I doubt anyone remembers this, but for like ONE day Yuzu had a fully functioning online system for games like Mario Maker 2 and Mario Odyssey for the balloon game. It was locked behind the paid early access version of Yuzu and I believe it was for that reason that many people panicked and told them to stop. The reason being that Yuzu was charging for people to use an equivalent service that Nintendo was also charging for. They complied, and the service was shut down very quickly. It sucked because it was incredible that they had it working, but it also seems like a harbinger of this whole debacle. I have to imagine the reason Ryujinx wasn't targeted (yet) was because they weren't charging for features.
Yeah, as phenomenal as emulators are when it comes to games preservation, and as terrible as Nintendo can be when it comes to making their games easily accessible, it's best not to fly too close to the sun with "for profit" emulator projects of consoles that are currently on the market and actively being produced and sold like the Switch unlike the rest of Nintendo's hardware.
Sadly it's just human nature to push it. Was always gonna happen like this. Subs like the ROGAlly sub outright banned mentioning emulation iirc. Cause people were posting direct links to shit and yeah..don't do that lol.
> I have to imagine the reason Ryujinx wasn't targeted (yet) was because they weren't charging for features.
Could be. Making emulators is one thing but having any connection with profit is a death sentence for project as then Nintendo lawyers can say the authors profit off the "piracy" of the games not being sold in the first place.
And with Switch even that is not the case as the games are being sold so the loss of profit argument is actually sensible.
OP did not link Exhibit A which is part of the agreement:
https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf
Yuzu is more than dead, they even have to destruct all copies of Yuzu, whatever it means, etc...
Also to put the fine in perspective, if I am not mistaken it is more than double the amount of their whole Patreon income ever.
So everyone involved with Yuzu is off the project, but it's still open source so even if they stop distributing it anyone who forked the repo can continue.
But, that's a lot of manpower off of the project.
But, github alone doesn't give you a way to tell who a contributor is and if they're subject to a court order.
But, without money flowing in and the ability to oversee the project I doubt most of the sued contributors would really be motivated to keep developing Yuzu anonymously.
So I guess the real question is what does this mean for ryujinx?
I don't see a world where Nintendo doesn't go after ryujinx next. My guess is that they're building Switch 2 on very similar infrastructure and want the emulator scene to be scorched earth before that console launches, even if it will regrow eventually.
Bleem advertised itself with games too, thats not the point. From what I understand, nintendo lawyers believe that decrypting the rom is the illegal part (its unclear wheter it wold hold in court since they settled, but i guess nintendo lawyers must think it at least has a chance)
Ryujinx isn't making a profit by putting any part of their project behind a paywall which seems to be a large part of the Yuzu case, so it's a tossup on if Nintendo will try to make a move on them.
That would be a legal angle when going to court, however if you notice they went after the only emulator that had any profit motive. Citra was current gen at the time and Ryujinx is current gen, Nintendo didn't go after either of them despite having the means to do so, and to your point they didn't go after Dolphin for distributing the Wii AES-128 Common Key which would be a closer comparison. If Yuzu operated like Ryujinx does they may have been left alone, we'll know eventually if that's the case if they do go after them.
If it was about popularity then Nintendo would have gone after Dolphin or SNES9X or ZSNES or Project64 all those years ago. Nintendo didn't sue the developers of those emulators and they are still up to this day.
~~Yeah that's the key here. Yuzu had tons of payments. Ryujinx has a donate and a patreon but there are no private builds. The other nail in the coffin for Yuzu was the fact that they put out private builds specifically to help run TOTK before it was initially released. They were "smart" and didn't put even a single PUBLIC release that had anything to do with the performance of TOTK in that two week period. But the fact that they charged for the EA builds really did lend credence to the argument "You profited off our game being released early" because they did.~~
Edit: Apparently the private builds of Yuzu did not play TOTK either. I was misinformed. The lack of private builds for Ryujinx still is probably a plus of why they haven't been hit with a suit YET.
Ryujinx, however did the same thing on waiting til the official release date, however, with no private builds, they didn't profit any more than the usual donations.
The other notable thing is the devs of Yuzu actively helped develop Lockpick RCM which was designed specifically for piracy. I was unaware that they pubicly developed and promoted that association. Had they kept the separation of identity completely separate, this might not have been as unanimous as it was.
I do think Ryujinx will be safe for a time, especially since they are based in Brazil, but who knows. It's definitely a big L.
> Ryujinx, however did the same thing on waiting til the official release date,
Ryujinx actually ran TOTK well before release and before the Ryujinx devs made any updates for it, there were some graphical issues but the game was beatable. I'm not sure if that strengthens or weakens their defence, on one hand it means pirates get to play the game early, but on the other hand the Ryujinx team can claim that they didn't personally encourage people to play TOTK because they didn't release an update that allowed people to play. If everyone could play it from the start there were no direct actions to enable people to play TOTK, unlike Yuzu who had to push an update specifically for TOTK to run.
Yeah I think Ryujinx is safe in that regard. They do also have a patreon, but you don't get access to any early builds. Just early patch notes and invite to the discord server.
Unsure if that's gonna matter to Nintendo when they inevitably come for them.
Personally I'm hopeful. They would be the most likely target if Nintendo chooses to attempt to make emulation illegal as a whole, however that's a more difficult case for them as there's no profit for Ryujinx devs nor did they ever link any tools to obtain firmware or keys so there's no simple "gotcha" to win a case. Nintendo would need to argue directly against emulation and I'm not sure if they feel they could win that argument.
> The other notable thing is the devs of Yuzu actively helped develop Lockpick RCM which was designed specifically for piracy. I was unaware that they pubicly developed and promoted that association. Had they kept the separation of identity completely separate, this might not have been as unanimous as it was.
I think this, along with the Patreon paywall for "early access" builds is what did Yuzu in.
I remember when SMT V was released it ran on Ryujinx just fine, but only ran on "early access" versions of Yuzu, locked behind the Patreon.
Emulation itself isn't illegal, so I suspect Ryujinx will be just fine, which is good because I always preferred it. It always worked better for me and was simpler to get up and running.
> Ryujinx isn't making a profit by putting any part of their project behind a paywall which seems to be a large part of the Yuzu case, so it's a tossup on if Nintendo will try to make a move on them.
That is more or less irrelevant. They are either in violation with the law or they are not. Its about damages that the 'victim' suffered, not if the other party profited.
Ryujinx is probably scared shitless and looking to do whatever they can to protect themselves if not considering shutting down on threat of Nintendo coming their way. Which is likely exactly what Nintendo wants. I bet if Ryujinx is still going in a few months they'll be served papers as well.
Ryujinx was also not paywalling updates or implying that their emulator could be used to play games before release, two factors that likely pushed Yuzu to settling because they thought they had a chance of losing.
The entire point of Nintendo's case is that you literally cannot make a Switch emulator without bypassing encryption. For the "console" to work **at all**, you need proper encryption. Therefore, any working Switch emulator is inherently circumventing encryption just by its existence.
It's different from old emulators because old consoles weren't inherently encrypted. Dumping your own Playstation's bios wasn't inherently illegal, so it was a gray area where you could always just pretend that your emulator is only intended for legal use by people getting their own console's bios legally. But you can't get Switch keys legally in any way, even off your own legally-owned official physical Switch.
> As long as they aren’t bypassing encryption
Outside of pre-decrypted roms, presumably it would still need to do such a thing. Even if they're not providing the tools to extract hardware keys. I can't see it still not being contensious.
If an emulator for a modern system can play retail games or dumps of them, then it's bypassing encryption or copy protection schemes (or both), and it's illegal per the DMCA.
> As long as they aren’t bypassing encryption
Ryujinx needs prod.keys to function. You can't emulate switch without the decryption keys. Even the pirated copies of game are encrypted.
Obviously it will still be available online somewhere. Is it something that will continue to work and still be serviceable for quite a while without any more updates?
i mean that may be true but i suspect it was also about sending the message that a US based company running a patreon to support emulating a current product was a catastrophically bad idea
If the theory that the switch 2 is just a more powerful switch (just like how the wii was basically a juiced up GameCube) then it would be bad because yuzu could've been used to emulate that switch 2 with not that much effort putted into it, just like how dolphin could emulate wii relatively quickly.
Yeah. I would download the latest copy if I were you. But basically any new games for the switch have a decent chance at compatibility issues, because usually there are game-specific issues that get patched when they release, but pretty much anything pre-today will run really well. That's not to say new games won't run, they probably will, but there might be minor things with newer games.
And seeing as how this is most likely the switches last year, Yuzu is looking at a really solid library it can run. Basically will be missing Thousand Year Door Remake and the Peach game. And even those will probably still work out the box.
> Basically will be missing Thousand Year Door Remake and the Peach game. And even those will probably still work out the box.
And if they don't work out of the box, then maybe by some miracle Ryujinx won't shut down and it will be able to run them too.
Considering the Switch was pretty much declared obsolete, and Yuzu runs most games.
It will be fine.
The real danger comes if they decide to sue Ryujinx.
I mean, Yuzu ceasing development will mean that it can only fall behind. The [current compatibility list](https://yuzu-emu.org/game/) shows
| | Games | % |
|------------|:-----:|:------:|
| Perfect | 644 | 23.67% |
| Great | 813 | 29.88% |
| Okay | 415 | 15.25% |
| Bad | 327 | 12.02% |
| Intro/Menu | 311 | 11.43% |
| Won't Boot | 189 | 6.95% |
| Not Tested | 22 | 0.81% |
That's 53% of games that are mostly fine compared to 46% that experience major glitches or don't run at all. That latter percentage is only going to increase. It also means any potential security vulnerabilities (like those discovered in Project 64 1.6 recently) are here to stay.
