Analogue is making a 4K Nintendo 64
Analogue is making a 4K Nintendo 64
Analogue is doing everything safe though. The products are marketed and intended for you to play your physical cartridges on new hardware. Nintendo isnât even going after emulators, which despite the hoops we try to jump through, are really primarily used for piracy. That is because the emulation developers are avoiding any copywritten work. Even then, the only ROM sites that Nintendo has really gone after are the ones selling the games.
Short of a new law or precedent being set, Analogue is in the clear here.
The closest theyâve been in recent times is when Dolphin were announcing their step onto the Steam storefront, to which Valve asked Nintendo about it and all that happened. Dolphin is still free to do whatever, just not on Valveâs land.
AFAICT Analogue has been in the clear for their past FPGA consoles that specifically targeted Nintendoâs, canât see it having isuses here.
Sold on the store front is a no no, but emulators run great in Valve land (Steam Deck).
I just booted Tears of The Kingdom on my Steam Deck the other day and thatâs probably a much juicier target for a lawsuit / cease and desist.
Theyâre not even losing money though, I bought it on Switch.
But thereâs such poor drawing distance and so much stuttering that I kinda gave up on it.
I havenât played it much on the deck yet because I didnât really feel like starting over, so I donât know how glitchy it is or not.
Iâm being loose with terminology, I apologize. I mean the specific microarchitecture, as in the specific implementation of the instruction set. Just like photocopying an entire book goes beyond fair use, so could duplicating the microarchitecture verbatim.
I donât know the case law here (not a lawyer), but I think ISAs canât be copyrighted because theyâre an API (which is similar to Google vs Oracle), but I could see Nintendo having a case if theyâre duplicating the microarchitecture directly. Emulators are fine because theyâre doing a clean room implementation of the ISA, but directly pulling the gates from the chips could go a step too far and constitute a derivative work.
If you look at Nintendoâs lawsuits, theyâre mostly centered around their video game IPs. Theyâll target ROM sites, streamers playing their games, and modders. Sometimes theyâll go after emulators of modern consoles, but only if itâs an open and shut case.
That doesnât mean Nintendo canât or wonât go after them, it just means they havenât. I wouldnât feel comfortable running or investing in a company like this without Nintendo approval in writing.