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Nintendo sue creators of emulator "Yuzu".

Topher

Gold Member
edit: also while there’s some dispute over this, there is evidence that suggests Nintendo might have sold a pirated ROM of their own game instead of doing it themselves legally


Trying Not To Laugh Rooster Teeth GIF by Achievement Hunter
 

Topher

Gold Member
Well its turning a blind eye on piracy but whatever.

No, it is not. Emulation is not piracy. Downloading games illegally is piracy. That applies to both new games and old. Nintendo themselves have proved that time and time again.

Would really like the prove of some of these guys that they rip their own games. I don't believe it.

Thankfully we don't have to prove a thing. Believe what you want.
 

graywolf323

Member
and I mean there’s the Super Mario 3D All-Stars Collection which they sold at $60 for a ‘limited time’ on Switch which was just emulation & not proper ports, Nintendo is fucking greedy as hell

 

Astray

Gold Member
They sent a cease and desist letter to the team that made the Lockpick homebrew app last year under such claims, the difference being that team didn't have a Patreon page that was raking in thirty grand a month, and therefore couldn't fight back and immediately folded.
Or they knew they had no case and thus chose the peaceful ending.
 
Well its turning a blind eye on piracy but whatever.

So here's my opinion on software piracy; I don't give a single ounce of half a f**k about it. It's a complete fallacy to assume that one piece of pirated software equates to one lost sale. It's entirely possible that pirates never would have bought it in the first place.

And fundamentally, piracy is the wrong word, because it's actually replication--aka that thing that we as a society always dreamed about in media like Star Trek. The original thing still exists. At some point in the last say, 10 years, a whole generation of kids somehow got brainwashed by major corporations into thinking that there's some sort of moral equivalency between replicating a videogame and smashing into a store and stealing some Nikes. (Guess those "you wouldn't download a car" ads were most effective than they seemed.)

We should aspire to a place as a society where ideas/software/art can be replicated en masse to reach the broadest amount of people. Pirating hasn't stopped Nintendo from amassing billions of dollars in cash. And I have a hard time believing that, if software piracy didn't exist, Fortune 100 companies like Microsoft would suddenly decide to keep that 8% of their workforce on payroll.
 

pepodmc_

Member
Nintendo suing now makes me wonder if the Next Gen System will be 100% cross compatible to so they feel the need to get emulators out of the way ASAP.
i dont think it will be 100% cross compatible, but the first year and a half various games can be cross gen.
 

Fabieter

Member
No, it is not. Emulation is not piracy. Downloading games illegally is piracy. That applies to both new games and old. Nintendo themselves have proved that time and time again.



Thankfully we don't have to prove a thing. Believe what you want.

I believe that we gamer deserve alot of the shit we regularly get tbh.
 

Fabieter

Member
So here's my opinion on software piracy; I don't give a single ounce of half a f**k about it. It's a complete fallacy to assume that one piece of pirated software equates to one lost sale. It's entirely possible that pirates never would have bought it in the first place.

And fundamentally, piracy is the wrong word, because it's actually replication--aka that thing that we as a society always dreamed about in media like Star Trek. The original thing still exists. At some point in the last say, 10 years, a whole generation of kids somehow got brainwashed by major corporations into thinking that there's some sort of moral equivalency between replicating a videogame and smashing into a store and stealing some Nikes. (Guess those "you wouldn't download a car" ads were most effective than they seemed.)

We should aspire to a place as a society where ideas/software/art can be replicated en masse to reach the broadest amount of people. Pirating hasn't stopped Nintendo from amassing billions of dollars in cash. And I have a hard time believing that, if software piracy didn't exist, Fortune 100 companies like Microsoft would suddenly decide to keep that 8% of their workforce on payroll.

Yo people even admire piracy. Iam done.
 

VGEsoterica

Member
Full disclaimer : Spent the entirety of my career dealing in IP/Copyright/DMCA law...but NOT a lawyer. But am trained and well versed in dealing with all of it on the business side / have dealt with it along in-house legal council many times

So what in the hell is even going on? Nintendo is suing Yuzu and making statements like "emulation is only for piracy" while ALSO stating in their filing that emulation and selling old games is a core component of their business? A little slight of hand to get you to look the wrong way

This is really Nintendo trying to use DMCA to apply circumvention of protection routines or encryption and claim that the Yuzu emulator "circumvents" the entire security system of the Nintendo Switch. Which it seemingly in fact does NOT...as the end user has to provide these files for the emulator to function and decrypt data at run time. Nintendo is claiming that because Yuzu give you directions on how to modify your own Switch that you have purchased (and the law is mostly on the consumers side) to provide these files TO the emulator...they are in fact circumventing the protections in place.