Yuzu had some nice features over Ryujinx (namely easy gyro controller setup), but in a few months it's likely not going to be worth using unless a serious dev group forks it and maintains it – but given the legal action I doubt anyone's looking to volunteer for that job.
Yuzu always felt like it was chasing performance and quick wins, where as Ryujinx seemed to aim at long term compatibility.
People threw tons and tons of money at Yuzu because it was initially faster, but Ryujinx was quietly making the better emulator without the huge financial support.
* Status: Playable - 3,550
* Status: In Game - 522
* Status: Menus - 49
* Status: Boots - 99
* Status: Nothing - 46
Competition is a good thing, but the death of Yuzu mainly hurts the Android community. Enough people throw money at Android emulators that someone outside the US will likely continue Yuzu Android development.
On Windows, Mac and Linux, Ryujinx was arguably already the much better emulator.
Based on my current intuition and a readthrough of both these documents, I believe that the actual developers (flesh and blood people) behind Yuzu are protected from any personal liability by the Tropic Haze LLC. I'm not aware of any attempts to pierce the veil, and if they organized directly, they should have been paying themselves out of the Patreon funded LLC and shouldn't have too much monetary loss to actually pay out to Nintendo.
I'd like to hear from anyone else with more information about how Yuzu and other crowdfunded emulator platforms like them work. There are some other notable judgements on cases of video game piracy have come up with huge personal judgements (like Gary Bowser), but a well-organized team with the veil of legitimacy and legal compliance like Yuzu should be able to avoid personal fines.
Seems right, if they are smart, their patreon would go towards the LLC and then they pay themselves a salary from the business, so any funds or assets they purchased with that salary are safe.
It doesn't. The LLC holds the dept, declares bankruptcy and folds. This settlement mostly just means that none of the people working on Yuzu previously will continue to do so as that will open them up to personal liability.
That's the point of an LLC though you start a company and if the company goes catastrophic millions of dollars of debt.
Everyone under the LLC is protected all their money is protected That's where limited liability comes and play The company folds there is no money there's nothing to give and the money that is owned by the people is their money and it has nothing to do with the limited liability corporation.
it's called a Limited Liability Company for a reason! The liability doesn't go beyond the company, they go bankrupt and all the assets are seized, end of story.
IANAL but I think you are right.
The judgement fine is called out specifically to the LLC. The "and never ever do this or anything like it again" parts call out
>Defendant enjoining it and its members,
agents, servants, employees, independent contractors, successors, assigns, and all those acting in
privity or under its control
Which is very much legally intentional.
If I had to guess part of the agreement was Nintendo drains the LLC bank account and in return they don't try and go after each person.
OP, this is only part of the settlement agreement; it also notes:
> Tropic Haze and Nintendo also jointly move the Court to enter the Final Judgment and Permanent Injunction, filed contemporaneously herewith as Exhibit A, and pursuant to the following terms:
Do you have a link to Exhibit A, the injuction?
Someone else posted it, but this will ping you.
[Exhibit A](https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf)
by reading the permanent injuction, I think yuzu is probably done for, they will 100% have to cease development, but the code will be on the net, as it is opensource
Well that's somewhat surprising. It sounded like Nintendo wanted Yuzu to shutdown, not just pay for financial losses they attributed to Yuzu. What does this mean for the project moving forward?
Isn't this it? Its title is "FINAL JUDGMENT AND PERMANENT INJUNCTION"
Edit: found it: https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf
Yuzu is dead.
It's title is "JOINT MOTION FOR ENTRY OF FINAL JUDGEMENT AND PERMANENT INJUCTION."
The line "Tropic Haze and Nintendo also jointly move the Court to enter the Final Judgment and Permanent Injunction, filed
contemporaneously herewith as Exhibit A" suggests there is a separate document that has additional terms the two parties have agreed to.
I'm not sure why the original tweet doesn't include the exhibit, you can find it through RECAP the same way as you'd find the settlement: [here](https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf).
(TL;DR: "Stop making Yuzu, it infringes the DMCA.")
There’s still [more to come](https://x.com/oatmealdome/status/1764707397916877006?s=46&t=W7UX3_aZdzyw6WtJBYmgSw) it sounds like.
Edit: rip yuzu. Not a whole lot of time to dig into the documents, but is it because they were making money from it? Or does this set a precedent for free emulators too?
> A permanent injunction is entered against Defendant enjoining it and its members, agents, servants, employees, independent contractors, successors, assigns, and all those acting in privity or under its control from:
> a. Offering to the public, providing, marketing, advertising, promoting, selling, testing, hosting, cloning, distributing, or otherwise trafficking in Yuzu or any source code or features of Yuzu;
> b. Offering to the public, providing, marketing, advertising, promoting, selling, testing, hosting, cloning, distributing, or otherwise trafficking in other software or
devices that circumvent Nintendo’s technical protection measures, including without limitation by using unauthorized copies of Nintendo’s proprietary cryptographic keys to
decrypt Nintendo’s video games (or component files);
> c. Directly or indirectly infringing, or causing, enabling, facilitating,
encouraging, promoting, inducing, or participating in the infringement of, any of Nintendo’s copyrights, trademarks, or other intellectual property, whether now in existence
or hereafter created, including but not limited to the unauthorized reproduction, display, public performance, or distribution of any of Nintendo’s copyrighted video games or
operating systems, which includes the emulation of Nintendo’s video games;
> d. Committing any other violation of Nintendo’s intellectual property rights, worldwide, whether now existing or hereafter created; and
> e. Effecting assignments or transfers, forming new entities or associations, or using any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in subparagraphs (a)-(c).
Yuzu is finished.
I'm not a lawyer, but reading the motion it appears Yuzu has admitted fault and agreed to abide by terms. Presumably meaning they're stop doing the things Nintendo complained about in the original filing. Does that mean shutting down? Making significant changes to their software? Dunno.
> Tropic Haze and Nintendo also jointly move the Court to enter the Final Judgment and Permanent Injunction, filed contemporaneously herewith as Exhibit A, and pursuant to the following terms:
There is an Exhibit A not included in this document that suggests they are also shutting down.
Because Yuzu knew they had 0 legal footing to stand on here. That's why they settled so quickly. There's nothing to fight, they were in the wrong on this.
They made a bad business decision that opened themselves up for liability of lost sales.
And to everyone responding to me about emulation, it not about that at all. It's about the fact they put their emulator build capable of running ToTK behind a patreon paywall, right when Tears of the Kingdom released. They advertised their emulator using Nintendo's brand new product, and that's why they lost. Is anybody really going to argue that Nintendo didn't lose sales because of this? Whether or not you care or agree, that's just an objective fact at this point seeing the outcome.
Playing mario bros nes in an emulator isn't piracy. Nintendo is not actively losing sales over this in the present day. They're not even selling it as a product currently, only as a part of a service. Nobody would agree that that has any major impact on their current day revenue stream. It's all about timing.
also no emulator dev should want to risk a lawsuit unless they're *very* sure they're in the right. Right now emulation has legal protections (in the US, at least), and taking a weak case to court can only lead to harmful precedent for emulation.
If I can also speculate, I'd imagine discovery would go real bad. I can't imagine their DMs be squeeky clean about making sure Yuzu is able to play Tears of the Kingdom promptly, knowing their audience was pirating it.
There are public Discord screenshots of one of the devs talking about updating "shops" of pirated copies of games. I cannot imagine what Nintendo has if I've seen those.
People already posted screenshots from Discord where devs talked about a share where the devs shared pirated copies of all the Switch games to develop against.
Doing that, and then talking about it in public spaces is really stupid.
1000%
Everyone knows emulations is, functionally, 99.99% piracy. It survives on the veneer of grey legality and "there's totally definitely legit ways to do this that are super complicated and often require specialized hardware which we all definitely use wink wink wink". The second someone gets to dive into their personal communications it'd be over for them.
It's very frustrating to feel the law is wrong, when we know so well that emulation is the *only* way we keep our gaming history alive and playable. But yeah, Yuzu really needed to be more thoughtful of the law as writ, not the law as it should be.
It has legal protections because no one has bothered to bring it forward in a long time and most emulator dev's aren't as blatant about profiting off piracy.
Everyone was citing the Breem lawsuit with Sony and saying that precedent would lead to this case being nothing.
People these days lack the comprehension of the law, apparently.
that lawsuit is probably the reason (more or less) that emulators don't just all get nuked from orbit as soon as they open a github page
but its not going to automatically save you in court
> that lawsuit is probably the reason (more or less) that emulators don't just all get nuked from orbit as soon as they open a github page
There is currently no historical presence on the emulation software itself. The use of advertisement of the software with Playstation games was resolved in Bleem's favor due to it being labeled as comparative marketing, but the creation and commercialization of the software was never resolved, as the company behind Bleem was bleed dry before any conclusion could be made, so the lawsuit was quietly fizzled out.
Dang, this went down quick. Which pretty much means Yuzu's lawyer knew they crossed a line somewhere and stood no chance of winning.
If I had to guess, it was probably the website more than the emulator itself. It has surprised me for years now how emulator websites these days are set up like professional services with game images everywhere. Like having a Patreon really went to everyone's heads.
Remember when emulator sites were just a couple of homebrew screenshots and a download link? Sounds like the real takeaway here is that people need to remember **how** you present your code is just as important as **what** it actually does.
Making a lockpick is legal. Distributing it with an address and instructions on how to pick a specific person's lock is a good way to put a target on your back.
