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Nintendo is suing the creators of Switch emulator Yuzu
(overkill.wtf)
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It is when the product is using their IP to violate copyright laws.
I fully support emulators and pirating, but I don't lie to myself about it being legal or ethical.
If you read the lawsuit Nintendo is suing because Yuzu acknowledges their software can't run without the Switch's decryption keys. Yuzu also has instructions to extract the decryption keys on their website. So Yuzu is not completely reverse engineering how the Switch runs games.
That's a failure on the DMCA, not on Yuzu.
The law clearly establishes the protection by which you are allowed to make a personal backup copy. Yuzy thus should by design allow you to play this backup copy, as would any other emulator that actually did its job. If you need to break DRM in order to get your own keys to play your personal copy in the first place, it's not Yuzu's fault, it's a DMCA provision that has been put n place without forethought on how it clashes against the use provision.
Oh please, that's the same argument of, "It's not a bong, it's a tobacco pipe." Yeah, they might call it that to circumvent the law, but everyone knows damn well that 99% of users aren't using it for that.
They're profiting off selling a tool that breaks encryption and bypasses copyright protections. The profit is the issue here.
While I support their efforts, I can also realize that Nintendo absolutely has a right to try to stop them, and it's not unethical for them to do so.