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Nintendo is suing the creators of Switch emulator Yuzu
(news.bloomberglaw.com)
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Yuzu doesn't do any encryption breaking. The user is meant to use their Switch to dump their keys, which are legally owned by the user. Then it uses those legal keys to decrypt the ROMs by the exact normal method that the Switch itself uses. They were going based on precedent legal rulings about console emulation. Copying the decryption keys and making copies of the software for archival purposes have both been previously ruled to be perfectly legal for the enduser and don't constitute piracy. This suit will challenge that notion.
this is the part where they circumvent the copyright protection, even if you do it "the same way" it's still not authorized, the DMCA is fairly broad about this stuff, one of the reasons it's so bad