Emulators have been declared as PERFECTLY LEGAL since Sony TRIED and FAILED to [sue Connectix](https://www.google.com/search?gl=uk&pws=0&q=Sony+V.+Connectix) in the late 90’s.
The [Nintendo lawsuit](https://torrentfreak.com/images/1-24-cv-00082-JJM-LDA-Nintendo-of-American-v-Tropic-Haze-LLC-doc-10-joint-motion-final-judgment-240304.pdf) completely failed to prove that Yuzu devs engaged in, or induced piracy and relayed only spurios, idiotic, baseless, unprovable, even **FALSE** statements such as:
“*they encouraged Yuzu users to obtain their own encryption keys, fully aware they could only be obtained from Switch consoles, in violation of the DMCA*”
After that:
“Nintendo named an **unknown company** as the sole defendant, while focusing on the actions of Yuzu’s lead developer, who **wasn’t named** as a defendant, **or even named at all**.”
Following this utterly **BULLSHIT** legal action, Yuzu have **COMPLETELY CAPITULATED, IMMEDIATELY CEASED ALL DEVELOPMENT OF THEIR PERFECTLY LEGAL SOFTWARE, HANDED OVER ALL PROPERTY AND DOMAINS TO NINTENDO AND AGREED TO PAY A 2.5M FINE!!!**
Does anyone else smell something utterly disgustingly fucking **STINKY** here????
A perfectly tenable, reasonable and surely winnable defense could have been made for far less, or at absolute worst equal to $2.4 million.
Why did Yuzu **INSTANTLY**, **IMMEDIATELY** and **UNEQUIVOCALLY** give up **EVERYTHING** to some **BLATANTLY BULLSHIT, TOTALLY FALSE CLAIMS????**
To me it absolutely looks, seems and **SMELLS** like there has been some **MAJOR** discussion behind the scenes between Nintendo and Yuzu devs, and this **BULLSHIT** is nothing more than a **PUBLIC CHARADE.**
by ninetyes
37 Comments
It’s simple, they did it to piss you off
Did you want Yuzu to take this to court and risk setting a new legal precedent against emulation?
They probably didn’t have enough money to fight it in court. Lawyers aren’t cheap
Because their lawyers told them they didn’t have a case.
Imagine being so angry that you have to post the same thing on three different subreddits.
Because Nintendo obviously had a smoking gun somewhere, and they had neither the time nor money to fight a losing battle.
It’s not that hard to grasp.
You’re right, Nintendo is financing all Emulators and will occasionally slap them (a fake slap of course) to keep up the charade.
It’s all a psyop.
xD
You people cannot be this stupid…I’m convinced you entitled bitches are only posting here to troll now.
Emulation and money is a big no no if you wanna Nintendo out of your ass.
I would venture a guess, that you’re not a lawyer, nor a legal expert, and the fact that it makes no sense to you why they settled this way does not in fact mean that there was some sort of conspiracy going on.
Nintendo didn’t sue Yuzu for simply being an emulator.
They sued them because they promoted emulating early pirated copies of ToTK and illegally downloading prod keys. From a business perspective, the lawsuit was totally justified.
Morally, it is wrong. This will definitely harm preservation for Switch games.
Go cry somewhere else.
If you had bothered to look into this case any further than surface level, you would know that Nintendo did not argue emulation is illegal. Now go emulate people who touch grass please.
Another person so very very mad and upset and the guys who were profiting off of another company’s work got shut down. Boo hoo hoo. So sad.
If you’re so sure it’s legal why didn’t you go and represent their legal case
Because Yuzu knew they had no legal defence, otherwise they would have fought
Two reasons:
1) Lawyers are expensive and Yuzu might not have been able to realistically fight the court case at all.
2) Nintendo had a non-zero amount of evidence that Yuzu devs may have been internally circulating game ROMs including games that haven’t been released yet, so taking the case to court would have not only resulted in them losing, but also set a dangerous precedent that supersedes the original one you quote in your post.
