• Pyflixia@kbin.melroy.org
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    8 hours ago

    You see…

    It’s okay when THEY do it.

    It’s not okay when YOU do it.

    That’s how they function.

    • Signtist@lemm.ee
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      7 hours ago

      Well yeah, as the owners they have the exclusive right to determine what’s okay. They’re just following the rules as they’ve been laid out by centuries of corporate lobbying for more exploitable copyright laws. Those are what we need to focus on if we want more fair use of intellectual property that the rights holder has already sufficiently profited from - the thing that such protections were initially meant to ensure to a much more reasonable extent.

      • Zangoose@lemmy.world
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        6 hours ago

        You had me in the first half ngl (more like first sentence but close enough)

        • Signtist@lemm.ee
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          6 hours ago

          But they DO have the exclusive right. People want to be told the world is different - that it’s better - but if we want to change it we need to see it for what it is. If we say “They don’t have the right!” before we’ve done the work necessary to strip them of the right, then we’ll never even understand how to start fixing this broken system.

    • Bananobanza@lemmy.world
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      8 hours ago

      Well, you know, the games are theirs to begin with.

      I see what you mean, and you are correct, but I think it’s more about the games that are being emulated than emulation in itself right?

      • LucidNightmare@lemm.ee
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        5 minutes ago

        What about the fan games that were made of pure passion for the IP that they’ve taken down?

        To name a few:
        Pokemon Uranium
        Pokemon Prism
        Mario Maker 64
        Another Metroid 2 Remake
        Zelda Maker
        Ocarina of Time 2D
        Zelda 30

        There are countless others I’m sure.

        FUCK Nintendo.

        • turtletracks@lemmy.zip
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          7 hours ago

          The only time the emulators are targeted is when the creators try to profit off them, or am I mistaken?

            • turtletracks@lemmy.zip
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              6 hours ago

              Yuzu was charging for early access to their emulator, which is what prompted Nintendo action.

              Ryujinx doesn’t seem like any legal action was taken, sounds like the creator was given a chunk of cash by Nintendo to take it down.

              I hate Nintendo, but you gotta keep the facts straight

              • Zangoose@lemmy.world
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                6 hours ago

                I don’t think they paid him off, I think it was more along the lines of “We won’t do anything to you if you stop now”

              • jmcs@discuss.tchncs.de
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                5 hours ago

                They also shut down Yuzu forks using the DMCA. If they paid Ryujinx’s dev it was the equivalent of the Mafia bribing a judge while waving a picture of his family.

          • Chozo@fedia.io
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            6 hours ago

            That, and when Nintendo’s code is used in some way to develop the project. Japan has very strict laws on reverse engineering any software, which Nintendo is always set to capitalize on.

      • ITGuyLevi@programming.dev
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        6 hours ago

        I don’t disagree they are their games, but is it their emulator, or did they just download one of the many online? Really doesn’t matter, just love to see companies bitch about something, then turn around and do it themselves.

    • Chozo@fedia.io
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      8 hours ago

      Nintendo has never been against emulation. They’ve only been against people playing without paying.

      • FeelzGoodMan420@eviltoast.org
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        6 hours ago

        Just curious - what size rock do you live under? Is it room sized or as large as a house? How do you decorate? Is it climate controlled?

      • Pyflixia@kbin.melroy.org
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        8 hours ago

        Yes they have. They’ve just recently nuked on the Switch emulator.

        And you can bet that if they could, Nintendo would go out of their way to sue any other emulator developer that emulates their games. The only things saving some of those emulators is technicalities like open-source.

        • vaguerant@fedia.io
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          8 hours ago

          I’m not going to check the whole archive, but going back to at least 2005, Nintendo was asking users to …

          report ROM sites, emulators, Game Copiers, Counterfeit manufacturing, or other illegal activities

          https://web.archive.org/web/20051124194318/http://www.nintendo.com/corp/faqs/legal.html

          Here’s some more quotes from the same page where Nintendo is viciously anti-emulation:

          The introduction of video game emulators represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.

          Distribution of a Nintendo emulator trades off of Nintendo’s goodwill and the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose.

          Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.

          • Chozo@fedia.io
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            8 hours ago

            Nintendo’s been openly emulating their own games since about that time. IIRC, the SNES Virtual Console on the Wii had code from SNES9X in it.

            The distinction (which seems nobody cares about) is that Nintendo’s going after copyright infringers. If your emulator doesn’t use any of Nintendo’s code, they ain’t doing shit about it; they’re just gonna steal it, if anything.

