Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued
Dev says project is "in a legal gray area we are trying to work our way out of..."
https://arstechnica.com/gaming/2024/03/heres-how-the-makers-of-the-suyu-switch-emulator-plan-to-avoid-getting-sued/Open linkView original on midwest.social
19 replies
There name is "sue you". When nintendo sues them they'll sue back.
Their intentions are clear
Or Russia, where piracy is legal (AFAIK).
piracy (in the sense of sharing copyrighted content with others) and bypassing DRM is illegal in nearly every country of the world, subject to the Berne convention and the WIPO treaty
https://www.cityam.com/russian-government-rolls-back-intellectual-property-rights-in-response-to-western-sanctions/
it literally says "the possibility is being considered". Nothing concrete. Rutracker has been unbanned (afaik), but that's it. That doesn't mean shit about whether you can get sued, it just means the government will be more "hands-off" in regulating Western media piracy. They are still part of the WIPO and other treaties and can't not recognize other countries' IP unless they denounce those treaties, which would be stupid to do.
I think except germany? In germany you are allowed to do everything with your devices because you own it.
you aren't, bypassing DRM is always illegal. Using others' tools to bypass DRM may be legal, just like downloading copyrighted content may be legal.
While it is always illegal. In germany, when I own a game or video or whatever. Even console and I own the games. I can remove the DRM for myself but are not allowed to distribute them. Only for my own purpose. So Yuzu and putting games from my Switch to PC should br legal in Germany
Don you have to live there? Like ok the website would stay up but they could still sue you ,unless you live there.
Yeah right. The name literally reads "sue you". So funny.
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Germany isn't any better though, in fact, Germany has even more restrictive and absurd copyright law than the US.
Here:
And I'm certain that Nintendo will choose the correct court to argue any modern emulator is violating this to sue in. After all, one court in particular is notorious for ignoring all reason when it comes to copyright. For instance, it ruled that you are violating copyright for publishing photos of your home if your walls have a photo wallpaper. After all, making and posting an image of the copyrighted design of the wallpaper on your website, even if the wallpaper is just in the background, constitutes an illegal copy.
The commercial use (e.g. sale, rental) is prohibited according to your cited text.
And while the LG Köln (Cologne) sided with the copyright owner of the wallpaper, other LGs and the OLG Düsseldorf - a higher court - said otherwise:
Abbildung einer Fototapete im Netz ist keine Urheberrechtsverletzung (2024-02-29, in German)
But the copyright owner is appealing that decision and the BGH - the highest court - has to decide.
Urheberrecht: Foto von Fototapete landet beim Bundesgerichtshof (2024-03-07, in German)
And this is just absurd:
what you have quoted is mandated by the WIPO treaty and is perfectly normal to have in your copyright laws, USA has similar laws too
Only one way to find out. Hopefully we don't find out.
How about several decades worth of emulators that Nintendo hasn't touched? As the article points out, Yuzu both profited off their emulator and had step by step guides on how to pirate games. Emulators are legal, piracy is not. Nintendo suing Yuzu was not surprising or a change in precedent. Other emulators are not concerned by this because they play by the rules, and I don't see why we should be worried about decades of precedence changing when yuzu was sued on grounds that every other emulator maker already knew were red lines.
When you provide an emulator you simply have to say "we do not condone piracy, this emulator is for hobbyist use only". Then let one of the hundreds of community resources provide the actual piracy instructions where Nintendo has to play whack a mole instead.
With the CLA still in place they're daring Nintendo to sue.
Is this a fork of yuzu?
Yes it is