The good news is that Yuzu was open source, so it’s entirely likely that someone takes the code and creates what’s called a “fork”, where they begin to develop on top of the already existing codebase.
You got to love people who don’t understand laws.
Because Yuzu has absolutely zero legal leverage, little guy.
Because they likely would have lost. The only way to emulate Switch games is to modify the console and break the encryption on the game. Which is against the Nintendo Switch EULA.
Not to mention having a Patreon that had early access builds and unreleased features locked behind them.
Yuzu also kept data on their users and if Nintendo got a hold of that data they could have had hard proof of just how many were using pirated copies versus their own copies.
Going to court likely would have bankrupted them, they likely still would have lost, and it could have set emulation back even farther.
Edit: apparently whether or not a EULA is enforceable is iffy. Breaking DRM for distribution purposes, however, is enforceable.
In addition it would be hard to claim that Yuzu didn’t support or endorse piracy when they made a [public comment](https://www.pcgamer.com/one-day-post-launch-the-developers-of-switch-emulator-yuzu-announce-that-tears-of-the-kingdom-is-playable-full-speed-on-most-hardware-with-no-hacks-needed/) about Tears of the Kingdom being playable in 60fps, when the only 60fps mod available at the time was hosted by the NewYuzuPiracy subreddit. Now banned of course.
My best guess is that there is evidence that not only did the Yuzu devs have a pirated copy of Tears of the Kingdom, a Nintendo copyrighted material, but that they updated their software (Yuzu) to support said copyrighted material before the release date of the game. There is also probably evidence that at that time, they financially benefitted from their patreon donations at that same time.
It is likely a very strong case that the Yuzu team did steal profits from Nintendo in a measurable way. A lawyer probably looked at the case and told them there was no way they would win. Thus, they settled for what is the smaller fine to Nintendo. It wasn’t so much the emulation, but likely proof of enabling the distribution of pirated material for personal profit.
Emulation is only legal based on precedents set by old lawsuits. If they fought and botched it, it would be bad for every single emulator, all could cease to exist. Plus there’s rumors about the yuzu team linking to pirated software and copy written code. This was probably for the best, if they botched protecting themselves that bad, no way they were winning against one of the most profitable mega corporations. Nintendo has pissed off investors to please and virtually more money to throw at lawyers then we could even comprehend.
All in all, in my opinion, emulating current gen hardware and games is just asking for trouble and is a detriment to all of emulation and game preservation. It’s too risky and could get the laws changed
Dang, you definitely need some help. Take some anger management classes or something.
Firstly their chances of winning any case were not certain, at best its a 50-50 toss up. Yes emulation has been proven to be legal, but to be as brazen as they were about profiting from Nintendo’s current ip, changes the game.
Secondly, Nintendo could throw as much money at this as necessary to keep this in the courts and tied up for years, in which time Yuzu can’t make any money as Nintendo could block them trading during the case.
So not only would they have millions in legal fees, they have zero prospect of making any money during the case and then an uncertain prospect of winning the case at the end of it with a potentially huge damages payment.
Would you put your families livelihood on the line for those odds?
Nintendo did what big companies can do and scare the little guy off from a potentially winning case.
No conspiracy, just big business and people operating in a legal grey area.
>The Nintendo lawsuit completely failed to prove that Yuzu devs engaged in, or induced piracy and relayed only spurios, idiotic, baseless, unprovable, even FALSE statements such as:
That’s the reason it was a lawsuit and headed to court – to prove or disprove the claims levied against Tropic Haze. TH didn’t let it get that far, likely because discovery (the process of uncovering evidence for or against the lawsuit and alleged claims) would have ruined them and any defense they may have had. The fact that you either don’t know this or are choosing to ignore it speaks volumes as to your expertise.
Edit: Some of you sincerely need to step outside your conspiracy bubbles and educate yourselves.
