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> any of their fair use rights Nintendo puts money into R&Ding product. Then somebody goes on GitHub and says "let me help diminish sales of said product and

> any of their fair use rights Nintendo puts money into R&Ding product. Then somebody goes on GitHub and says "let me help diminish sales of said product and open source their otherwise intellectual property" I don't know if that is "fair use". Fair use in their terms is: buy our product, use it like a regular person If there was a clause that said "you can only run this emulator if you don't use pirated ROMs and you need to also own a physical unit", then... maybe? But I think your definition of free use is a little stretched. Would be curious to hear from others if I'm wrong.

lelandbatey 3y ago
Just cause in the end you lose money cause of X doesn't make X illegal, nor does it imply X is immoral. Also, the rules are "buy our product, do whatever you want with it." Craftsman can't pursue legal action on me because I publish guides on using hammers (even their proprietary hammer) as a doorstop. The world of software has apparently been hard at work to take away our right to do whatever we want with the things we own, but I'd encourage all who read this to push back on others trying to move the goal posts on your right to do what you like with the things you pay cold hard cash for.
wlesieutre 3y ago
Fair use in the terms of TV networks was "watch it when we broadcast it like a regular person, home recording on VHS will literally destroy television," but luckily we didn't let rights-holders dictate what fair use was.
- bentley 3y ago
  Jack Valenti, president of the MPAA, testifying before Congress in 1982: “I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.” For context: months before Valenti said that, in 1981, Sony’s creation and sale of the VCR had been declared contributory copyright infringement by the Ninth Circuit. An appeal to the Supreme Court was in progress. Months after Valenti said that, the Supreme Court reversed the Ninth Circuit decision—by a 5–4 vote. If a single justice had voted the other way, the VCR would have been ruled illegal across the entire United States. Unfortunately, the movie industry was crushed by the weight of home recording and fast‐forward, and never recovered. Oops, sorry, I meant to say that after their attempt to make the VCR illegal failed, they embraced the format they had tried to destroy, and as a result earned billions and billions of dollars over the subsequent decades. Some Boston strangler!
phone8675309 3y ago
The cross cutting issue is that I paid for the Switch and should be allowed to do whatever I want with my hardware. If Nintendo did not want me to be able to do that then they shouldn't sell my a Switch - they should license it to me. Otherwise first sale doctrine means they can pound sand.
Gigachad 3y ago
The homebrew tools enable piracy in the same way knives enable stabbings. It's perfectly legitimate and legal to buy a switch, buy a game, then dump the game to play on your PC. It's also legitimate to mod your switch to enable running you own software on it. In fact all the tooling on github is designed specifically to only allow running homebrew but not priacy, you have to go a step further and find "sigpatches" which are not distributed on github if you want to run pirated games.
ekianjo 3y ago
> Then somebody goes on GitHub and says "let me help diminish sales of said product and open source their otherwise intellectual property" Emulation is legal, and has been for years. THis is not the same as Piracy.
newswasboring 3y ago
Nintendo's sales has nothing to do with what is fair use. They sold me something, it's mine now and I should be allowed to do whatever I want with it.
realusername 3y ago
> let me help diminish sales of said product Any proof of that?
_cenw 3y ago
If you actually wanted to prevent piracy, you'd provide better service - stop locking save games to consoles until you pay up (and even that has exceptions, see ACNH) - and provide an easy and supported route to homebrew. I'm fairly convinced the main reason Xbox has retained integrity all these years on the One is because they let you boot into developer mode and let you run whatever you want. The protection isn't keeping you from using the console, it's keeping you from dumping games. (They obviously also invest a lot more into security, much of which trickles down from Xbox into Windows). Here's a great talk about security on the Xbox, and why locking down the entire console is a non-goal: https://www.youtube.com/watch?v=U7VwtOrwceo https://www.youtube.com/watch?v=U7VwtOrwceo
orphea 3y ago
> open source their otherwise intellectual property Wrong. No one open sources their IP.

lelandbatey 3y ago

Just cause in the end you lose money cause of X doesn't make X illegal, nor does it imply X is immoral. Also, the rules are "buy our product, do whatever you want with it." Craftsman can't pursue legal action on me because I publish guides on using hammers (even their proprietary hammer) as a doorstop. The world of software has apparently been hard at work to take away our right to do whatever we want with the things we own, but I'd encourage all who read this to push back on others trying to move the goal posts on your right to do what you like with the things you pay cold hard cash for.

wlesieutre 3y ago

Fair use in the terms of TV networks was "watch it when we broadcast it like a regular person, home recording on VHS will literally destroy television," but luckily we didn't let rights-holders dictate what fair use was.

bentley 3y ago
Jack Valenti, president of the MPAA, testifying before Congress in 1982: “I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.” For context: months before Valenti said that, in 1981, Sony’s creation and sale of the VCR had been declared contributory copyright infringement by the Ninth Circuit. An appeal to the Supreme Court was in progress. Months after Valenti said that, the Supreme Court reversed the Ninth Circuit decision—by a 5–4 vote. If a single justice had voted the other way, the VCR would have been ruled illegal across the entire United States. Unfortunately, the movie industry was crushed by the weight of home recording and fast‐forward, and never recovered. Oops, sorry, I meant to say that after their attempt to make the VCR illegal failed, they embraced the format they had tried to destroy, and as a result earned billions and billions of dollars over the subsequent decades. Some Boston strangler!

phone8675309 3y ago

The cross cutting issue is that I paid for the Switch and should be allowed to do whatever I want with my hardware. If Nintendo did not want me to be able to do that then they shouldn't sell my a Switch - they should license it to me. Otherwise first sale doctrine means they can pound sand.

Gigachad 3y ago

The homebrew tools enable piracy in the same way knives enable stabbings. It's perfectly legitimate and legal to buy a switch, buy a game, then dump the game to play on your PC. It's also legitimate to mod your switch to enable running you own software on it. In fact all the tooling on github is designed specifically to only allow running homebrew but not priacy, you have to go a step further and find "sigpatches" which are not distributed on github if you want to run pirated games.

ekianjo 3y ago

> Then somebody goes on GitHub and says "let me help diminish sales of said product and open source their otherwise intellectual property" Emulation is legal, and has been for years. THis is not the same as Piracy.

newswasboring 3y ago

Nintendo's sales has nothing to do with what is fair use. They sold me something, it's mine now and I should be allowed to do whatever I want with it.

realusername 3y ago

> let me help diminish sales of said product Any proof of that?

_cenw 3y ago

If you actually wanted to prevent piracy, you'd provide better service - stop locking save games to consoles until you pay up (and even that has exceptions, see ACNH) - and provide an easy and supported route to homebrew. I'm fairly convinced the main reason Xbox has retained integrity all these years on the One is because they let you boot into developer mode and let you run whatever you want. The protection isn't keeping you from using the console, it's keeping you from dumping games. (They obviously also invest a lot more into security, much of which trickles down from Xbox into Windows). Here's a great talk about security on the Xbox, and why locking down the entire console is a non-goal: https://www.youtube.com/watch?v=U7VwtOrwceo https://www.youtube.com/watch?v=U7VwtOrwceo

orphea 3y ago

> open source their otherwise intellectual property Wrong. No one open sources their IP.