not excusing Nintendo's line stepping, but you can't expect no response after what this idiot allegedly did by repeatedly encouraging piracy after having multiple channels on various streaming platforms axed.
Click to expand...
I still don't see how attacking emulation as a whole justifies this.

Attack rom pirating sites and people downloading roms. Attacking emulation makes no sense.
 
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