Nintendo sues Switch emulator Yuzu for ‘facilitating piracy at a colossal scale’
Nintendo sues Switch emulator Yuzu for ‘facilitating piracy at a colossal scale’
There's a fairly big difference between "you're making an emulator for a console we stopped selling anything for a decade ago" and "you are actively cutting into the sales of everything we are currently doing"
Frankly, Im not quite sure what anyone expected. Of course they were going to go after them Hardee than usual, especially when they made it pretty obvious they used proprietary code from TOTK. I'm as pro-piracy as they come, but ya still gotta use some of your brain.
The precedent that almost everyone cites (because it is some of the only) is Sony vs Bleem.
en.wikipedia.org/wiki/Bleem!#Sony_lawsuit
Initial release was in 1999 and lawsuits were around the same time. PS2 launched in 2000. So while the bleem marketing was a complete mess, the emulator existing while a console was still “alive” does not matter in the slightest.
The main point of that ruling was that they weren't using proprietary code. Yuzu almost certainly did after the TOTK leak, unless they magically just happened to improve that much directly afterwards.
I don't like it, but there's a pretty big chance that Yuzu loses this one.
That’s not what using proprietary code means in this case.
Besides, it’s possible they “legitimately” bought a copy of the game from a store that accidentally broke the embargo date. You can’t legally blame customers for that.