They then argue that backing up software, including software you own, is a copyright violation where US law grants large rights to the end user / owner of said software to create a back up copy for their own personal use. Nintendo arguing against decades of doctrine in US law on back ups of software.

But can Yuzu really stand a legal challenge from Nintendo financially? Thats the 100,000 elephant in the room. Will Nintendo just spend them into having to settle? Because clearly Nintendo is out for blood and they want a "emulation for me, not for thee" world where only they can utilize legal emulation for their own purposes



lots of legal breakdown of the filings..

TL:DR Nintendo Sucks
 

calistan

Member
There’s another thread where this is covered pretty comprehensively. The Ars Technica article has a quote from an actual lawyer in this field, saying it is unlikely to go to trial and the Yuzu team will just stop distributing it directly.
 

Alexios

Cores, shaders and BIOS oh my!
There's already a thread. You could have posted your opportunist clickbait there. TL;DR, you knew. edit: mods fixed/merged it (for now, we'll see if it sticks) so now this post looks like a duplicate, but it wasn't.
Sony sued the PS3 master key crackers, PS4 hackers and freaking Internet Archive (preservation anyone?), why pretend one of the big three deserves more ire because so much more money/demand goes to hackers for their properties you're used to enjoying their work? They didn't just fire 900 ppl.
 
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pepodmc_

Member
But to emulate a system like the Switch inherently means the emulator must circumvent copyright protections to be operable, which is illegal no matter if you own a copy of software for the emulated system or not. (17 USC §1201). That's what Nintendo is suing under and will probably be successful. Because the legal system are also cunts. :messenger_grinning_smiling:
No, because emulators would have been shut down decades ago, and it didnt happened.
 

pepodmc_

Member
Good. People should stop being poor and actually buy their games (Let's be real, no one actually rips their own games from a legally purchased copy. No one buys that bullshit excuse sorry)
Games runs a lot better on yuzu than on switch, i can even play crash nitro fueled at 60 fps while on xbox one, ps4 and switch it runs at 30 fps...
And using a 750ti , an old graphic card.
 
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VGEsoterica

Member
There’s another thread where this is covered pretty comprehensively. The Ars Technica article has a quote from an actual lawyer in this field, saying it is unlikely to go to trial and the Yuzu team will just stop distributing it directly.
it does seem like a "we will bury you in legal fees and threats of restitution...or just stop doing X and it all goes away"
 

VGEsoterica

Member
No, but talk about it in the main thread maybe? It’s more nuanced than that.
This just all feels like a "quietly settled with no details outside of Yuzu ceases developments, Nintendo gains their domains, everything dealing in Switch emulation goes underground for awhile and Nintendo quiets their shit until next year" IMO
 

keefged4

Member
Getting real tired of the emulation=piracy thing now. They are two seperate things. We all should be against Nintendo's behaviour here given that this is a gaming enthusiast forum. Emulation = preservation. Yes piracy can be a factor, but piracy is caused by lack of service, not just the need for "free" games. If Nintendo actually gave a shit about their back catalog and offered it in a much easier and accessible fashion, then I bet emulators wouldn't be anywhere near as popular as they are today. The same goes for Switch games. Why would anyone choose playing a switch game at sub 720p with framerate issues when they have the means to play it at a much higher fidelity and at 60+fps?

The majority of Yuzu users aren't going out their way to buy high end PC's just to "save money" and pirate nintendo's stuff for free, they are doing it because they want the best experience possible. If I buy a game on the switch, then I can play it however the hell I want.
 
I believe that we gamer deserve alot of the shit we regularly get tbh.
I don't understand shills like you. Nintendo doesn't give a single fuck about people like you. You think they do for whatever reason but they don't. They want to bleed you dry of your money. That's their reasoning for being. Creativity and fun left their offices a long time ago. They use emulators themselves in their own products and they're generally worse than what fans make for free. That's fucking embarassing and it's unnacceptable but Nintendo's hardcore fannies will pay regardless.

I bought Xenoblade Chronicles 2. You probably don't believe me because I oppose your view which means I must be lying. I bought XC2 and started to play on my Switch. It looks like muddy soup. I couldn't continue to play it after 10 minutes. It looks atrocious. I can't enjoy it on Nintendo's official hardware that I purchased, it looks shite. The great Yuzu developers have given me an option to be able to enjoy my purchase, my game that I paid money for. It no longer looks like muddy soup. They do a better job than Nintendo and obviously, they get butthurt about that. Greedy cunts like Nintendo should fucking relax a bit more because these days, they're a bunch of dislikable cunts.