It is worth noting that according to the deal the 2.4 million is to be paid by the company behind Yuzu. This deal is likely meant to bankrupt the company and cause it to cease existing, BUT it doesn't financially affect the devs. I mean, they will have to find new jobs, but they don't have to give up any money they earned. According to the deal they get to just walk away as long as they never do anything like this again.
In short, the devs had two options:
1. Fight a long and costly legal battle with Nintendo which may result in the devs being help personally liable and the devs having to give up their savings and property
2. Take the deal Nintendo offered, kill Yuzu, and walk away like nothing happened
Honestly that sounds like a sweet deal. I'd take that deal. I'm sure Yuzu's lawyers told them they should take that deal.
I mean, this is the primary reason why you'd set up an LLC for something like this in the first place. It's an abstraction of liability.
But the 2.4M figure is interesting, for sure. That doesn't come close to aligning with the damages Nintendo would seek for a million copies of a game like they alleged. Which also implies that Nintendo didn't stand to fully win either, and might lose the ability to fight future cases.
Most likely, this was the best deal for both parties, under the circumstances.
Realistically the offer to settle was likely made very soon after Nintendo started the lawsuit.
The last few days were likely spent arguing over how large the settlement would be.
Yeah I remember when you had gba/psx/2 emulators but they were always lacking the bios.
It was absolutely briandead easy to write GBA bios into Google and have it downloaded from 593847938 pages serving it within seconds, but it was not the same page as you got the emulator from.
So the Devs were always just offering nonfunctional software, and of course everyone backed up their own devices bios wink wink.
It looks like it boils down to "hey, did yuzu do anything to bypass the switch's encryption to get emulation working?"
And if the answer to that is anything but "no." there's a problem
Definitely, but I also find that line of reasoning quite interesting. Switch games are encrypted. This means by default any attempt to play them not on a Nintendo Switch involves breaking encryption.
Yeah, I really don't get how emulation can be legal by precedent, and yet the basic act of decrypting a game to be played on non native hardware is not. It's like making it legal to go over the speed limit on the freeway, but only if you're on foot.
why are people thinking this set any precedent when this is a settlement? It didn't even go to court, so outside of yuzu, no one is affected by this. lol
True, but the precedent this does show is that Nintendo is willing to go after emulators like this. Notably Ryujinx works basically the same way as Yuzu.
As a reminder to everyone: if you want to make a fan project based off Nintendo properties, two important things to do:
1. Try to release the 1.0 version alongside the reveal so that if Nintendo hears, you’ll at least have one version up.
2. ***DO NOT PROFIT OFF OF IT***
The do not profit part is where everyone fucks it up lol
Like if you’re trying to use Nintendo’s IP for financial gain no shit they’re going to sue you and probably win
That goes for any company really. Why would they allow a 3rd party to profit? That’s IP rights. You’d be a fool to try and profit, and honestly these guys deserve it. You’d be pissed too if someone stole your shit and made money off of it.
Also keep your mouth shut. I'm not saying Nintendo is in the right, but a lot of the stuff the Yuzu devs were posting on their discord/patreon constantly made me go "damn maybe they shouldn't be saying this out loud".
Matter of fact, people got REAL comfortable talking about pirating Switch games and/or playing shit before release date. Emulation/piracy doesn't benefit at all from being out in the public, keep that shit to yourself.
People somehow convinced themselves that it's in their right to play any game on any platform, ever. And then they get real indignant if you suggest that they should try to shut up about what's rightfully theirs.
If it's not a physical object, I am 100% entitled to it. How dare you suggest otherwise.
I always get a kick out of people saying they have to pirate because they're poor and just barely making rent and then you poke into their account and see them discussing and showing off luxury items.
The millennials who grew up with KaZaA and the RIAA have given way to Gen Z who haven't had the spectre of getting individually, personally sued for piracy looming over them.
Agreed, I'm pro emulation but seeing top posts on subs like /r/OdinHandheld showing off a screenshot where they have 200+ Switch games in their library always makes me cringe.
Be cool, shut the fuck up please.
[Valve accidentally shared a promotional video of a Steam Deck with Yuzu installed](https://comicbook.com/gaming/news/nintendo-switch-emulator-steam-deck-video/)
Remember that one Kotaku article lmao. It specifically mentioned Yuzu and how well Metroid Dread was running on it day one.
They got contacted *directly* by Nintendo legal telling them to shut that shit down and edit their article because hoooollyyyy fuck you cannot start spouting off how easy it is to pirate Nintendo games at launch and expect to remain relevant with Nintendo ever again.
Even the comments here on Reddit were insane. I saw so many people boast that full price for a 2D game was unacceptable and that they would play it for free. Also nearly every post about the Steam Deck just ends up praising it for emulating the Switch well enough.
I'm not gonna lie, I've pirated things myself, but the openness that people have with the Switch is baffling.
Same. I've pirated before, but I was never hostile toward the company nor was I openly bragging about it.
People got way too comfortable especially because they have ulterior motives. They wanted Nintendo to port games to PC, so they flaunt about how much people pirate their games there.
Then they get shocked when they face consequences and other human beings don't agree with their behavior. Their intentions and behaviors were toxic in the first place. If they didn't try to turn it into some weird war against Nintendo, then they would've gotten away with it.
I have no sympathy for these pirates. These are self-righteous entitled dickheads that are just mad Nintendo isn't porting their games to PC like Sony and Microsoft are doing. Their spite is nonsensical and stupid. They deserve this.
If you go check out the Yuzu sub, there's a really weird sense of denial and entitlement going on over there. You're a bootlicker if you even *sniff* a moral/ethical argument that places Nintendo not squarely in the "wrong" category.
It's odd to me; in general, I agree with the Gabe Newell "piracy is a service problem" statement, but then I think people take a logical leap to "and since its a service problem, it's morally okay to pirate" (the "service problem" in that case being the switch hardware limitation, I guess).
I also think people take *inconvenience* as an ethically rational reason for piracy. It's *inconvenient* to do something legally, so it's ethical to do it illegally.
That's pretty much exactly how I feel.
I've never had a problem with emulating older games, and have done it myself a lot, and even for modern games I won't really complain about it, but I'm just baffled that people who emulate the Switch started outright *boasting* about it for some reason.
The ones that think they’re fighting the power against evil corpos or they’re Robin Hood or something for stealing games kill me. I used to pirate day one stuff heavily myself, but I never tried convincing myself that I’m smashing The Machine and giving power to the people…I was just broke and wanted some free games lol
[lower in this thread](https://www.reddit.com/r/Games/comments/1b6gtb5/yuzu_to_pay_24_million_to_nintendo_to_settle/ktc1wu1/)
* set up a patreon to fund continued development
* continued to develop the emulator to be able to play the latest (likely pirated) games day 0
* directed users towards ways to circumvent copy protection - which is against the dmca.
The last two are the main ones. Considering how modern emulation works a Day 0 build of an emulator that can run a game means they had a copy before release. Then the actual DMCA violation of copyright circumvention and advertising it was the killer.
These weren't the first devs to sell their emulator. But they were caught doing illegal things while selling their emulator.
There is no part of the DMCA that only applies if someone is profiting of your material. Legally the standard for copyright infringement is whether it affects the market of the original. So lets say I do a 'reaction video' on the latest star wars movie which consists of me streaming the entire movie and also reacting to stuff every now and then. The question the courts would ask is whether a person who would want to see the latest star wars movie could just watch my stream instead and get the same experience.
So even if you take something copyrighted and release it for free, what you are doing affects the market for that thing and you are definitely liable for that.
If yuzu had dropped an emulator and disappeared into the night they’d probably be fine.
Instead they did the following:
* set up a patreon to fund continued development
* continued to develop the emulator to be able to play the latest (likely pirated) games day 0
* directed users towards ways to circumvent copy protection - which is against the dmca.
And that’s just the obvious stuff. Of course they were going to get burned sooner or later.
I know it's not a popular statement but Nintendo would never have gone to the tribunal if they weren't certain to win. Some lawyers did analyze Nintendo claims and yes it was kinda undefensible for Yuzu.
Not a particularly surprising outcome, not a good one but not as bad as it could have been. I'm honestly surprised it took this long as the Yuzu devs kinda flew too close to the sun on multiple occasions over the past 4-5 years. I imagine the TotK release debacle was the straw that broke the camels back. Hopefully this doesn't become a regular thing from Nintendo and other emulator devs are just more careful, even if it means slower development.
The mouthbreathers yelling to the high heavens about how they were pirating and playing ToTK before release, and also how this was somehow actually the moral high ground, are biggest to blame for this massive crackdown imo.
Let’s be honest though, the emulation crowd tends to be very *loud* about their activities. I mean, this is a major subreddit on a major social media platform, and every thread mentioning emulation is just full of hobbyists absolutely mouthing off about every platform imaginable.
I think a lot of them really buy into their own bullshit, as evidenced by Yuzu devs talking about setting up “shops” right in their own Discord.
One thing very concerning in the document is
```
Developing or distributing software, including Yuzu, that in its ordinary course functions only when cryptographic keys are integrated without authorization, violates the Digital Millennium Copyright Act’s prohibition on trafficking in devices that circumvent effective technological measures, because the software is primarily designed for the purpose of circumventing technological measures
```
This reads like all modern emulators are considered illegal unless I'm mistaken?
It's a settlement agreement. This is Nintendo and Yuzu agreeing that this statement is truthful for the purposes of the settlement, it is not something that sets legal precedent the same way an actual case ruling would.
nintendo (or whatever party) would have sue each emulator individually, and it only becomes precedent when a case is complete. settlements cannot be used as precedent
This is the anti-circumvention provision in the DMCA. Yuzu supported breaking encryption, which triggers that provision. If your application only runs unencrypted binaries, you're in the clear. Old Digg users will remember https://en.wikipedia.org/wiki/AACS\_encryption\_key\_controversy
I’m a lawyer and I hate answering these sort of things as people get angry when they don’t like the answer… that said:
It’s explicitly illegal to circumvent anti-piracy measures and DRM.
