this post was submitted on 01 Oct 2024
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Steam Deck
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I will always say this in these "Nintendo shuts down beloved fan project" threads: why don't the people working on these projects operate anonymously and release via torrent? I feel like I've been reading the same story for 20 years. It shouldn't come as a surprise to anyone at this point that Nintendo will come after you.
Because emulation is legal. It shouldn't have to be hidden. This was taken through the courts in 2001 with the Sony vs Bleem lawsuit.
What appears to be happening is Nintendo is abusing its power and money to make threats of legal action that these groups just can't afford to fight, even though they haven't done anything illegal. It should be coming as a surprise that Nintendo is coming for them, because this is completely legal, and not some fan game using Nintendo IP (which is what they normally shut down).
Legal in the US. I think this guy is in Brazil.
The Sony verdict didn’t establish emulation as legal
At most you find that it established using mods/creating derivatives is illegal
And on the low end it found that using pictures from competitors in advertising as comparison isn’t illegal
This is like if a pedestrian gets struck by a car while on a crosswalk. Yeah, they were allowed to be there... but they should have looked both ways before crossing the street.
This is a case of people being idealistic rather than practical.
Incidentally, this is a perfect example, because the automotive industry ran a series of ad campaigns to change public sentiment after cars got more common and children and elderly citizens started dying in the streets.
Nintendo is working equally hard to change public sentiment against the innocent.
Source: https://www.vox.com/2015/1/15/7551873/jaywalking-history
You're talking about blame assignment, but I am instead referring to the fact that in both the Nintendo and the automotive example that somebody got smacked because they weren't careful enough.
ITT: people not understanding the difference between BLAME and OUTCOME and downvoting you because of it. Incidentally, I also read a thread earlier today that talked about declining literacy in adults....
That sounds like grounds for some kind of legal action. Antitrust? Class action? I don't know the specifics of the best strategy for approaching it, but if Nintendo is showing a pattern of using their legal team to harass legally operating emulator developers that sounds like something that should be actionable.
Nintendo didn't put legal pressure on emulator devs for decades at this point, which made devs less cautious about preserving their pseudonymity.
Now it's too late and they can't stop Nintendo from finding out who they are and which mistakes they did at some point over the years.
Maybe a new generation of emulator developers will be more protective of their identity, by using hosting providers like Njalla or privacy networks like i2p. The latter would limit access (as it requires i2p), which isn't desirable for most users.