3 ms·

Starting a betting pool as to how long this makes it before being DMCAd

by miguelmurca 6y ago

mdgrech23 6y ago
what's that mean?
- dev-tacular 6y ago
  [DMCA](https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#:~:text=The%20Digital%20Millennium%20Copyright%20Act,Intellectual%20Property%20Organization%20(WIPO) https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A....) It could allow Nintendo to take action against this emulator.
bri3d 6y ago
Why would you see this emulator in particular getting DMCAed? There's not really good precedent for this that I'm aware of - Nintendo did DMCA the repo for a GBA emulator a while ago, but it came with Nintendo game ROMs in the browser.
- miguelmurca 6y ago
  > Why would you see this emulator in particular getting DMCAed? Nothing in particular, I was thinking about it from the other end. Seeing as the Switch is Nintendo's latest gen console I'd say it's different to something like Dolphin in terms of how much it might bother Nintendo. That plus the fact that when you want something off the internet nowadays a DMCA is typically the legal path, makes me think that Nintendo would love to find something to DMCA the repository for. Whether there's anything to be DMCA'd I can't say (and from the replies I see probably not).
mappu 6y ago
Emulators are legal (see Sony v Bleem). Copyright infringement is a civil offense, but there's none here.
- miguelmurca 6y ago
  I had no idea. I'm not familiar with this case, but [this page][0] seems to be more focused on the use of screenshots rather than the emulator software itself? Did this set a precedent? [0] https://itlaw.wikia.org/wiki/Sony_Computer_Entertainment_America_v._Bleem https://itlaw.wikia.org/wiki/Sony_Computer_Entertainment_Ame...
  - mappu 6y ago
    Another emulation lawsuit, Sony v Connectix, happened the previous year. In that case the concepts of emulation were found to be legal but Connectix was hit for copyright infringement of the Playstation's BIOS. Bleem used HLE to avoid needing a copyrighted BIOS image. Sony complained to the courts, but Bleem successfully defended all counts using the Connectix precedent. You're looking at the appeal - in appeal, the only leg Sony had left to stand on was the use of screenshots of copyrighted games, but the court determined it to be fair use. So the precedent comes from looking at a series of cases around this time, but Sony v Bleem is commonly used as a handwaving reference to the whole saga. It's the first major time this defense was successfully used in court. For an interesting comparison, the GPLv2 was written in 1991 but technically wasn't tested in a US court until 2014. (IANAL.)
    - miguelmurca 6y ago
      Awesome, thanks for the explanation
- perardi 6y ago
  And from that era: https://en.wikipedia.org/wiki/Connectix_Virtual_Game_Station https://en.wikipedia.org/wiki/Connectix_Virtual_Game_Station Courts also decided in favor of Connectix, which made a PlayStation emulator that ran games on the Mac at nearly full speed. Mainly bringing that up because: it was kind of wild to be able to run current PlayStation games on your iMac. It was just cool.
  - Cyph0n 6y ago

Starting a betting pool as to how long this makes it before being DMCAd

mdgrech23 6y ago

what's that mean?

dev-tacular 6y ago
[DMCA](https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#:~:text=The%20Digital%20Millennium%20Copyright%20Act,Intellectual%20Property%20Organization%20(WIPO) https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A....) It could allow Nintendo to take action against this emulator.

bri3d 6y ago

Why would you see this emulator in particular getting DMCAed? There's not really good precedent for this that I'm aware of - Nintendo did DMCA the repo for a GBA emulator a while ago, but it came with Nintendo game ROMs in the browser.

miguelmurca 6y ago
> Why would you see this emulator in particular getting DMCAed? Nothing in particular, I was thinking about it from the other end. Seeing as the Switch is Nintendo's latest gen console I'd say it's different to something like Dolphin in terms of how much it might bother Nintendo. That plus the fact that when you want something off the internet nowadays a DMCA is typically the legal path, makes me think that Nintendo would love to find something to DMCA the repository for. Whether there's anything to be DMCA'd I can't say (and from the replies I see probably not).

mappu 6y ago

Emulators are legal (see Sony v Bleem). Copyright infringement is a civil offense, but there's none here.

miguelmurca 6y ago
I had no idea. I'm not familiar with this case, but [this page][0] seems to be more focused on the use of screenshots rather than the emulator software itself? Did this set a precedent? [0] https://itlaw.wikia.org/wiki/Sony_Computer_Entertainment_America_v._Bleem https://itlaw.wikia.org/wiki/Sony_Computer_Entertainment_Ame...
- mappu 6y ago
  Another emulation lawsuit, Sony v Connectix, happened the previous year. In that case the concepts of emulation were found to be legal but Connectix was hit for copyright infringement of the Playstation's BIOS. Bleem used HLE to avoid needing a copyrighted BIOS image. Sony complained to the courts, but Bleem successfully defended all counts using the Connectix precedent. You're looking at the appeal - in appeal, the only leg Sony had left to stand on was the use of screenshots of copyrighted games, but the court determined it to be fair use. So the precedent comes from looking at a series of cases around this time, but Sony v Bleem is commonly used as a handwaving reference to the whole saga. It's the first major time this defense was successfully used in court. For an interesting comparison, the GPLv2 was written in 1991 but technically wasn't tested in a US court until 2014. (IANAL.)
  - miguelmurca 6y ago
    Awesome, thanks for the explanation
perardi 6y ago
And from that era: https://en.wikipedia.org/wiki/Connectix_Virtual_Game_Station https://en.wikipedia.org/wiki/Connectix_Virtual_Game_Station Courts also decided in favor of Connectix, which made a PlayStation emulator that ran games on the Mac at nearly full speed. Mainly bringing that up because: it was kind of wild to be able to run current PlayStation games on your iMac. It was just cool.
- Cyph0n 6y ago