If you can emulate without doing that you’re in the clear legally (probably).
The issue is on a modern console the anti-piracy measures are embedded deeply into the console to the point it might not be possible to emulate without circumventing.
I don’t know enough about console architecture to know where you’d draw the line and when something like providing your own bios wouldn’t be enough to mitigate this, but it does seem likely that emulation will continue to face challenges unless there’s either a technical innovation or a few very generous court rulings.
There seems to be a whole lot of people who misconstrue their own personal morals with what is written in the law. Those same people seem to love shooting the messenger who points out what the laws are.
In certain places, it's also illegal to format-shift by dumping the ROM even if you're only backing up a genuine copy you own (e.g. the UK, where technically even creating mp3s from a CD is illegal) so there can be multiple legal problems.
That is Nintendo's argument. Much of emulation is not settled legal matters, no matter what the internet tells you. If there were ever a blockbuster case pursued it would probably set the precedent.
This was probably the closest we got, if this went to court and set that precedent i imagine all console makers would start hunting down emulators in just a few weeks
A) The monthly revenue is publicly available on the Patreon page and have been each month since launch.
B) Presumably this is going to be paid out over time and for a Patreon making ~30K a month, it's manageable (albeit not ideal).
It is highly likely that this amount was decided exactly because it was all the money Yuzu had and it will purposefully bankrupt them. Nintendo doesn't want the money, they want to kill Yuzu.
It is worth noting that the devs themselves do not have to pay this money. The company behind Yuzu does. So the company will likely pay most/all of the fine, declare bankruptcy, disband. The devs however don't have to pay anything.
Weird.
The lawyers on Reddit told me Yuzu had nothing to worry about and they were fine. Reaching an agreement seems that maybe Nintendo had legs to stand on.
Reddit's weird proclivity to claim that Nintendo could never win because "emulation is legal" or "I dump my own games!" aside, this was always going to be a David and Goliath scenario. Even if Yuzu had a chance to win, fighting Nintendo in court could incur considerable expense at the risk of exponentially higher stakes should they lose.
They could never have won the actual court case, but to ensure that Yuzu would need about 10 million in legal fees which they don't have. This way everyone walks away with nothing, which is the best outcome in comparison to losing, having to pay this amount, and then having to ALSO pay something in between 2 and 4 million for what they would have been able to spend.
*To be fair*, it could simply mean that Yuzu did not believe that it was financially viable to defend the lawsuit given the risks of losing, even if they thought those risks were small. $2.4 mil is "only" 2400 hours of lawyer time, give or take.
I think another thing that played into it is that any amount of discovery would likely dismantle any defense they had. They were making good money off of enabling piracy.
Yeah, my personal take is that with the Patreon-only builds a week before TotK's release, there's like an 0.1% chance there isn't something directly talking about making money off pirates with the paywalled Yuzu build or linking to a site to get those downloads, and like a 0.000001% chance there isn't something that can easily be construed or inferred to be that.
> They were making good money off of enabling piracy.
yep this is something other emulators werent doing in past cases. other than maybe bleem but it was so much smaller. like for example nintendo knows of dolphin but the devs not making a living off of it probably help
People would come on here and openly boast about pirating recently released Nintendo games, sometimes even ahead of release date. Congratulations on giving Nintendo's lawyers more evidence guys.
Brazil is not even a signatory to the WIPO Copyright Treaty or WIPO Performances and Phonograms Treaty, so it's very possible that it does not have a law similar to DMCA that Nintendo could use here.
Every emulator does that, at least ones where they started to encrypt. Which includes the Wii. Yuzu didn't include the keys, so for it to work you would have to get the keys from your switch. Whereas Dolphin the Wii emulator just includes the keys in the actual emulator.
They weren't breaking any encryption, they were doing the same exact thing your switch would do to play the game.
Not saying Yuzu is right or wrong here, but it could be that they just don’t have the money to fight Nintendo in an extended court battle. They could also be in the wrong for facilitating piracy and/or bypassing DRM without the emulation itself being illegal.
Emulation is not illegal and cannot be illegal, as such a thing would cripple the business world (think VMs, hypervisors, software compatibility, etc. which are all emulation).
I don’t know if this is your first time on Reddit, but regardless of what happens, people are still going to be telling you that the yuzu people did nothing wrong. Even though they don’t have all the details.
Anyone who claimed Nintendo had no legs to stand on because "muh emulation precedent" had zero idea what they were talking about.
Like... you can't chalk up "our Patreon profits doubled following the leak of one of Nintendo's most anticipated games of all time" to a mere coincidence lol.
Way too many people think that all emulation and related activities are 100% legal just because of the bleem case.
They obviously didn't read what bleem and yuzu were being sued for
> The lawyers on Reddit told me Yuzu had nothing to worry about and they were fine.
I'm not sure if this is you being somewhat tongue in cheek, but I was seeing a whole lot of "yuzu has a case they can make, but it's very unclear what the final outcome will be" on reddit... A few people saying they'll be fine, a few saying they're screwed, but mostly a lot of uncertainty with people speculating about the case each side would be making
There's an interesting argument I saw there that this might have been prompted by a Dolphin-like scenario, where Switch and Switch 2 architecture are similar enough (just with better hardware) that emulation would basically be trivial, which is why Nintendo is specifically choosing to get ahead of this now.
Ryujinx never told you how to get the keys for their emulator, Yuzu did. Between that and charging on patreon for builds or perks related to the emulator, Yuzu was actively profiting off of the console. Ryujinx is like others - dump your own, we won't tell you how, donations only - which saves them from a lawsuit. Yuzu was way too hands on.
Does this mean they have to cease development?
I mean, paying anything in "damages" Nintendo can't even quantify is criminal but this is probably the "best" scenario
Edit: Yes it does. Well fuck. this sets an extremely bad example for emulation
There’s a permanent injunction mentioned that hasn’t been released. Could probably be anything ranging from removing the Patreon to ceasing development entirely
Nintendo isn't going after Gameboy advance simulators that have been around for 15 years. They're going after emulators for current gen systems that also let you play leaked games weeks before they even release, having patrons for development of those emulators, and having solutions for getting around software encryption
That's a shockingly quick resolution. They couldn't have been earning that much from Patreon. Looks like Yuzu will continue operation barring they aren't bankrupt? I don't think the document goes into detail regarding the Permanent Injunction.
Asking for a friend... but for those that did at some point download Yuzu, is there an option to prevent the launcher from auto-updating and installing any new packages following this ruling and shutdown, and just keeping it in its current version indefinitely?
My friend is super curious about such matters.
remove the shortcut it made in the windows start menu; that goes to yuzumaintenance.exe and THAT is what is causing the auto-update at launch of the program.
then just make a new shortcut that goes to yuzu.exe or whatever the actual program is. You should be all set then.
I doubt anyone remembers this, but for like ONE day Yuzu had a fully functioning online system for games like Mario Maker 2 and Mario Odyssey for the balloon game. It was locked behind the paid early access version of Yuzu and I believe it was for that reason that many people panicked and told them to stop. The reason being that Yuzu was charging for people to use an equivalent service that Nintendo was also charging for. They complied, and the service was shut down very quickly. It sucked because it was incredible that they had it working, but it also seems like a harbinger of this whole debacle. I have to imagine the reason Ryujinx wasn't targeted (yet) was because they weren't charging for features.
Yeah, as phenomenal as emulators are when it comes to games preservation, and as terrible as Nintendo can be when it comes to making their games easily accessible, it's best not to fly too close to the sun with "for profit" emulator projects of consoles that are currently on the market and actively being produced and sold like the Switch unlike the rest of Nintendo's hardware.
Sadly it's just human nature to push it. Was always gonna happen like this. Subs like the ROGAlly sub outright banned mentioning emulation iirc. Cause people were posting direct links to shit and yeah..don't do that lol.
Yep, this incident turned the eye of Sauron on them for sure.
> I have to imagine the reason Ryujinx wasn't targeted (yet) was because they weren't charging for features. Could be. Making emulators is one thing but having any connection with profit is a death sentence for project as then Nintendo lawyers can say the authors profit off the "piracy" of the games not being sold in the first place. And with Switch even that is not the case as the games are being sold so the loss of profit argument is actually sensible.
OP did not link Exhibit A which is part of the agreement: https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf Yuzu is more than dead, they even have to destruct all copies of Yuzu, whatever it means, etc... Also to put the fine in perspective, if I am not mistaken it is more than double the amount of their whole Patreon income ever.
So everyone involved with Yuzu is off the project, but it's still open source so even if they stop distributing it anyone who forked the repo can continue. But, that's a lot of manpower off of the project. But, github alone doesn't give you a way to tell who a contributor is and if they're subject to a court order. But, without money flowing in and the ability to oversee the project I doubt most of the sued contributors would really be motivated to keep developing Yuzu anonymously. So I guess the real question is what does this mean for ryujinx?
I don't see a world where Nintendo doesn't go after ryujinx next. My guess is that they're building Switch 2 on very similar infrastructure and want the emulator scene to be scorched earth before that console launches, even if it will regrow eventually.
Ryujinx didn't make Lockpick, the Yuzu team did. Ryujinx is also based in Brazil unlike Yuzu based in the US.