And so what if a few working class people pirate a game, some people aren't well off and most likely wouldn't buy the game anyway. Just checked Nintendo's net value, $65.29 billion. I think they'll be ok...
 

Minsc

Gold Member
I really, really hope this somehow turns around to bite them in the ass, but even if it somehow ends up looking like they'll lose the lawsuit, I'm sure they'd bury it somehow before a judge ever ruled again in a way that would take the ability to control every aspect of how you play a game further away from the big corporations who seek nothing but that.

Imagine if Microsoft tried to sue Linux or Valve for SteamOS because they were allowing games that run on Windows to be played on SteamOS. This is just stupidity IMO.
 
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nkarafo

Member
I can’t imagine Nintendo wouldn’t go after Ryujinx next if they succeed in shutting down Yuzu
I can't imagine Nintendo wouldn't go after every emulator that exists if they succeed in shutting down Yuzu


Never met someone rip their own games. This was the case for the last two decades for me People hide behind that but most people dont do that.
That has nothing to do with the emulators themselves, which are legal.


Would really like the prove of some of these guys that they rip their own games. I don't believe it.
I like how they have to prove their case because you "don't believe it" even though you also can't prove them wrong either. Guess how would that work in the court.

Emulation is still legal though and the emulators themselves have nothing to do with what you are discussing.
 

nkarafo

Member
and I mean there’s the Super Mario 3D All-Stars Collection which they sold at $60 for a ‘limited time’ on Switch which was just emulation & not proper ports, Nintendo is fucking greedy as hell
This isn't new or a secret. Nintendo and all other publishers use emulators for their services for decades now. Nintendo's own VC services are all emulation. Pretty sure the OOT bonus disk in Wind Waker was also a N64 emulator.

Some of those publishers have even used homebrew emulators that already exist. AFAIK Capcom has used the FBA emulator commercially, which caused some of the developers of said emulator to disband and make their own fork (FBNeo). I think the MAME code has been used by publishers as well. RetroArch too. So yeah, publishers feel free to use them for profit while saving tons of money and time from not developing their own.

The funniest thing though is Nintendo has even sold an illegally dumped NES rom recently, which was proven by the rom's header or something like that, i'm not sure about the technical details. So yeah, they didn't even bother to create their own dump, they just downloaded one from the internet and sold it. These are the same company who now attacks emulation. The irony is reaching cringe worthy levels here.
 
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nkarafo

Member
i mean the yuzu user base, most people using this emulator to pirate games, not preserve .
They also had to use their computers to pirate those games. In fact, the computers were actually being used for the process of dumping those games, unlike the emulator which was not even involved.


To me , using Roms is the same as piracy .
Why aren't they chasing those who use illegally obtained roms then?
 

lh032

I cry about Xbox and hate PlayStation.
They also had to use their computers to pirate those games. In fact, the computers were actually being used for the process of dumping those games, unlike the emulator which was not even involved.



Why aren't they chasing those who use illegally obtained roms then?
As I said ,it's hard . It's easier to shutdown the emulator that runs it.

That's like asking why they don't catch people who download torrent.
 

lh032

I cry about Xbox and hate PlayStation.
To you. Exactly.
According yuzu TOS, piracy is not allowed. So unless you provide proof that they condone piracy and the vast majority of the users do it, your perception of reality is not valid.
You expect yuzu to say you can play roms and piracy on their emulator ?
 

nkarafo

Member
As I said ,it's hard . It's easier to shutdown the emulator that runs it.
Are you real?

Let's not go after the actual criminals because it's hard. Lets go after someone who has nothing to do with the crime because it's easier.

That's some dangerous idea you have there for justice. Please don't become a judge or cop and if they ever ask you to be a jury member, decline.
 

lh032

I cry about Xbox and hate PlayStation.
Are you real?

Let's not go after the actual criminals because it's hard. Lets go after someone who has nothing to do with the crime because it's easier.

That's some dangerous idea you have there for justice. Please don't become a judge or cop and if they ever ask you to be a jury member, decline.
I understand your frustration here because you have been doing these .....Unethical things but it is what it is .
 

Thaedolus

Gold Member
To me , using Roms is the same as piracy .

And yuzu is a platform to allow that
Shooting guns at targets is not the same as using a gun to commit a mass shooting.

Providing a legal tool (emulation/firearm) is not the same thing as using it to do a crime (pirate software/murder a bunch of people).

If you think, well, those things should all be as bad as committing mass murder or piracy, then ok, make it against the law. As it stands, selling emulators or firearms isn’t illegal.
 
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