Nintendo’s full case filing


https://twitter.com/stephentotilo/status/1762576284817768457/

"NEW: Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo’s software encryption and facilitates piracy. Seeks damages for alleged violations and a shutdown of the emulator.

Notes 1 million copies of Tears of the Kingdom downloaded prior to game’s release; says Yuzu’s Patreon support doubled during that time. Basically arguing that that is proof that Yuzu’s business model helps piracy flourish."

  • @kadu@lemmy.world
    link
    fedilink
    English
    309
    edit-2
    1 year ago

    I have a .zip containing the latest early access version of Yuzu, for Windows and Linux. It includes the emulator, all required decryption keys, the latest firmware for game compatibility, a tool to automatically download mods, and a convenient guide on how to acquire ROMs.

    I will forever distribute this .zip in a non-limited download link to anyone who asks me. Forever. You can PM me today and I’ll send it, you can PM me in 5 years and I’ll send it. Please feel free to do so. It’s not illegal to share where I live, so I’ll share. But do it via PMs, as to avoid causing trouble to the community.

    Again, forever. If you’re reading this in the future, unless I’m dead (my mental health is a bit shaky), I’m sending you a fully functional Yuzu pack.

    Have a nice day.

    • @scarilog@lemmy.world
      link
      fedilink
      English
      331 year ago

      Hang in there, friend, there any many more Nintendo games coming that we must enjoy through piracy to stick it to Nintendo, don’t leave just yet.

    • @Squizzy@lemmy.world
      link
      fedilink
      English
      91 year ago

      Please on me this, and stay strong with the mental health. Seeking help is important and recognising you need it is the first step.

    • rossome!
      link
      fedilink
      English
      81 year ago

      What is the auto-download mod tool you are referring to?

      • @kadu@lemmy.world
        link
        fedilink
        English
        161 year ago

        YuzuModDownloader will detect games in your library, check the built in repositories, download the mods and apply them automatically. Do keep in mind it enables all mods by default, so make sure to go to the game’s settings and disable the ones you don’t need.

        • @Excrubulent@slrpnk.net
          link
          fedilink
          English
          31 year ago

          Are these mods to improve things like stability and performance? I’ve found I can only use Yuzu to test out games because it’s impossible to put any real time into them due to crashes.

          • @kadu@lemmy.world
            link
            fedilink
            English
            71 year ago

            Some allow you to enable better graphics than the native version, some can downgrade graphics to improve performance. Some remove framerate limits. Some are cheats, with infinite health and similar. It varies a lot, really.

            For example, with Tears of the Kingdom on a Steam Deck there are mods to make the game run at 16:10, with better performance, and better frame pacing at 30 FPS. If you’re running it on a PC, there are 60 FPS mods with improved draw distances and shadow resolution.

    • CH3DD4R_G0B-L1N
      link
      fedilink
      English
      51 year ago

      Pretty sure I saw your comment in a Reddit thread about this. You’re doing good work. Stay strong, legend.

    • @blurryeyes@lemmy.world
      link
      fedilink
      English
      51 year ago

      I had no interest on playing switch games, but I do have a problem with authority overstepping. I’ll help you stick it to the man and evangelize more people on the ways of the Corsair. Pm’ed

    • lamermann
      link
      fedilink
      English
      51 year ago

      Hey man, hope your mental health improves. I’m not quite safe for myself without my anti depressants so I know how that goes.

      Keep your chin up.

    • Polysics
      link
      fedilink
      English
      41 year ago

      If you send me this (I pm’ed ya) I will be happy to keep this torch aflame as well.

    • @Alborlin@lemmy.world
      link
      fedilink
      English
      11 year ago

      Hello, I would be greatful if I can do what you said I can do.

      I strongly hope and wish you feel better.

    • Kabze
      link
      fedilink
      English
      11 year ago

      Dmed you!

