Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued : emulation

[-] neosheo@discuss.tchncs.de 21 points 9 months ago

There name is "sue you". When nintendo sues them they'll sue back.

Their intentions are clear

[+] velox_vulnus@lemmy.ml 17 points 9 months ago* (last edited 1 month ago)

[deleted]

[-] refurbishedrefurbisher@lemmy.sdf.org 6 points 9 months ago

Or Russia, where piracy is legal (AFAIK).

[-] chayleaf@lemmy.ml 4 points 9 months ago

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

[-] refurbishedrefurbisher@lemmy.sdf.org 5 points 9 months ago

https://www.cityam.com/russian-government-rolls-back-intellectual-property-rights-in-response-to-western-sanctions/

[-] chayleaf@lemmy.ml 2 points 9 months ago

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.

[-] ReakDuck@lemmy.ml 1 points 9 months ago

I think except germany? In germany you are allowed to do everything with your devices because you own it.

[-] chayleaf@lemmy.ml 1 points 9 months ago

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.

[-] ReakDuck@lemmy.ml 2 points 9 months ago

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

[-] XTornado@lemmy.ml 1 points 9 months ago

Don you have to live there? Like ok the website would stay up but they could still sue you ,unless you live there.

[-] c_ezra_m@lemm.ee 11 points 9 months ago

Yeah right. The name literally reads "sue you". So funny.

[-] kaputter_Aimbot@feddit.de 6 points 9 months ago

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The organization selected the European Union for their headquarters and computer infrastructure, due to members' concerns that a software project repository hosted in the United States could be removed if a malicious actor made bad faith copyright claims under the Digital Millennium Copyright Act.

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[-] yetAnotherUser@feddit.de 5 points 9 months ago* (last edited 9 months ago)

Germany isn't any better though, in fact, Germany has even more restrictive and absurd copyright law than the US.

Here:

The manufacture, import, distribution, sale, rental, advertising with a view to sale or rental and the possession for commercial purposes of devices, products or components as well as the provision of services which:

are the subject of promotion, advertising or marketing with the aim of circumventing effective technological measures, or

have only a limited economic purpose or benefit other than the circumvention of effective technological measures, or

are primarily designed, manufactured, adapted or provided for the purpose of enabling or facilitating the circumvention of effective technological measures. \

is prohibited.

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.

[-] kaputter_Aimbot@feddit.de 5 points 9 months ago* (last edited 9 months ago)

The commercial use (e.g. sale, rental) is prohibited according to your cited text.

The manufacture, import, distribution, sale, rental, advertising with a view to sale or rental and the possession for commercial purposes of devices, products or components as well as the provision of services which: [...]

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:

The case I ZR 140/23 is really meta: A woman posted a screenshot of a website of a tennis center online; the documented website also contains a photograph of the guest room of the tennis center, whose wall is (in)decorated with a photo wallpaper on which a picture motif is reproduced to which the photographer claims rights via his company registered in Canada.

[-] chayleaf@lemmy.ml 1 points 9 months ago

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

[-] nieceandtows@programming.dev 4 points 9 months ago

Only one way to find out. Hopefully we don't find out.

[-] fidodo@lemmy.world 8 points 9 months ago

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.

[-] woelkchen@lemmy.world 3 points 9 months ago* (last edited 9 months ago)

Only one way to find out. Hopefully we don’t find out.

With the CLA still in place they're daring Nintendo to sue.

[-] BigHungryChicken@lemmy.dbzer0.com 3 points 9 months ago

Is this a fork of yuzu?

[-] Lanky_Pomegranate530@midwest.social 1 points 9 months ago

Yes it is

[+] schema@lemmy.world 2 points 9 months ago

[deleted]

Emulation