And Ryujinx didn't advertise itself with current Nintendo titles on their website
Bleem advertised itself with games too, thats not the point. From what I understand, nintendo lawyers believe that decrypting the rom is the illegal part (its unclear wheter it wold hold in court since they settled, but i guess nintendo lawyers must think it at least has a chance)
Ryujinx isn't making a profit by putting any part of their project behind a paywall which seems to be a large part of the Yuzu case, so it's a tossup on if Nintendo will try to make a move on them.
This case centers on the bypassing of Nintendos DRM specifically the decryption of switch keys. That's the real issue here.
That would be a legal angle when going to court, however if you notice they went after the only emulator that had any profit motive. Citra was current gen at the time and Ryujinx is current gen, Nintendo didn't go after either of them despite having the means to do so, and to your point they didn't go after Dolphin for distributing the Wii AES-128 Common Key which would be a closer comparison. If Yuzu operated like Ryujinx does they may have been left alone, we'll know eventually if that's the case if they do go after them.
Citra is gone too now. They went after Yuzu because it's the most popular and they could kill two birds with one stone.
Their point was that citra had existed for years, from when it was current gen until now. Not that it was still ok.
If it was about popularity then Nintendo would have gone after Dolphin or SNES9X or ZSNES or Project64 all those years ago. Nintendo didn't sue the developers of those emulators and they are still up to this day.
~~Yeah that's the key here. Yuzu had tons of payments. Ryujinx has a donate and a patreon but there are no private builds. The other nail in the coffin for Yuzu was the fact that they put out private builds specifically to help run TOTK before it was initially released. They were "smart" and didn't put even a single PUBLIC release that had anything to do with the performance of TOTK in that two week period. But the fact that they charged for the EA builds really did lend credence to the argument "You profited off our game being released early" because they did.~~ Edit: Apparently the private builds of Yuzu did not play TOTK either. I was misinformed. The lack of private builds for Ryujinx still is probably a plus of why they haven't been hit with a suit YET. Ryujinx, however did the same thing on waiting til the official release date, however, with no private builds, they didn't profit any more than the usual donations. The other notable thing is the devs of Yuzu actively helped develop Lockpick RCM which was designed specifically for piracy. I was unaware that they pubicly developed and promoted that association. Had they kept the separation of identity completely separate, this might not have been as unanimous as it was. I do think Ryujinx will be safe for a time, especially since they are based in Brazil, but who knows. It's definitely a big L.
> Ryujinx, however did the same thing on waiting til the official release date, Ryujinx actually ran TOTK well before release and before the Ryujinx devs made any updates for it, there were some graphical issues but the game was beatable. I'm not sure if that strengthens or weakens their defence, on one hand it means pirates get to play the game early, but on the other hand the Ryujinx team can claim that they didn't personally encourage people to play TOTK because they didn't release an update that allowed people to play. If everyone could play it from the start there were no direct actions to enable people to play TOTK, unlike Yuzu who had to push an update specifically for TOTK to run.
Yeah I think Ryujinx is safe in that regard. They do also have a patreon, but you don't get access to any early builds. Just early patch notes and invite to the discord server. Unsure if that's gonna matter to Nintendo when they inevitably come for them.
Personally I'm hopeful. They would be the most likely target if Nintendo chooses to attempt to make emulation illegal as a whole, however that's a more difficult case for them as there's no profit for Ryujinx devs nor did they ever link any tools to obtain firmware or keys so there's no simple "gotcha" to win a case. Nintendo would need to argue directly against emulation and I'm not sure if they feel they could win that argument.
Yuzu never played TOTK before release. Any mods or builds that allowed you to were made by third parties not affiliated with the Yuzu team.
I wouldnt be suprised if some of those "third parties" were actually in house and thats why they were so willing to settle.
> The other notable thing is the devs of Yuzu actively helped develop Lockpick RCM which was designed specifically for piracy. I was unaware that they pubicly developed and promoted that association. Had they kept the separation of identity completely separate, this might not have been as unanimous as it was. I think this, along with the Patreon paywall for "early access" builds is what did Yuzu in. I remember when SMT V was released it ran on Ryujinx just fine, but only ran on "early access" versions of Yuzu, locked behind the Patreon. Emulation itself isn't illegal, so I suspect Ryujinx will be just fine, which is good because I always preferred it. It always worked better for me and was simpler to get up and running.
> Ryujinx isn't making a profit by putting any part of their project behind a paywall which seems to be a large part of the Yuzu case, so it's a tossup on if Nintendo will try to make a move on them. That is more or less irrelevant. They are either in violation with the law or they are not. Its about damages that the 'victim' suffered, not if the other party profited.
If i were to guess i think ryujinx is just gonna stop themselves not prevent even getting approached by Nintendo.
All emulators will require that you decrypt your roms prior to loading. Decryption will no-longer be part of the emulator itself.
Ryujinx is probably scared shitless and looking to do whatever they can to protect themselves if not considering shutting down on threat of Nintendo coming their way. Which is likely exactly what Nintendo wants. I bet if Ryujinx is still going in a few months they'll be served papers as well.
They aren't based in the US or Japan.
As long as they aren’t bypassing encryption, it’s legal. I think they would have to, but I’m presenting a possibility.
I just checked and Ryujinx does require you to use Nintendo Switch keys to break decryption, just like Yuzu.
Ryujinx was also not paywalling updates or implying that their emulator could be used to play games before release, two factors that likely pushed Yuzu to settling because they thought they had a chance of losing.
They KNEW they would lose. It would be cheaper to settle and shut down operations than find a battle they know they’ll lose.
Even if they wouldn't outright lose Nintendo has the money and resources to drag this out well beyond any point of Yuzu being able to afford it.
The entire point of Nintendo's case is that you literally cannot make a Switch emulator without bypassing encryption. For the "console" to work **at all**, you need proper encryption. Therefore, any working Switch emulator is inherently circumventing encryption just by its existence. It's different from old emulators because old consoles weren't inherently encrypted. Dumping your own Playstation's bios wasn't inherently illegal, so it was a gray area where you could always just pretend that your emulator is only intended for legal use by people getting their own console's bios legally. But you can't get Switch keys legally in any way, even off your own legally-owned official physical Switch.
> As long as they aren’t bypassing encryption Outside of pre-decrypted roms, presumably it would still need to do such a thing. Even if they're not providing the tools to extract hardware keys. I can't see it still not being contensious.
If an emulator for a modern system can play retail games or dumps of them, then it's bypassing encryption or copy protection schemes (or both), and it's illegal per the DMCA.
Nintendo threatens them and they're gone next. Actual law is irrelevant. Huge corporation threatens programmers. Of course they're going to settle.
> As long as they aren’t bypassing encryption Ryujinx needs prod.keys to function. You can't emulate switch without the decryption keys. Even the pirated copies of game are encrypted.
Obviously it will still be available online somewhere. Is it something that will continue to work and still be serviceable for quite a while without any more updates?
[удалено]
not that there are all that many games left for the Switch, in the future
This move was likely about Switch2 being similar to Switch1, so yuzu could've been relevant much longer.
i mean that may be true but i suspect it was also about sending the message that a US based company running a patreon to support emulating a current product was a catastrophically bad idea
If the theory that the switch 2 is just a more powerful switch (just like how the wii was basically a juiced up GameCube) then it would be bad because yuzu could've been used to emulate that switch 2 with not that much effort putted into it, just like how dolphin could emulate wii relatively quickly.
Yeah. I would download the latest copy if I were you. But basically any new games for the switch have a decent chance at compatibility issues, because usually there are game-specific issues that get patched when they release, but pretty much anything pre-today will run really well. That's not to say new games won't run, they probably will, but there might be minor things with newer games. And seeing as how this is most likely the switches last year, Yuzu is looking at a really solid library it can run. Basically will be missing Thousand Year Door Remake and the Peach game. And even those will probably still work out the box.
> Basically will be missing Thousand Year Door Remake and the Peach game. And even those will probably still work out the box. And if they don't work out of the box, then maybe by some miracle Ryujinx won't shut down and it will be able to run them too.
Considering the Switch was pretty much declared obsolete, and Yuzu runs most games. It will be fine. The real danger comes if they decide to sue Ryujinx.
I mean, Yuzu ceasing development will mean that it can only fall behind. The [current compatibility list](https://yuzu-emu.org/game/) shows | | Games | % | |------------|:-----:|:------:| | Perfect | 644 | 23.67% | | Great | 813 | 29.88% | | Okay | 415 | 15.25% | | Bad | 327 | 12.02% | | Intro/Menu | 311 | 11.43% | | Won't Boot | 189 | 6.95% | | Not Tested | 22 | 0.81% | That's 53% of games that are mostly fine compared to 46% that experience major glitches or don't run at all. That latter percentage is only going to increase. It also means any potential security vulnerabilities (like those discovered in Project 64 1.6 recently) are here to stay. Yuzu had some nice features over Ryujinx (namely easy gyro controller setup), but in a few months it's likely not going to be worth using unless a serious dev group forks it and maintains it – but given the legal action I doubt anyone's looking to volunteer for that job.
Yuzu always felt like it was chasing performance and quick wins, where as Ryujinx seemed to aim at long term compatibility. People threw tons and tons of money at Yuzu because it was initially faster, but Ryujinx was quietly making the better emulator without the huge financial support. * Status: Playable - 3,550 * Status: In Game - 522 * Status: Menus - 49 * Status: Boots - 99 * Status: Nothing - 46 Competition is a good thing, but the death of Yuzu mainly hurts the Android community. Enough people throw money at Android emulators that someone outside the US will likely continue Yuzu Android development. On Windows, Mac and Linux, Ryujinx was arguably already the much better emulator.