      Kudos to you for helping out others. 🙏

    • Trailblazing Braille Taser
      link
      fedilink
      English
      01 year ago

      Would you consider posting the SHA256 of the download so future pirates may cross reference with this comment thread? Y’arr.

      • @kadu@lemmy.world
        link
        fedilink
        English
        91 year ago

        Sorry, didn’t mean to create this impression. You’re correct - there are mirrors of the official GitHub, other sites hosting it, pre-built binaries being shared on Internet Archive and Discord. You can find Yuzu, and you can probably do so from websites you already know and trust. The keys and firmware are a bit harder for newcomers (which is why I include them in the pack), Google is filled with junk when you search for those, but if you’re already a member of certain communities or have a hacked Switch, you can obtain those easily too.

        But I do keep this updated pack that I use when a friend needs it or I happen to format a new PC. It’s already clean, already features the keys and firmware, and I know I can trust it (I built it after all hehe) so I might as well share. Maybe in the future Yuzu links will be harder to find or filled with crapware, mine will not. Maybe Yuzu will win the court case and be distributed on Steam… That’s great! I’ll probably still keep my pack, you never know with these things.

        I basically share everything I have, if somebody wants it. Rarely is my copy the only one or somehow special. I believe the single “rare to find” digital piece of media I own is an .iso backup of a brazilian CD-ROM child’s game. But seriously, I don’t attribute much thought to rarity or importance or my name when sharing these things, I just want people who want Yuzu to have Yuzu.

        • @LucidNightmare@lemmy.world
          link
          fedilink
          English
          21 year ago

          Hey, Kadu! I was having the hardest time trying to find your comment on multiple apps after seeing it on the web version of Voyager. Now, after finding you, I can’t even DM you on any of the three that I use so I am resorting to commenting here in the hopes you’ll be able to see me and hopefully DM me the link for your zip! If you do see this, thank you so freaking much, and I and many other really appreciate you doing this solid! 😁

    • @TORFdot0@lemmy.world
      link
      fedilink
      English
      431 year ago

      They could have sold 19 million copies though. Won’t someone think of the billion dollar corporations?

      • @PineRune@lemmy.world
        link
        fedilink
        English
        361 year ago

        I feel like a large number of the people pirating wouldn’t have bought the game even if it was their only option. Then there’s people who pirated and bought the game both. Unrealized profit is not the same as losing money.

        • tryptaminev 🇵🇸 🇺🇦 🇪🇺
          link
          fedilink
          English
          101 year ago

          But the IP lobby sucessfully got that idea to the courts. In my country if you are caught torrenting a series episode just for 10 seconds, the courts accept the idea, that you spread like a hundred copies of the IP to people who would have definetely bought it otherwise, so you now owe the IP holder 1000 €.

          It is complete horseshit

        • @caut_R@lemmy.world
          link
          fedilink
          English
          71 year ago

          I think the majority of these is people just downloading it to see if it works for 2 hours and never touch it again lol

  • @bozo@lemmy.worldOP
    link
    fedilink
    English
    731 year ago

    What’s more, is that from these passages, it sounds like Nintendo even wants backups of games you have lawfully purchased to constitute copyright violation and made illegal (because they have to bypass encryption, therefore violating DMCA). I’m not fluent in legalese though, so correct me if I’m misinterpreting:

    • @evranch@lemmy.ca
      link
      fedilink
      English
      461 year ago

      These passages imply the writers of them lack basic computer literacy and don’t even understand Nintendo’s own systems.

      • “copied the game ROMs into Yuzu” Yuzu is not a VM or other container and the ROMs are simply stored on disk in their original dumped form… Yuzu doesn’t “store” or “contain” any games.

      • “any copy not on an authorized cartridge” LOL! What about games downloaded from your own digital marketplace, then?

      What about a game you downloaded from Nintendo eShop and stored on an external SD card, which is a standard and well supported storage method on Switch? Is that SD card an “authorized cartridge”?

