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Joined 1 year ago
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Cake day: July 31st, 2023

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  • The emulator itself doesn’t necessarily have to exist only to run retail games. It could be used to develop or debug homebrew and marketed as such. They wouldn’t even need to have decrypted the operating system to understand it, as Atmosphère is a complete reimplementation untainted by Nintendo code.

    If it ran retail games as a consequence of being accurate to real hardware, that would just be a happy accident. And as long as the developers don’t acknowledge running retail games and don’t directly assist in fixing them, they have plausible deniability.

    This raises the following question: if Nintendo does not respect in the slightest our property rights by pulling such stunts, why should we as end users respect their intellectual property rights?

    I’m a big fan of the “buy a game and crack it right after” philosophy. Respect property rights until something is in one’s legitimate possession, and then remove any encumbrances preventing it from being used in the way the purchaser wanted.












  • I wouldn’t call it a clear violation of 17 U.S.C. 1201, but it was a plausible one. I do agree that they would have been blasted for legal fees trying to figure that part out, however.

    Nintendo had a leg to stand on, but it was highly dependent on whether the judge would find an emulator’s primary purpose to be DRM prevention. A good judge that does research into the subject likely wouldn’t find it to be the case, since the primary purpose is emulation and decrypting game titles is only a small part of that. Ending up with a luddite or corporate shill judge is always a huge risk, though.