Im not a lawyer, but is this really good news? Isnt this just setting a precedent that Nintendo can shake down any emulator developer for ~2.4m any time they feel like it? So small developers are basically screwed?
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Why is this a sigh of relief? Nintendo has bullied an emulator's dev team and got $2.4 millions out of it. If I was an emu dev, I certainly would not be happy with this news.
Nintendo went after a emu dev team that was actively (and demonstratively) enabling piracy for something they are currently selling. On top of that, the dev team is making significant money off of that work, to the tune of 30k/mo. Every other dev is probably thinking "finally, the other shoe drops on this obvious outcome", most avoid making money off it, and also avoid current systems, both for just this reason. The relieving part is Nintendo's argument isn't about the emulator specifically, there's nothing in the injunction stopping yuzu from continuing, and a settlement means no legal precedent.
Edit: Read more, the settlement includes stopping development.
They were not actively enabling piracy at all. Piracy discussion was banned on all their platforms as well as any information on how to get software title keys illegally. They did everything right and were still bullied out of 2.4 million
got $2.4 millions out of it
Did they really? I doubt their LLC had that much money. But honestly I don't even know what or how much money they would have there, I guess it was used for the webpage and similar, maybe pay themselves from the Patreon... but I guess that would be gone monthly... Idk.... Maybe they rented some office space??? Idk...
They will declare it bankrupt and that's the end of it....and unless they owned something with it which I doubt there isn't much assets if any to give Nintendo or sell.
FOSS emulator developers need to learn that since the DMCA was passed, the state is hostile to them. It isn't fair and it doesn't matter that the Sony v Bleep lawsuit set precedence that emulators are legal because the DMCA is so vague that a judge can rule can rule it is impossible to legally emulate copy protected games. Developers need to start exclusively contributing and maintaining their projects through a pseudonym with no ties to their real identity or move to countries where shit like this doesn't happen.
The main link is to the motion paper. This is the link to the actual agreed-upon final judgment and injunction:
https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf
In short, Yuzu agreed to stop developing and distributing the emulator, cannot distribute source code, assign it to a new entity, encourage any IP violations, and must surrender their domain.
The findings also include admissions that the purpose of the Yuzu software was "primarily" designed to circumvent technical measures in violation of the DMCA.
So it appears Yuzu didn't "win" in any real sense. Nintendo got a chilling amount of damages, effectively their full injunction, and also some agreed-upon "findings of fact" that may serve Nintendo in future litigation to justify claims that emulators are "primarily" designed to circumvent technical measures and circumvent the DMCA.
Someone mentioned this on Reddit, but I wonder how poorly discovery would have gone for Yuzu if the lawsuit had continued.
I can't imagine they were super careful about not bringing up the piracy side of things in various internal and even external communications. I can't help but wonder if they basically talked about or even bragged about how much money they get from adding support for games like TotK.
This is bad.
Its bad for Yuzu/Tropic Haze. But it is "not bad" for emulation as a whole because there was no legal precedent.
If nintendo decides to continue to strong arm emulator teams into shutting down that is going to be really bad. But that is ALSO when activist orgs tend to get involved and foot the bill/provide lawyers because they want the precedent that prevents those kinds of lawsuits.
You think Nintendo is just going to stop? They can get an easy couple of million now by going after anyone with an emulator. I'm sure they could even go after discontinued console emulators too now they have a shitty service to play their old games.
No they can’t get an easy couple million from any emulator lol, only from emulator developers making millions of dollars from their emulator…which is basically only Yuzu.
Interesting. Wonder what that means in terms of github. Yuzu isn't technically distributing the source, is Nintendo taking ownership of it? What stops someone from forking the repo? Who is "yuzu" that's paying this bill?
Presumably forks remain public on Github at their own risk, but Nintendo may shift to a DMCA removal policy now that are about to have a judgment.
The judgment has two sections, one for people who have "privity" and more direct relationships with Tropic Haze, and another for "all third parties acting in active concert and participation with" Tropic Haze. The latter enjoins only sharing code and decryption keys. So it certainly sounds like this was drafted to capture, in the Court's order, people who don't have a relationship but are code-forking.
Nintendo doesn't have nearly as clean legal leverage for randos and individuals that don't have a company built around this emulator, but I actually predict they'll do GitHub DMCA removals on forks based on a broad reading of the injunction.
Given that it's GPL software, though, I expect someone else will pick it up before too long.
But I can think of 2.4 million reasons why it won't be. So sad.
That fork will probably be nuked from GitHub soon people better make local copies and a p2p version of the repo if they want it to continue existing
Honest question: Where the hell are they gonna come up with 2.4 mil?
I have no clue how Yuzu as an organization is funded.
I believe they take subscriptions for early release builds of the emulator.
I appreciate the straightforward answer, thanks!
But uh... fuck. This fucking sucks, Yuzu is basically dead now, they have to disband and take down their code.
If Yuzu lives it will only be pirate copies floating around, further development will... basically have to go underground more like game crackers, as this very settlement establishes that Nintendo will sue you into oblivion if you publicly work on this.
Yeah, it's pretty disappointing. I keep hearing people say it'll get forked and people will continue the work. All I can say is "lol."
Nowhere? They will be bankrupt and shutdown the LLC. Whatever their LLC accounts has will go to Nintendo, and any other asset the same. But I doubt they had pretty much anything, maybe the latest Patreon payment and maybe some extra money to pay websites and maybe any office or similar if they rented anything.
Will Citra be affected?
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