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this post was submitted on 28 Feb 2024
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ho... Scary indeed. I hope yuzu has a good legal team. Would the ruling also apply to other software product in this category (outside of emulation) ?
Probably not. The argument Nintendo is making is very specific and involves finding out if a rom-decrypting emulator's primary purpose is {some proclaimed legal activity like preservation} or if it's actually DRM circumvention.
If they get a favorable ruling, it will open the flood gates for console manufacturers to decimate the emulator landscape for anything newer than the PS2 era, however. Wii+, 3DS, PS3+, and Xbox 360+ all employed some form of encryption. Any emulators for those systems that don't exclusively load already-decrypted ROMs and firmwares would be prime targets in the coming years.
Outside of emulators, maybe it would make it easier to argue that any homebrew that creates decrypted game backups is a circumvention tool. Anything beyond that would likely be too different of a scenario for Nintendo v. Yuzu to be considered a precedent.