      • Atemu
        link
        fedilink
        English
        7
        edit-2
        1 year ago

        “copied the game ROMs into Yuzu” Yuzu is not a VM or other container and the ROMs are simply stored on disk in their original dumped form… Yuzu doesn’t “store” or “contain” any games.

        ROMs are indeed copied “into Yuzu”. They must be loaded into Yuzu’s memory in order for Yuzu to execute their code or render their assets. In copyright law, even loading something to memory constitutes a “copy”.

        Also, almost every emulator is a VM; do you think those ARM instructions are running on your x86 processor and its desktop OS kernel natively?

        • @evranch@lemmy.ca
          link
          fedilink
          English
          21 year ago

          I thought Yuzu was actually a dynamic recompiler? I remember this practice started in the days of N64 emulation, and these tools are more like debuggers than like VMs. So in this case, ROMs may only be copied “into Yuzu” byte by byte, not stored as a block in memory. At this point it’s really semantics, but that’s what the lawyers are supposed to figure out, right?

          Unlike older emulators, Switch emulators don’t even support saving the emulator state, and their savegame data is stored right on the native filesystem. I believe they are actually more like Wine, and remember, Wine Is Not an Emulator.

          • @badabim@lemmy.world
            link
            fedilink
            English
            41 year ago

            Yuzu does recompile some parts during runtime by using a JIT, but the rest is still emulated.

            You can’t compare them to Wine, since Wine acts as a compatibility layer by translating OS specific calls, but it does not translate between instruction sets.

            • @evranch@lemmy.ca
              link
              fedilink
              English
              11 year ago

              Thanks for clarifying, I only have a casual knowledge of Yuzu internals and had been led to believe the ARM was translated rather than emulated.

              The performance is honestly incredible for software emulating a different instruction set.

    • @the16bitgamer@lemmy.world
      link
      fedilink
      English
      221 year ago

      Ah corporate Lawyer BS, pointing out what they want to be true and not pointing out the other. ROMs are legal under existing Copywrite laws under archival laws in the USA (117) and backup laws in Canada (29.24). The Americans have a bit more of a restricted way of using their archives, but that’s not needs to be argued here, as it appears that Nintendo is blaming Yuzu for actions of the general consumer. It’ll be like blaming your Network provider for allowing a user to download a movie, both legally and illegally, thus they should be punished for both actions.

      I also love that Nintendo isn’t not stating it’s illegal here, just that it’s infringing because it’s not authorized.

      • @captain_oni@lemmy.world
        link
        fedilink
        English
        121 year ago

        It’ll be like blaming your Network provider for allowing a user to download a movie

        Which, by the way it was recently ruled in the US that ISPs can’t be punished for that. article source

      • @echo64@lemmy.world
        link
        fedilink
        English
        51 year ago

        Nintendo is blaming Yuzu for actions of the general consumer

        If you read the dmca, that’s something you can do. Making tools that enable others to break copyright protection is specifically disallowed. Which is why it’s one of the more insidious copyright laws

        • @dustyData@lemmy.world
          link
          fedilink
          English
          61 year ago

          However, the thing is that Yuzu doesn’t do that. Yuzu doesn’t include any form of tooling that breaks encryption, facilitates ROM dumping or offer downloads of Nintendo Copyrighted software. They aren’t facilitating it, the user has to provide all of that chain of the emulation on their own. Hopefully this would be obvious to a judge.

          • @echo64@lemmy.world
            link
            fedilink
            English
            21 year ago

            it decrypts games using your console keys though? i’ve seen mention of that in their docs so i’m not sure, but yeah if it does that, it’s similar to things that decrypt blurays. feasibly against the dmca because of how broad the dmca is.

          • Atemu
            link
            fedilink
            English
            21 year ago

            Yuzu doesn’t include any form of tooling that breaks encryption

            You cannot state that with certainty. That’s the problem.

