"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."
It’s illegal to circumvent copy protection under the DMCA (something I wholeheartedly disagree with), but it’s not illegal to make something that can be used to circumvent copy protection.
It is explicitly illegal to produce any thing whose purpose it is to circumvent DRM:
(1) No person shall manufacture,
import, offer to the public, provide, or otherwise traffic in any
technology, product, service, device, component, or part thereof,
that—
(A) is primarily designed or produced for the purpose
of circumventing protection afforded by a technological measure
that effectively protects a right of a copyright owner under
this title in a work or a portion thereof;
I'm telling you, that law is mental.
In fact, there are exemptions to that provision and one of them states that circumventing copy protection in order to play a video game using assistive technologies is legal.
Could you point that specific exception in the law? I can't find it.