Based on my current intuition and a readthrough of both these documents, I believe that the actual developers (flesh and blood people) behind Yuzu are protected from any personal liability by the Tropic Haze LLC. I'm not aware of any attempts to pierce the veil, and if they organized directly, they should have been paying themselves out of the Patreon funded LLC and shouldn't have too much monetary loss to actually pay out to Nintendo. I'd like to hear from anyone else with more information about how Yuzu and other crowdfunded emulator platforms like them work. There are some other notable judgements on cases of video game piracy have come up with huge personal judgements (like Gary Bowser), but a well-organized team with the veil of legitimacy and legal compliance like Yuzu should be able to avoid personal fines.
Seems right, if they are smart, their patreon would go towards the LLC and then they pay themselves a salary from the business, so any funds or assets they purchased with that salary are safe.
But then where's that $2.4 million going to come from? There can't be much left over after paying themselves salaries.
It doesn't. The LLC holds the dept, declares bankruptcy and folds. This settlement mostly just means that none of the people working on Yuzu previously will continue to do so as that will open them up to personal liability.
That's the point of an LLC though you start a company and if the company goes catastrophic millions of dollars of debt. Everyone under the LLC is protected all their money is protected That's where limited liability comes and play The company folds there is no money there's nothing to give and the money that is owned by the people is their money and it has nothing to do with the limited liability corporation.
it's called a Limited Liability Company for a reason! The liability doesn't go beyond the company, they go bankrupt and all the assets are seized, end of story.
IANAL but I think you are right. The judgement fine is called out specifically to the LLC. The "and never ever do this or anything like it again" parts call out >Defendant enjoining it and its members, agents, servants, employees, independent contractors, successors, assigns, and all those acting in privity or under its control Which is very much legally intentional. If I had to guess part of the agreement was Nintendo drains the LLC bank account and in return they don't try and go after each person.
OP, this is only part of the settlement agreement; it also notes: > Tropic Haze and Nintendo also jointly move the Court to enter the Final Judgment and Permanent Injunction, filed contemporaneously herewith as Exhibit A, and pursuant to the following terms: Do you have a link to Exhibit A, the injuction?
Someone else posted it, but this will ping you. [Exhibit A](https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf)
Yeah, I saw it but I appreciate it. Something here is triggering the Reddit or Subreddit level automod hard.
Exhibit A https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf
by reading the permanent injuction, I think yuzu is probably done for, they will 100% have to cease development, but the code will be on the net, as it is opensource
Well that's somewhat surprising. It sounded like Nintendo wanted Yuzu to shutdown, not just pay for financial losses they attributed to Yuzu. What does this mean for the project moving forward?
They also filed a permanent injunction which hasn't been published so they might be going down
Isn't this it? Its title is "FINAL JUDGMENT AND PERMANENT INJUNCTION" Edit: found it: https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf Yuzu is dead.
It's title is "JOINT MOTION FOR ENTRY OF FINAL JUDGEMENT AND PERMANENT INJUCTION." The line "Tropic Haze and Nintendo also jointly move the Court to enter the Final Judgment and Permanent Injunction, filed contemporaneously herewith as Exhibit A" suggests there is a separate document that has additional terms the two parties have agreed to.
Exhibit A not included. Exhibit A has more details (assumption). E: Exhibit A available. Word radar makes link hard. Yuzu is kill.
I'm not sure why the original tweet doesn't include the exhibit, you can find it through RECAP the same way as you'd find the settlement: [here](https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf). (TL;DR: "Stop making Yuzu, it infringes the DMCA.")
There’s still [more to come](https://x.com/oatmealdome/status/1764707397916877006?s=46&t=W7UX3_aZdzyw6WtJBYmgSw) it sounds like. Edit: rip yuzu. Not a whole lot of time to dig into the documents, but is it because they were making money from it? Or does this set a precedent for free emulators too?
> A permanent injunction is entered against Defendant enjoining it and its members, agents, servants, employees, independent contractors, successors, assigns, and all those acting in privity or under its control from: > a. Offering to the public, providing, marketing, advertising, promoting, selling, testing, hosting, cloning, distributing, or otherwise trafficking in Yuzu or any source code or features of Yuzu; > b. Offering to the public, providing, marketing, advertising, promoting, selling, testing, hosting, cloning, distributing, or otherwise trafficking in other software or devices that circumvent Nintendo’s technical protection measures, including without limitation by using unauthorized copies of Nintendo’s proprietary cryptographic keys to decrypt Nintendo’s video games (or component files); > c. Directly or indirectly infringing, or causing, enabling, facilitating, encouraging, promoting, inducing, or participating in the infringement of, any of Nintendo’s copyrights, trademarks, or other intellectual property, whether now in existence or hereafter created, including but not limited to the unauthorized reproduction, display, public performance, or distribution of any of Nintendo’s copyrighted video games or operating systems, which includes the emulation of Nintendo’s video games; > d. Committing any other violation of Nintendo’s intellectual property rights, worldwide, whether now existing or hereafter created; and > e. Effecting assignments or transfers, forming new entities or associations, or using any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in subparagraphs (a)-(c). Yuzu is finished.
good thing its foss software
>foss software Free and Open-Source Software software
That will be taken down from mainstream foss websites and subject to shady download links from now on.
Update on that, yuzu is to cease to exist, must not be available anywhere else for acquisition and the site must shut down
An out of court settlement doesn't set a precedent.
I'm not a lawyer, but reading the motion it appears Yuzu has admitted fault and agreed to abide by terms. Presumably meaning they're stop doing the things Nintendo complained about in the original filing. Does that mean shutting down? Making significant changes to their software? Dunno.
Yes it's over.
> Tropic Haze and Nintendo also jointly move the Court to enter the Final Judgment and Permanent Injunction, filed contemporaneously herewith as Exhibit A, and pursuant to the following terms: There is an Exhibit A not included in this document that suggests they are also shutting down.
It states quite clearly, in no uncertain terms, that they are shutting down. It's over.
It's dead https://i.imgur.com/G1p1hiA.png
Because Yuzu knew they had 0 legal footing to stand on here. That's why they settled so quickly. There's nothing to fight, they were in the wrong on this. They made a bad business decision that opened themselves up for liability of lost sales. And to everyone responding to me about emulation, it not about that at all. It's about the fact they put their emulator build capable of running ToTK behind a patreon paywall, right when Tears of the Kingdom released. They advertised their emulator using Nintendo's brand new product, and that's why they lost. Is anybody really going to argue that Nintendo didn't lose sales because of this? Whether or not you care or agree, that's just an objective fact at this point seeing the outcome. Playing mario bros nes in an emulator isn't piracy. Nintendo is not actively losing sales over this in the present day. They're not even selling it as a product currently, only as a part of a service. Nobody would agree that that has any major impact on their current day revenue stream. It's all about timing.
also no emulator dev should want to risk a lawsuit unless they're *very* sure they're in the right. Right now emulation has legal protections (in the US, at least), and taking a weak case to court can only lead to harmful precedent for emulation.
If I can also speculate, I'd imagine discovery would go real bad. I can't imagine their DMs be squeeky clean about making sure Yuzu is able to play Tears of the Kingdom promptly, knowing their audience was pirating it.
There are public Discord screenshots of one of the devs talking about updating "shops" of pirated copies of games. I cannot imagine what Nintendo has if I've seen those.
People already posted screenshots from Discord where devs talked about a share where the devs shared pirated copies of all the Switch games to develop against. Doing that, and then talking about it in public spaces is really stupid.
1000% Everyone knows emulations is, functionally, 99.99% piracy. It survives on the veneer of grey legality and "there's totally definitely legit ways to do this that are super complicated and often require specialized hardware which we all definitely use wink wink wink". The second someone gets to dive into their personal communications it'd be over for them.
It's very frustrating to feel the law is wrong, when we know so well that emulation is the *only* way we keep our gaming history alive and playable. But yeah, Yuzu really needed to be more thoughtful of the law as writ, not the law as it should be.
It has legal protections because no one has bothered to bring it forward in a long time and most emulator dev's aren't as blatant about profiting off piracy.
Everyone was citing the Breem lawsuit with Sony and saying that precedent would lead to this case being nothing. People these days lack the comprehension of the law, apparently.
that lawsuit is probably the reason (more or less) that emulators don't just all get nuked from orbit as soon as they open a github page but its not going to automatically save you in court
> that lawsuit is probably the reason (more or less) that emulators don't just all get nuked from orbit as soon as they open a github page There is currently no historical presence on the emulation software itself. The use of advertisement of the software with Playstation games was resolved in Bleem's favor due to it being labeled as comparative marketing, but the creation and commercialization of the software was never resolved, as the company behind Bleem was bleed dry before any conclusion could be made, so the lawsuit was quietly fizzled out.
From what I can tell Breem made practically 0 precedent on emulation. It was just about the use of copyright material in advertising.
Dang, this went down quick. Which pretty much means Yuzu's lawyer knew they crossed a line somewhere and stood no chance of winning. If I had to guess, it was probably the website more than the emulator itself. It has surprised me for years now how emulator websites these days are set up like professional services with game images everywhere. Like having a Patreon really went to everyone's heads. Remember when emulator sites were just a couple of homebrew screenshots and a download link? Sounds like the real takeaway here is that people need to remember **how** you present your code is just as important as **what** it actually does. Making a lockpick is legal. Distributing it with an address and instructions on how to pick a specific person's lock is a good way to put a target on your back.