            Yuzu does indeed include a method to use the Switch’s production keys (which you must dump yourself) to decrypt the games. Whether this constitutes effective DRM is not a question that can easily be answered and must be decided by a court on a case-by-case basis.
            This will be what the case will hinge on: Is Ninty’s scheme effective DRM?

            I would say no because symmetric encryption with a publicly known key may aswell be no encryption at all but that’s not my decision to make.

            They aren’t facilitating it, the user has to provide all of that chain of the emulation on their own.

            Um, no. The emulator is doing the decryption on its own. All the user does is provide the prod keys and unmodified ROM.

            • @dustyData@lemmy.world
              link
              fedilink
              English
              1
              edit-2
              1 year ago

              Yuzu itself doesn’t provide tools to dump keys and Roms from the Switch. The user has to procure them, or the means to dump them, themselves. Thus Yuzu doesn’t facilitates DRM circumvention. The user has to solve that part on their own. They do provide guides for how to do it on their website. But Yuzu themselves don’t make or distribute the tooling, and Yuzu the software is incapable of doing it.

              • Atemu
                link
                fedilink
                English
                1
                edit-2
                1 year ago

                The dumps are just that: Dumps; 1:1 copies.

                The tools don’t decrypt anything; that happens within Yuzu. Why else would users need to provide the prod keys to Yuzu?

                • @dustyData@lemmy.world
                  link
                  fedilink
                  English
                  11 year ago

                  To dump the keys, third party tools rely on DRM circumventing sploits. You essentially have to hack your own device, certain versions of Switch and certain software updates are no longer susceptible. But it remains that Yuzu doesn’t do any of that. Those tools and sploits were developed by others.

  • @Grangle1@lemm.ee
    link
    fedilink
    English
    461 year ago

    Don’t know how good a case Nintendo has here unless it can prove that Yuzu itself contains proprietary code that allows the ROMs to be played. If the decryption is being done on the ROMs’ end, then that’s just another reason to go after the ones dumping and distributing the ROMs. Nintendo couldn’t even substantially stop Dolphin, and Dolphin actually had a decryption key straight from Wii firmware in it. Good luck to them, but they’re likely going for the wrong legal target. Taking down what ROM sites they can (which would legally be a lot easier than the emulator makers) is just getting rid of drops in the ocean of the ROMs’ spread, but they’re the target Nintendo should be going after.

    • Kevin
      link
      fedilink
      English
      351 year ago

      Somebody correct me if I’m wrong, but I don’t think Yuzu has any proprietary code. Folks have to go to other websites to download the Switch firmware and keys needed to play games.

      • @echo64@lemmy.world
        link
        fedilink
        English
        01 year ago

        That’s not really enough to be not in violation. For example, vlc can’t natively decrypt blurays. This is because both its not bundled with the decryption library nor the decryption keys. Vlc out of the box can not decrypt blurays.

        If yuzu can, if you provide some keys, eh that might be enough for them to win. It’s certainly not enough to push nintendo away. You unfortunately need to be extremely careful around the dmca stuff.

        • @evranch@lemmy.ca
          link
          fedilink
          English
          71 year ago

          You don’t just need to provide keys, but an entire firmware dump. Yuzu contains no executable Switch code AFAIK

          • @echo64@lemmy.world
            link
            fedilink
            English
            01 year ago

            Not claiming it does. It seems like it might have the tooling to break copyright enforcement if you give it the right keys is the problem.

        • MolochAlter
          link
          fedilink
          English
          21 year ago

          It really depends on the kind of encryption being used. I’m pretty sure if it’s a common algorithm that logic does not stand.

  • @Epzillon@lemmy.world
    link
    fedilink
    English
    461 year ago

    Typical Nintendo move. So sad to see Yuzu possibly going down this way. Even looks like Nintendo might win this one. I’m just gonna download the entire source from GitHub just in case.

    I wish this would just go full hydra mode if it goes down though. Start popping up new anonymous accounts releasing the source code everywhere.