Have you considered that Yuzu was aware of things we are not that would show them at least assisting in people pirating software?
>Why did Yuzu INSTANTLY, IMMEDIATELY and UNEQUIVOCALLY give up EVERYTHING to some BLATANTLY BULLSHIT, TOTALLY FALSE CLAIMS????
Redditor understands how to use the text editor but doesn’t understand the difference between “emulation is legal” and “using proprietary IP in the act of building and using an emulator is illegal.”
What happened with Dolphin is likely very instructive as to what happened with Yuzu.
They were illegally distributing roms (at times before official release of the game) and keys, and their legal emulator involved illegally taking payments.
They folded because they would lose in court.
One of the biggest points in the Connectix case was that Connectix created software that was intended to allow other legally purchased software to run on Apple computers. The court ruled in favor of Centrix under anti-monopoly laws.
Nintendo claimed to have evidence of Tears of the Kingdom being illegally downloaded over 1 million times prior to its official release, and evidence of Yuzu being used to play it.
It’s impossible to make an anti-monopoly case when your product is being used to play a game that isn’t even available yet. There was no way for that to happen other than theft.
Nintendo also claimed to have evidence of Yuzu’s website giving instructions on how to unlawfully download decryption keys. In the Centrix case, the software they eventually released was their own code. It was reverse engineered from Sony’s but there was very little of Sony’s code in it. In this case, the product wouldn’t function without Nintendo’s decryption code, and since it is an integral part of the system, this is not a slam dunk case for Tropic Haze/Yuzu. In fact, this makes it a likely slam dunk for Nintendo.
When something settles this quickly its because they realized that they had no defense against the case and wanted to minimize use of resources on fighting it.
Wrong sub?
Sounds like someone is pissed their preferred way to play stolen games is gone.
Cause you don’t fuck with Nintendo legal. They’re like Grand Admiral Thrawn. Even if you survive, they win. Every. Single. Time.
Because they would have been fucked by discovery, all it would take is one text message or discord comment from the devs talking about yuzu being intended for piracy, and they would have been facing criminal charges in addition to the civil lawsuit.
The unknown company was the company developing the emulator, as well as far as my reading goes, another 3ds emulator. So, unknown on a corporate level scale, sure, but it wasn’t some random company. And although the lead developer wasn’t named as a defendant, think about how the settlement went (or do us all a favor and think at all).
Tropic Haze (said company) bearing the damages means that it can lose it’s funds, declare bankruptcy, and the dev team can walk away. They don’t have to shed a dime of their own money (afaik), and be able to sustain themselves. The tradeoff, is that those affiliated with Yuzu can no longer work on anything of that nature, support, offer advice, or anything that acts as a circumvention device to Nintendo ever again.
So, all in all, a rather merciful punishment, if Nintendo sought to enforce one. Tropic Haze (Yuzu) pays in damages (knowing that they will likely collapse/close) hands Yuzu over to Nintendo, everything else, including dev tools made for Yuzu and keys are deleted, and by crossfire/money, the 3DS emulator got hit as well. The devs themselves can go about, find another career path, so long as they don’t work on emulator/circumvention for Nintendo as per the settlement.
You’re a fucking loser, and it fills me with nothing but happiness and joy that you’re this worried about it. No need to reply to me, because I don’t give a dusty fuck what you think. I just wanted you to know how silly you are to me.
Rumor has it that yuzu devs were sharing pirated copies of games between each other in official communications and that when they realized that they would have to turn those over during discovery that they decided to settle instead.
As for the lawsuit itself, the articles I’ve read reported that Nintendo was specifically suing over yuzu decrypting the games’ drm. Supposedly that has yet to be tested in court if it’s legal or not.
While from a game preservation standpoint it always sucks to lose an emulator, I’m more inclined to believe that yuzu devs folded to protect themselves from having to hand Nintendo damaging evidence of actual crimes then them colluding with Nintendo to have to pay them 2.4 mil, shut down and delete all their data.