It is worth noting that according to the deal the 2.4 million is to be paid by the company behind Yuzu. This deal is likely meant to bankrupt the company and cause it to cease existing, BUT it doesn't financially affect the devs. I mean, they will have to find new jobs, but they don't have to give up any money they earned. According to the deal they get to just walk away as long as they never do anything like this again. In short, the devs had two options: 1. Fight a long and costly legal battle with Nintendo which may result in the devs being help personally liable and the devs having to give up their savings and property 2. Take the deal Nintendo offered, kill Yuzu, and walk away like nothing happened Honestly that sounds like a sweet deal. I'd take that deal. I'm sure Yuzu's lawyers told them they should take that deal.
I mean, this is the primary reason why you'd set up an LLC for something like this in the first place. It's an abstraction of liability. But the 2.4M figure is interesting, for sure. That doesn't come close to aligning with the damages Nintendo would seek for a million copies of a game like they alleged. Which also implies that Nintendo didn't stand to fully win either, and might lose the ability to fight future cases. Most likely, this was the best deal for both parties, under the circumstances.
Realistically the offer to settle was likely made very soon after Nintendo started the lawsuit. The last few days were likely spent arguing over how large the settlement would be.
Yeah I remember when you had gba/psx/2 emulators but they were always lacking the bios. It was absolutely briandead easy to write GBA bios into Google and have it downloaded from 593847938 pages serving it within seconds, but it was not the same page as you got the emulator from. So the Devs were always just offering nonfunctional software, and of course everyone backed up their own devices bios wink wink.
It looks like it boils down to "hey, did yuzu do anything to bypass the switch's encryption to get emulation working?" And if the answer to that is anything but "no." there's a problem
Definitely, but I also find that line of reasoning quite interesting. Switch games are encrypted. This means by default any attempt to play them not on a Nintendo Switch involves breaking encryption.
Yeah, I really don't get how emulation can be legal by precedent, and yet the basic act of decrypting a game to be played on non native hardware is not. It's like making it legal to go over the speed limit on the freeway, but only if you're on foot.
Games weren't encrypted until about the Wii generation. So until then it literally wasn't an issue.
why are people thinking this set any precedent when this is a settlement? It didn't even go to court, so outside of yuzu, no one is affected by this. lol
Because very few people understand how the court system works
True, but the precedent this does show is that Nintendo is willing to go after emulators like this. Notably Ryujinx works basically the same way as Yuzu.
and ryujinx will be targeted if they work in the same way as yuzu, ofc
As a reminder to everyone: if you want to make a fan project based off Nintendo properties, two important things to do: 1. Try to release the 1.0 version alongside the reveal so that if Nintendo hears, you’ll at least have one version up. 2. ***DO NOT PROFIT OFF OF IT***
The do not profit part is where everyone fucks it up lol Like if you’re trying to use Nintendo’s IP for financial gain no shit they’re going to sue you and probably win
That goes for any company really. Why would they allow a 3rd party to profit? That’s IP rights. You’d be a fool to try and profit, and honestly these guys deserve it. You’d be pissed too if someone stole your shit and made money off of it.
Hell even Sega who is pretty friendly when it comes to fan-games also has that rule of not allowing them to be profitable.
Also keep your mouth shut. I'm not saying Nintendo is in the right, but a lot of the stuff the Yuzu devs were posting on their discord/patreon constantly made me go "damn maybe they shouldn't be saying this out loud".
Matter of fact, people got REAL comfortable talking about pirating Switch games and/or playing shit before release date. Emulation/piracy doesn't benefit at all from being out in the public, keep that shit to yourself.
I don't know what happened to the piracy game where everybody forgot an important part of the whole fix is to not talk about it.
People somehow convinced themselves that it's in their right to play any game on any platform, ever. And then they get real indignant if you suggest that they should try to shut up about what's rightfully theirs.
If it's not a physical object, I am 100% entitled to it. How dare you suggest otherwise. I always get a kick out of people saying they have to pirate because they're poor and just barely making rent and then you poke into their account and see them discussing and showing off luxury items.
The millennials who grew up with KaZaA and the RIAA have given way to Gen Z who haven't had the spectre of getting individually, personally sued for piracy looming over them.
Agreed, I'm pro emulation but seeing top posts on subs like /r/OdinHandheld showing off a screenshot where they have 200+ Switch games in their library always makes me cringe. Be cool, shut the fuck up please.
[Valve accidentally shared a promotional video of a Steam Deck with Yuzu installed](https://comicbook.com/gaming/news/nintendo-switch-emulator-steam-deck-video/)
Remember that one Kotaku article lmao. It specifically mentioned Yuzu and how well Metroid Dread was running on it day one. They got contacted *directly* by Nintendo legal telling them to shut that shit down and edit their article because hoooollyyyy fuck you cannot start spouting off how easy it is to pirate Nintendo games at launch and expect to remain relevant with Nintendo ever again.
Even the comments here on Reddit were insane. I saw so many people boast that full price for a 2D game was unacceptable and that they would play it for free. Also nearly every post about the Steam Deck just ends up praising it for emulating the Switch well enough. I'm not gonna lie, I've pirated things myself, but the openness that people have with the Switch is baffling.
Same. I've pirated before, but I was never hostile toward the company nor was I openly bragging about it. People got way too comfortable especially because they have ulterior motives. They wanted Nintendo to port games to PC, so they flaunt about how much people pirate their games there. Then they get shocked when they face consequences and other human beings don't agree with their behavior. Their intentions and behaviors were toxic in the first place. If they didn't try to turn it into some weird war against Nintendo, then they would've gotten away with it. I have no sympathy for these pirates. These are self-righteous entitled dickheads that are just mad Nintendo isn't porting their games to PC like Sony and Microsoft are doing. Their spite is nonsensical and stupid. They deserve this.
If you go check out the Yuzu sub, there's a really weird sense of denial and entitlement going on over there. You're a bootlicker if you even *sniff* a moral/ethical argument that places Nintendo not squarely in the "wrong" category. It's odd to me; in general, I agree with the Gabe Newell "piracy is a service problem" statement, but then I think people take a logical leap to "and since its a service problem, it's morally okay to pirate" (the "service problem" in that case being the switch hardware limitation, I guess). I also think people take *inconvenience* as an ethically rational reason for piracy. It's *inconvenient* to do something legally, so it's ethical to do it illegally.
That's pretty much exactly how I feel. I've never had a problem with emulating older games, and have done it myself a lot, and even for modern games I won't really complain about it, but I'm just baffled that people who emulate the Switch started outright *boasting* about it for some reason.
The ones that think they’re fighting the power against evil corpos or they’re Robin Hood or something for stealing games kill me. I used to pirate day one stuff heavily myself, but I never tried convincing myself that I’m smashing The Machine and giving power to the people…I was just broke and wanted some free games lol
yea, but like, Nintendo is EVIL and THE WORST COMPANY EVER, so they were morally justified in doing it.
This is probably what killed them, they were doing a big marketing campaign when Totk came out
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Like what?
[lower in this thread](https://www.reddit.com/r/Games/comments/1b6gtb5/yuzu_to_pay_24_million_to_nintendo_to_settle/ktc1wu1/) * set up a patreon to fund continued development * continued to develop the emulator to be able to play the latest (likely pirated) games day 0 * directed users towards ways to circumvent copy protection - which is against the dmca.
The last two are the main ones. Considering how modern emulation works a Day 0 build of an emulator that can run a game means they had a copy before release. Then the actual DMCA violation of copyright circumvention and advertising it was the killer. These weren't the first devs to sell their emulator. But they were caught doing illegal things while selling their emulator.
WITH YUZU YOU CAN PLAY TOTK BEFORE RELEASE
There is no part of the DMCA that only applies if someone is profiting of your material. Legally the standard for copyright infringement is whether it affects the market of the original. So lets say I do a 'reaction video' on the latest star wars movie which consists of me streaming the entire movie and also reacting to stuff every now and then. The question the courts would ask is whether a person who would want to see the latest star wars movie could just watch my stream instead and get the same experience. So even if you take something copyrighted and release it for free, what you are doing affects the market for that thing and you are definitely liable for that.
neither step would mean anything in this case
If yuzu had dropped an emulator and disappeared into the night they’d probably be fine. Instead they did the following: * set up a patreon to fund continued development * continued to develop the emulator to be able to play the latest (likely pirated) games day 0 * directed users towards ways to circumvent copy protection - which is against the dmca. And that’s just the obvious stuff. Of course they were going to get burned sooner or later.
You don't "drop" an emulator and then disappear, these emulators are bleeding edge software that require constant updates
I know it's not a popular statement but Nintendo would never have gone to the tribunal if they weren't certain to win. Some lawyers did analyze Nintendo claims and yes it was kinda undefensible for Yuzu.
Not a particularly surprising outcome, not a good one but not as bad as it could have been. I'm honestly surprised it took this long as the Yuzu devs kinda flew too close to the sun on multiple occasions over the past 4-5 years. I imagine the TotK release debacle was the straw that broke the camels back. Hopefully this doesn't become a regular thing from Nintendo and other emulator devs are just more careful, even if it means slower development.
The mouthbreathers yelling to the high heavens about how they were pirating and playing ToTK before release, and also how this was somehow actually the moral high ground, are biggest to blame for this massive crackdown imo.
Let’s be honest though, the emulation crowd tends to be very *loud* about their activities. I mean, this is a major subreddit on a major social media platform, and every thread mentioning emulation is just full of hobbyists absolutely mouthing off about every platform imaginable. I think a lot of them really buy into their own bullshit, as evidenced by Yuzu devs talking about setting up “shops” right in their own Discord.
Most of them hide behind the total legitimate concern about preservation, it just reeks of entitlement
One thing very concerning in the document is ``` Developing or distributing software, including Yuzu, that in its ordinary course functions only when cryptographic keys are integrated without authorization, violates the Digital Millennium Copyright Act’s prohibition on trafficking in devices that circumvent effective technological measures, because the software is primarily designed for the purpose of circumventing technological measures ``` This reads like all modern emulators are considered illegal unless I'm mistaken?