    • @laughterlaughter@lemmy.world
      link
      fedilink
      English
      421 year ago

      Yuzu may go down, but Nintendo hasn’t learned the lessons of the Streisand effect and the hydra effect. The code is open source. 10 more projects will pop up the day after Yuzu goes down (IF it goes down.)

    • s0ckpuppet
      link
      fedilink
      161 year ago

      Yeah and none of the switch emulator stuff I’ve seen comes bundled with the firmware. You have to track that down separately or dump your own from your Switch.

      This sure looks like like a slapp suit to me.

    • @echo64@lemmy.world
      link
      fedilink
      English
      -111 year ago

      It’s good we are all clear, nintendo isn’t arguing that. They are arguing a case about copyright infringement and being in violation of the dmca

      • @hperrin@lemmy.world
        link
        fedilink
        English
        16
        edit-2
        1 year ago

        It is not illegal to make copies of games you own and play them on an emulator. That is what was decided by the courts. Nintendo is trying to make that illegal.

        They’re using the DMCA to say that because Yuzu lets someone circumvent their encryption (which is illegal, but shouldn’t be), that’s the same as Yuzu circumventing their encryption.

        That’s basically like saying VLC should be illegal because it has the capability of copying a DVD.

        • Atemu
          link
          fedilink
          English
          01 year ago

          They’re using the DMCA to say that because Yuzu lets someone circumvent their encryption (which is illegal, but shouldn’t be), that’s the same as Yuzu circumventing their encryption.

          Yes, yes they are. That’s how the DMCA works. It’s mental.

          • @hperrin@lemmy.world
            link
            fedilink
            English
            2
            edit-2
            1 year ago

            That’s not how the DMCA works, or tons of other software would be illegal. It’s illegal to circumvent copy protection under the DMCA (something I wholeheartedly disagree with), but it’s not illegal to make something that can be used to circumvent copy protection.

            In fact, there are exemptions to that provision and one of them states that circumventing copy protection in order to play a video game using assistive technologies is legal.

            • Atemu
              link
              fedilink
              English
              1
              edit-2
              1 year ago

              It’s illegal to circumvent copy protection under the DMCA (something I wholeheartedly disagree with), but it’s not illegal to make something that can be used to circumvent copy protection.

              It is explicitly illegal to produce any thing whose purpose it is to circumvent DRM:

              (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
              (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;

              I’m telling you, that law is mental.

              In fact, there are exemptions to that provision and one of them states that circumventing copy protection in order to play a video game using assistive technologies is legal.

              Could you point that specific exception in the law? I can’t find it.

              Link for convenience: https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf

              • @hperrin@lemmy.world
                link
                fedilink
                English
                1
                edit-2
                1 year ago

                The exceptions are handled by the Library of Congress and go through a renewal process every three years. Here’s the one from 2021:

                https://www.govinfo.gov/content/pkg/FR-2021-10-28/pdf/2021-23311.pdf

                The accessibility use exception is on the last page, middle of the page, paragraph labeled 21.

                It’s illegal to make something that’s sole purpose is to circumvent copyright. Yuzu does not have that sole purpose, and doesn’t include the code necessary (prod.keys) to even accomplish it.

                • Atemu
                  link
                  fedilink
                  English
                  1
                  edit-2
                  1 year ago

                  The actual text for reference:

                  Video games in the form of computer programs, embodied in lawfully acquired physical or downloaded formats, and operated on a general-purpose computer, where circumvention is undertaken solely for the purpose of allowing an individual with a physical disability to use software or hardware input methods other than a standard keyboard or mouse.

                  That explicitly only applies to physically disabled people. Yuzu is not specifically targetted at providing a different input method (at all) and certainly not solely for the physically disabled.

                  That exception is not relevant to this case.

        • @echo64@lemmy.world
          link
          fedilink
          English
          01 year ago

          They’re using the DMCA to say that because Yuzu lets someone circumvent their encryption (which is illegal, but shouldn’t be),

          Yes. That’s what I’m saying. That’s what I said.

