this post was submitted on 11 Mar 2024
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Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued (arstechnica.com)
submitted 8 months ago by nanoUFO@sh.itjust.works to c/games@sh.itjust.works
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[–] scrubbles@poptalk.scrubbles.tech 77 points 8 months ago (2 children)

Which is how emulation worked the last 20 years. It flew under the radar because they weren't doing anything explicitly illegal, while also avoiding getting paid or having anything point at you.

Yuzu flew too close to the sun. I'm sorry, but they did. They very brazenly operated like they were challenging Nintendo. They werent just emulating games from last Gen but modern Gen games that just came out. Like it or not, that is taking money from Nintendo and it was obvious they were going to get the hammer.

For me I'm mad at them. Mad because their cavalier attitude made all emulation look the same as piracy, which it isn't. There's a clear dividing line and Yuzu came very close to labeling all emulation as piracy.

[–] dsemy@lemm.ee 23 points 8 months ago (1 children)

Emulator devs deserve compensation, copyright laws are bullshit.

Nintendo lost some negligible (to them) amount of money, and in return ruined some peoples lives, and disappointed their fans.

[–] Schadrach@lemmy.sdf.org 18 points 8 months ago (2 children)

Emulator devs deserve compensation, copyright laws are bullshit.

There's literally nothing that legally bars emulator devs from being paid, or even releasing their emulator as a commercial product outright. Except being sued and the cost of fighting that suit burying them financially.

Bleem! eventually won, and it was a commercial emulator for a then-current gen console. The cost of winning that fight put them out of business.

Not providing encryption keys/BIOS and not directly assisting with piracy are the key things to be legally in the right. Making money on it just makes you a more likely target, even if you're legally entirely in the right.

[–] scrubbles@poptalk.scrubbles.tech 6 points 8 months ago

Exactly. They were brazen with what they were doing, making it easy to pirate games. While I want to support devs, by accepting money and assisting piracy they painted a giant target on themselves. Most emulator devs know what they're doing and stay out of the way, yuzu did the opposite.

[–] dsemy@lemm.ee 1 points 8 months ago (1 children)

There’s literally nothing that legally bars emulator devs from being paid, or even releasing their emulator as a commercial product outright. Except being sued and the cost of fighting that suit burying them financially.

Bleem! eventually won, and it was a commercial emulator for a then-current gen console. The cost of winning that fight put them out of business.

So basically large corporations get to decide if unaffiliated developers can earn money. Seems reasonable.

I don't see how your comment contradicts mine at all.

[–] Schadrach@lemmy.sdf.org 4 points 8 months ago (1 children)

More like anyone can sue anyone for anything, even if they have no chance of winning and sometimes corps do exactly that to force a settlement so you'll do what they want even if you did nothing wrong.

Any action you take happens only because billionaires and massive corps don't consider you worth suing over it. Even if there is nothing resembling legitimate grounds to do so because they can tie you up in court until you are bankrupt.

I always like pointing out the fatal mistake of Gawker - they outed that a billionaire was gay while he was in a country where being gay was punishable by death. He then spent the next several years offering to fund any lawsuit that had any chance of success against them in revenge, and eventually one stuck.

[–] dsemy@lemm.ee 0 points 8 months ago (1 children)

Anyone can sue for any reason + large corporations can force a settlement = large corporations can decide if unaffiliated devs earn money for any reason.

[–] Schadrach@lemmy.sdf.org 1 points 8 months ago

large corporations can decide if unaffiliated devs earn money for any reason.

Large corporations and sufficiently rich individuals can decide if you do anything for any reason. Bringing up unaffiliated devs earning money is just narrowing the scope beyond what it actually is. Again, everything you do happens only because the exceedingly wealthy and massive corps don't consider you worth suing over it.