            • vaguerant@fedia.io
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              8 hours ago

              Somebody has fed you or you have invented bad information. Neither Yuzu nor Ryujinx, the two Switch emulators which recently ceased development due to intervention from Nintendo, included Nintendo’s code. The Yuzu settlement required those developers to acknowledge that

              because our projects can circumvent Nintendo’s technological protection measures and allow users to play games outside of authorized hardware, they have led to extensive piracy.

              There was never any mention of them stealing Nintendo code.

              Ryujinx, we know even less about, because the agreement went down privately, but there’s literally zero indication of any stolen code. We know that Nintendo contacted the developer proposing that they cease offering Ryujinx and they did.

              Obviously, Nintendo was bothered in both of these cases because the emulators do facilitate piracy, but that’s not the same as them having infringed on Nintendo’s copyright by using their code which you are claiming. Both of these emulators were developed open-source; if they were built using stolen Nintendo code there would be receipts all over the place. That was never the problem.

              • Chozo@fedia.io
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                7 hours ago

                Yuzu supported unreleased games. To do that required using Nintendo’s code, and getting that code through unauthorized channels. Nintendo’s code may not have been distributed through Yuzu, but it was used in a way that was not permitted in order to engineer a way to circumvent the copy protection of those games. That was how Nintendo was able to go after them.

                • Maalus@lemmy.world
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                  7 hours ago

                  Dude why are you digging this hole even deeper. They are going after emulators. That’s a proven fact. You can try to handwave it however you wish, but that won’t change reality. Nintendo goes after emulators, after modders, after content creators playing those mods. An emulator can play games, that’s what it’s there for. I don’t see how an emulator would work otherwise.

                  • Chozo@fedia.io
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                    7 hours ago

                    Because the distinction is important. Why do you think Yuzu was shut down but PJ64 still exists?

        • m-p{3}@lemmy.ca
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          6 hours ago

          I kinda get that they’ll do whatever than can to shut down an emulator for a console still selling and available on the shelves though. Not that there aren’t legitimate cases for it (homebrew software and games), but that’s not what Nintendo is concerned about.

          But screw that for legacy consoles, game preservation is important too.

          • Dasus@lemmy.world
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            6 hours ago

            I kinda get that they’ll do whatever than can to shut down an emulator for a console still selling

            If I hadn’t downloaded Yuzu and BOTW, Nintendo would’ve probably missed out on several hundreds euros my brother spent on buying a Switch, several games, controllers and supplies, albeit some of the supplies are 3rd party so Nintendo probably didn’t make profit off them.

            Piracy definitely increases sales. I would have never bought a Switch in the situation I was in some years back, but having downloaded it and gotten very into it, my brother wanted to as well and he didn’t care to pirate, and had actual uses for Switch’s properties that you don’t get on emulators, like online play and the portability of the console itself.

            • m-p{3}@lemmy.ca
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              2 hours ago

              It’s just that it’s hard to actually quantify, so the shareholders will prefer to go with enforcement that forces people to buy the games and console than taking a risk on hypotheticals.

              Personally, I never bought a Wii U/Switch and played my fair share of games through emulation only.

        • Chozo@fedia.io
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          8 hours ago

          They’ve just recently nuked on the Switch emulator.

          Because it was being used for piracy. As in, had support in the emulator’s code for unreleased games. Nintendo rarely goes after emulator devs that don’t use their code.

          • Overshoot2648@lemm.ee
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            3 hours ago

            They didn’t use any code. Any keys were dumped from an existing Switch. Yuzu got taken down not as a result of a lawsuit, but because of the threat of one. Famously Bleem won their emulator lawsuit from PlayStation, but still went bankrupt anyway, so most emulator projects don’t even try to fight any legal battles.

          • Zangoose@lemmy.world
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            6 hours ago

            Supporting unreleased games does not mean they used Nintendo code. The whole point of an emulator is to perfectly reproduce the original system. That means working on any switch game, regardless of whether said game has been released or even thought of. In practice it isn’t that simple because they are attempting to replicate a very complex system, so there will usually be patches whenever giant games come out that use the system in different ways. However, that doesn’t mean Nintendo code is being used at all.

            • Chozo@fedia.io
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              6 hours ago

              Right, but Yuzu did, tho. That’s how Nintendo shut them down. Yuzu overstepped and handed Nintendo their own noose. They probably would’ve been just fine if they hadn’t given out builds with those tools built-in.

            • Chozo@fedia.io
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              6 hours ago

              I’m not defending Nintendo, dude. I’m explaining how they’re able to shut down emulators. It’s possible to make legal emulators, and Nintendo won’t touch them.