                • @echo64@lemmy.world
                  link
                  fedilink
                  English
                  1
                  edit-2
                  1 year ago

                  (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or © is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title. (3) As used in this subsection— (A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

  • @thantik@lemmy.world
    link
    fedilink
    English
    311 year ago

    Yuzu actually even took steps to make the emulator NOT run pirated versions of the new Mario game before it officially released. I ran it on Ryujinx like a week ahead of its release date, but Yuzu literally refused. They insta-banned anyone who talked about it.

    • SuperDuper
      link
      fedilink
      English
      491 year ago

      “Fuck you, here’s a switch port for a Wii U game. It’s $15 more expensive than the original release because fuck you that’s why.”

      -Nintendo

    • ampersandrew
      link
      fedilink
      321 year ago

      Maybe if emulating the game wasn’t often better than playing it on the only hardware the game is made for…

    • VaultBoyNewVegas
      link
      fedilink
      English
      41 year ago

      Yup. I was in a second hand game shop (cex) a month or so ago and most switch games were only 10 quid cheaper than the e shop. Mario and legend of Zelda where something like 50 pounds. That’s because those games don’t actually drop in price either psychically or on the eShop much.

  • @fne8w2ah@lemmy.world
    link
    fedilink
    English
    221 year ago

    As the sweetest revenge maybe someone should leak all Switch games and DLCs into the public Internet.

  • @samus12345@lemmy.world
    link
    fedilink
    English
    11
    edit-2
    1 year ago

    I’ve been holding off on jailbreaking my launch Switch until the next one is out, but I think the time has come.

    EDIT: Aaand done. Biggest surprise so far is that there’s a homebrew Pizza Tower port for it! This game really belongs on consoles.

  • @echo64@lemmy.world
    link
    fedilink
    English
    111 year ago

    They might have a case if yuzu is actually decrypting switch software. That would be stupid of the developers, though. I would assume that they require you to provide decrypted games.

    That’s basically the only leg nintendo has to stand on here, but nintendo can out lawyer you into the poor house regardless.

    • @woelkchen@lemmy.world
      link
      fedilink
      English
      41 year ago

      AFAIK rooted Switch consoles are used to decrypt the games and Yuzu just tries to execute whatever nonencrypted Switch binary. Unless Nintendo can prove that either the Yuzu developers themselves are behind ripping commercial Switch games or directly colluded with the rippers, they’d have a hard time to actually win. That said, regular people with normal income levels will probably just sign everything because a prolonged lawsuit is about just bankrupting them, not being ruled the win by the judge.

      • @echo64@lemmy.world
        link
        fedilink
        English
        11 year ago

        From their own guide

        yuzu starts with the error “Missing Derivation Components”

        yuzu requires console keys to play your games. Please follow our Quickstart Guide to dump these keys and system files from your Nintendo Switch.

        Their guide also talks about dumping games from your console so I’m not sure how far it goes, but if they want console keys they are likely decrypting something

        • @dustyData@lemmy.world
          link
          fedilink
          English
          21 year ago

          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.

          • @echo64@lemmy.world
            link
            fedilink
            English
            11 year ago

            Then it uses those legal keys to decrypt the ROMs by the exact normal method that the Switch itself uses

            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

  • Polysics
    link
    fedilink
    English
    11
    edit-2
    1 year ago

    Edit: I am dumb, of course the source code is out there. I have visited this repository a thousand times but my monkey brain can’t remember what I ate for breakfast.

    https://github.com/yuzu-emu/yuzu

    Everyone download the hell out of it and never let this die.

    ~ ~ ~

    If it isn’t already open source, Yuzu team needs to get that shiz open source post-haste. Let’s get that code absolutely everywhere.

    When that popular manga app Tachiyomi got legal bonked, the bajillion forks of it kept some semblance of the original going.

    I know there’s money to be made and something like an emulator is considerably more complex than a book reading app/scraper, but it would at least give the project a chance of not dying forever.