Nintendo Accuses Console-Emulator of Hacking Mario Kart, Zelda
news.bloomberglaw.com
The video game emulator Yuzu circumvents encryption on Nintendo Switch games, making them available on other platforms like personal computers and mobile phones in violation of the Digital Millennium Copyright Act, according to a lawsuit from Nintendo of America Inc.

Nintendo’s full case filing

https://twitter.com/stephentotilo/status/1762576284817768457/

"NEW: Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo’s software encryption and facilitates piracy. Seeks damages for alleged violations and a shutdown of the emulator.

Notes 1 million copies of Tears of the Kingdom downloaded prior to game’s release; says Yuzu’s Patreon support doubled during that time. Basically arguing that that is proof that Yuzu’s business model helps piracy flourish."

      • @[email protected]English
        1•9 months ago

        (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or © is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title. (3) As used in this subsection— (A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

        • @[email protected]English
          2•9 months ago

          Yes, so distributing the code necessary to perform the decryption is illegal. That’s why you have to hack an actual switch to get the code necessary to perform the decryption (prod.keys). All Yuzu is doing is running that code through an AES library to get the game and emulating a Switch to play it. You can’t make AES libraries illegal just because they can be used to decrypt copy protection.

          It’s the same with DVD decryption. VLC is not illegal because it doesn’t include the codes used to decrypt DVDs. Once you have those codes, VLC can copy a DVD for you.

          • @[email protected]English
            1•9 months ago

            No, it’s broader than that. Providing a mechanism is enough. Yes, this is functionally making maths illegal, and yes, this is a complaint we’ve had with the dmca for 20 years.

            Providing the keys is against dmca, as is Providing the tooling that specifically breaks the rights management. This is just the shitty way Americans made the copyright system.

                • @[email protected]English
                  1•9 months ago

                  I don’t know if the two cases are equivalent, DeCSS included all code necessary to decrypt a copy protected DVD.

                  Yuzu does not include the necessary code to decrypt a Switch game. Users have to either “hack” their own Switch, or pirate the codes. What the users are doing is the illegal part here.

                  • @[email protected]English
                    1•9 months ago

                    You’re conflating the idea of code and keys. The keys are explicitly illegal as they directly fall under nintendo copyright.

                    The code is also falling under breach of dmca, as its entire use and focus is to break drm. This is the sticking point here.

                    Again, to labor the point, it’s nothing about the keys, we don’t need to talk about the keys.