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> We were notified by Valve that Nintendo has issued a cease and desist citing the DMCA against Dolphin's Steam page, and have removed Dolphin from Steam until

> We were notified by Valve that Nintendo has issued a cease and desist citing the DMCA against Dolphin's Steam page, and have removed Dolphin from Steam until the matter is settled. We are currently investigating our options and will have a more in-depth response in the near future. I hope that the "settled" here means until the Dolphin team's legal counsel sends a DMCA counter notice. Then Nintendo can sue or drop the issue. But if they sue, the Doplhin project can stay on Steam until a judge orders differently or until they lose the trial. That's how it's supposed to work. Valve should stay absolutely hands off and neutral on this! This is not piracy and emulators are important.

0xcde4c3db 3y ago
This allegedly isn't a DMCA safe harbor takedown, but rather a C&D based on Chapter 12 (which bans breaking DRM outside of certain exceptions, and I don't think any of the exceptions for video games cover personal entertainment use). As far as I know, Chapter 12 violations are considered a separate consideration from copyright infringement and are thus not covered by the safe harbor process (outside of which a counter-notification is irrelevant).
- wtallis 3y ago
  From a more informed source (outgoing treasurer of the foundation backing Dolphin, and HN user delroth): https://mastodon.delroth.net/@delroth/110440308907131051 https://mastodon.delroth.net/@delroth/110440308907131051 So yes, this is about the anti-circumvention provisions and not related to the takedown procedure that usually comes to mind when the DMCA is mentioned.
  - Culonavirus 3y ago
    Thanks for more info! And excuse my language, but holy fuck Valve is not what it portrays itself to be. Going around and proactively seeking legal approval of third parties, that is NOT what I expected them to do, let alone in a case where an emulator is the core of the issue. They basically preemptively covered their ass just so the 0.1% chance of Nintendo suing them is 0. Nice. Imagine selling a product on Steam and Valve going behind your back and discussing with your competition if it's ok to have your product on Steam (lawyers to lawyers, no courts involved!)... I know it's not the same, but this case doesn't exacly inspire confidence in them being hands off in the future!
bybybyby 3y ago
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0xcde4c3db 3y ago

This allegedly isn't a DMCA safe harbor takedown, but rather a C&D based on Chapter 12 (which bans breaking DRM outside of certain exceptions, and I don't think any of the exceptions for video games cover personal entertainment use). As far as I know, Chapter 12 violations are considered a separate consideration from copyright infringement and are thus not covered by the safe harbor process (outside of which a counter-notification is irrelevant).

wtallis 3y ago
From a more informed source (outgoing treasurer of the foundation backing Dolphin, and HN user delroth): https://mastodon.delroth.net/@delroth/110440308907131051 https://mastodon.delroth.net/@delroth/110440308907131051 So yes, this is about the anti-circumvention provisions and not related to the takedown procedure that usually comes to mind when the DMCA is mentioned.
- Culonavirus 3y ago
  Thanks for more info! And excuse my language, but holy fuck Valve is not what it portrays itself to be. Going around and proactively seeking legal approval of third parties, that is NOT what I expected them to do, let alone in a case where an emulator is the core of the issue. They basically preemptively covered their ass just so the 0.1% chance of Nintendo suing them is 0. Nice. Imagine selling a product on Steam and Valve going behind your back and discussing with your competition if it's ok to have your product on Steam (lawyers to lawyers, no courts involved!)... I know it's not the same, but this case doesn't exacly inspire confidence in them being hands off in the future!

bybybyby 3y ago

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