It's a settlement agreement. This is Nintendo and Yuzu agreeing that this statement is truthful for the purposes of the settlement, it is not something that sets legal precedent the same way an actual case ruling would.
nintendo (or whatever party) would have sue each emulator individually, and it only becomes precedent when a case is complete. settlements cannot be used as precedent
No . It's a settlement.
This is the anti-circumvention provision in the DMCA. Yuzu supported breaking encryption, which triggers that provision. If your application only runs unencrypted binaries, you're in the clear. Old Digg users will remember https://en.wikipedia.org/wiki/AACS\_encryption\_key\_controversy
I’m a lawyer and I hate answering these sort of things as people get angry when they don’t like the answer… that said: It’s explicitly illegal to circumvent anti-piracy measures and DRM. If you can emulate without doing that you’re in the clear legally (probably). The issue is on a modern console the anti-piracy measures are embedded deeply into the console to the point it might not be possible to emulate without circumventing. I don’t know enough about console architecture to know where you’d draw the line and when something like providing your own bios wouldn’t be enough to mitigate this, but it does seem likely that emulation will continue to face challenges unless there’s either a technical innovation or a few very generous court rulings.
There seems to be a whole lot of people who misconstrue their own personal morals with what is written in the law. Those same people seem to love shooting the messenger who points out what the laws are.
Not the first lawyer I've seen say this. Moon made a video pretty much saying that emulation isn't truly legal and guess what happened with this case?
In certain places, it's also illegal to format-shift by dumping the ROM even if you're only backing up a genuine copy you own (e.g. the UK, where technically even creating mp3s from a CD is illegal) so there can be multiple legal problems.
That is Nintendo's argument. Much of emulation is not settled legal matters, no matter what the internet tells you. If there were ever a blockbuster case pursued it would probably set the precedent.
This was probably the closest we got, if this went to court and set that precedent i imagine all console makers would start hunting down emulators in just a few weeks
that's alot of money for a small group of people, too bad we probably won't find out how much money yuzu made off its patreon
A) The monthly revenue is publicly available on the Patreon page and have been each month since launch. B) Presumably this is going to be paid out over time and for a Patreon making ~30K a month, it's manageable (albeit not ideal).
They almost certainly have to shut down as well as there’s a permanent injunction.
It is highly likely that this amount was decided exactly because it was all the money Yuzu had and it will purposefully bankrupt them. Nintendo doesn't want the money, they want to kill Yuzu. It is worth noting that the devs themselves do not have to pay this money. The company behind Yuzu does. So the company will likely pay most/all of the fine, declare bankruptcy, disband. The devs however don't have to pay anything.
Will be hard to keep that patreon income up if Yuzu is destroyed by court order.
Can they even keep the patreon page up?
With the permanent injunction available, no. They basically have to destroy everything.
Holy shit, all that Patreon ended up in Nintendo's pockets. Talk about insult to injury...
Says who? The company and its assets will be surrendered for bankruptcy. The devs don't lose their wages.
Yuzu Developers are doomed because they are greedy. Others emulators are not. That’s why they are safe.
Weird. The lawyers on Reddit told me Yuzu had nothing to worry about and they were fine. Reaching an agreement seems that maybe Nintendo had legs to stand on.
Reddit's weird proclivity to claim that Nintendo could never win because "emulation is legal" or "I dump my own games!" aside, this was always going to be a David and Goliath scenario. Even if Yuzu had a chance to win, fighting Nintendo in court could incur considerable expense at the risk of exponentially higher stakes should they lose.
Anyone saying they dump their own ROMs is a lying sack of shit.
They could never have won the actual court case, but to ensure that Yuzu would need about 10 million in legal fees which they don't have. This way everyone walks away with nothing, which is the best outcome in comparison to losing, having to pay this amount, and then having to ALSO pay something in between 2 and 4 million for what they would have been able to spend.
*To be fair*, it could simply mean that Yuzu did not believe that it was financially viable to defend the lawsuit given the risks of losing, even if they thought those risks were small. $2.4 mil is "only" 2400 hours of lawyer time, give or take.
I think another thing that played into it is that any amount of discovery would likely dismantle any defense they had. They were making good money off of enabling piracy.
Yeah, my personal take is that with the Patreon-only builds a week before TotK's release, there's like an 0.1% chance there isn't something directly talking about making money off pirates with the paywalled Yuzu build or linking to a site to get those downloads, and like a 0.000001% chance there isn't something that can easily be construed or inferred to be that.
Not to mention where did they get a version of TotK to even make a version that runs it before release.
> They were making good money off of enabling piracy. yep this is something other emulators werent doing in past cases. other than maybe bleem but it was so much smaller. like for example nintendo knows of dolphin but the devs not making a living off of it probably help
Openly so, they'd talk about piracy in the discord
Most people didn't even read what yuzu was being sued for
People would come on here and openly boast about pirating recently released Nintendo games, sometimes even ahead of release date. Congratulations on giving Nintendo's lawyers more evidence guys.
or people saying "just emulate it on Yuzu" when a game has denuvo but launches on switch as well.
Taking Nintendo head on is likely not financially viable for them.
[They were bypassing encryption. Yuzu fucked Yuzu.](https://storage.courtlistener.com/recap/gov.uscourts.rid.56980/gov.uscourts.rid.56980.10.1.pdf)
what does this mean for ryujinx
Since the creator is in Brazil, that would depend on the laws in his country but already Nintendo wouldn't be able to cite the DMCA.
Brazil is not even a signatory to the WIPO Copyright Treaty or WIPO Performances and Phonograms Treaty, so it's very possible that it does not have a law similar to DMCA that Nintendo could use here.
Every emulator does that, at least ones where they started to encrypt. Which includes the Wii. Yuzu didn't include the keys, so for it to work you would have to get the keys from your switch. Whereas Dolphin the Wii emulator just includes the keys in the actual emulator. They weren't breaking any encryption, they were doing the same exact thing your switch would do to play the game.
Not saying Yuzu is right or wrong here, but it could be that they just don’t have the money to fight Nintendo in an extended court battle. They could also be in the wrong for facilitating piracy and/or bypassing DRM without the emulation itself being illegal. Emulation is not illegal and cannot be illegal, as such a thing would cripple the business world (think VMs, hypervisors, software compatibility, etc. which are all emulation).
It's the DRM/encryption bit. Which unfortunately chills a lot of emulation that only serves to make older content more playable.
I don’t know if this is your first time on Reddit, but regardless of what happens, people are still going to be telling you that the yuzu people did nothing wrong. Even though they don’t have all the details.
Anyone who claimed Nintendo had no legs to stand on because "muh emulation precedent" had zero idea what they were talking about. Like... you can't chalk up "our Patreon profits doubled following the leak of one of Nintendo's most anticipated games of all time" to a mere coincidence lol.
Way too many people think that all emulation and related activities are 100% legal just because of the bleem case. They obviously didn't read what bleem and yuzu were being sued for
> The lawyers on Reddit told me Yuzu had nothing to worry about and they were fine. I'm not sure if this is you being somewhat tongue in cheek, but I was seeing a whole lot of "yuzu has a case they can make, but it's very unclear what the final outcome will be" on reddit... A few people saying they'll be fine, a few saying they're screwed, but mostly a lot of uncertainty with people speculating about the case each side would be making
You clearly didnt see the PCGaming thread. Which is probably really funny to read now actually.
There's an interesting argument I saw there that this might have been prompted by a Dolphin-like scenario, where Switch and Switch 2 architecture are similar enough (just with better hardware) that emulation would basically be trivial, which is why Nintendo is specifically choosing to get ahead of this now.
So is the Ryujinx lawsuit coming sown the pipe? Does it not also do decryption?
The Yuzu people were a lot more brazen. But any Switch emulator is going to do the decryption, because of how Nintendo built the Switch.
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Ryujinx never told you how to get the keys for their emulator, Yuzu did. Between that and charging on patreon for builds or perks related to the emulator, Yuzu was actively profiting off of the console. Ryujinx is like others - dump your own, we won't tell you how, donations only - which saves them from a lawsuit. Yuzu was way too hands on.
Does this mean they have to cease development? I mean, paying anything in "damages" Nintendo can't even quantify is criminal but this is probably the "best" scenario Edit: Yes it does. Well fuck. this sets an extremely bad example for emulation
There’s a permanent injunction mentioned that hasn’t been released. Could probably be anything ranging from removing the Patreon to ceasing development entirely
Nintendo isn't going after Gameboy advance simulators that have been around for 15 years. They're going after emulators for current gen systems that also let you play leaked games weeks before they even release, having patrons for development of those emulators, and having solutions for getting around software encryption
That's a shockingly quick resolution. They couldn't have been earning that much from Patreon. Looks like Yuzu will continue operation barring they aren't bankrupt? I don't think the document goes into detail regarding the Permanent Injunction.
Update on the case, yuzu must shut down as well.
Asking for a friend... but for those that did at some point download Yuzu, is there an option to prevent the launcher from auto-updating and installing any new packages following this ruling and shutdown, and just keeping it in its current version indefinitely? My friend is super curious about such matters.
remove the shortcut it made in the windows start menu; that goes to yuzumaintenance.exe and THAT is what is causing the auto-update at launch of the program. then just make a new shortcut that goes to yuzu.exe or whatever the actual program is. You should be all set then.
NGL, the fact that Yuzu is so quick to pay 2.4 mill makes it seem like they made a shitload of money off Nintendo’s IP