4 ms·

It's quite possible that nobody at Google actively looked into this. I don't know what would be the outcome if Nintendo sent Google a cease & desist regarding t

It's quite possible that nobody at Google actively looked into this. I don't know what would be the outcome if Nintendo sent Google a cease & desist regarding this.

valianteffort 3y ago
Does it even matter? In the US emulators do not violate any laws.
- louhike 3y ago
  The thing here is that Dolphin might be breaking the law by having the Wii decryption key in its source code, the link talks about it.
  - malka 3y ago
    Easy to avoid. Ask the user to put it's own decyrption key coming from their own console.
  - pbhjpbhj 3y ago
    It's a ridiculous position if one can't just ask the court "is this infringing" without needing an inter partes legal proceeding. Maybe neither side here wants an answer, but having an answer would seem to make things better.
  - valianteffort 3y ago
    How is it possible to copyright/trademark a key? Is there precedence for things like activation keys or breaking someone's crypto being illegal? Seems like a failure to secure your software is not something you could reasonably pursue in court.
    - to11mtm 3y ago
      There's DMCA precedent [0][1][2] however the Streisand effect has historically overwhelmed takedown attempts. [0] - https://en.wikipedia.org/wiki/AACS_encryption_key_controversy https://en.wikipedia.org/wiki/AACS_encryption_key_controvers... [1] - https://en.wikipedia.org/wiki/PlayStation_3_homebrew https://en.wikipedia.org/wiki/PlayStation_3_homebrew [2] - https://en.wikipedia.org/wiki/DeCSS https://en.wikipedia.org/wiki/DeCSS
World177 3y ago
Valve didn’t receive a cease and desist. (edit: Well, they did, but from this post's author, Valve initiated the conversation, not Nintendo) > In this case, none of this process was followed. To the best of my understanding, this is what happened: > 1. Valve legal contacted Nintendo of America to ask "hey, what do you think about Dolphin?" > 2. Nintendo replied to Valve "we think it's bad and also that it violates the DMCA anti-circumvention provisions" (note: nothing about violating copyright itself). Also "please take it down". > 3. Valve legal takes it down and forwards NoA's reply to the Dolphin Foundation contact address. edit: I think their note isn't exactly accurate either. As far as I know, the anti-circumvention provisions are a part of DMCA and copyright as a whole. Though, this does not sound like it was a proactive decision by Nintendo, so I am doubtful they have plans to sue the organization behind Dolphin's emulator. edit 2: Though, the response back to Valve, however it may have occurred, was the following > Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)’s Anti-Circumvention and AntiTrafficking provisions, 17 U.S.C. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store

It's quite possible that nobody at Google actively looked into this. I don't know what would be the outcome if Nintendo sent Google a cease & desist regarding this.

valianteffort 3y ago

Does it even matter? In the US emulators do not violate any laws.

louhike 3y ago
The thing here is that Dolphin might be breaking the law by having the Wii decryption key in its source code, the link talks about it.
- malka 3y ago
  Easy to avoid. Ask the user to put it's own decyrption key coming from their own console.
- pbhjpbhj 3y ago
  It's a ridiculous position if one can't just ask the court "is this infringing" without needing an inter partes legal proceeding. Maybe neither side here wants an answer, but having an answer would seem to make things better.
- valianteffort 3y ago
  How is it possible to copyright/trademark a key? Is there precedence for things like activation keys or breaking someone's crypto being illegal? Seems like a failure to secure your software is not something you could reasonably pursue in court.
  - to11mtm 3y ago
    There's DMCA precedent [0][1][2] however the Streisand effect has historically overwhelmed takedown attempts. [0] - https://en.wikipedia.org/wiki/AACS_encryption_key_controversy https://en.wikipedia.org/wiki/AACS_encryption_key_controvers... [1] - https://en.wikipedia.org/wiki/PlayStation_3_homebrew https://en.wikipedia.org/wiki/PlayStation_3_homebrew [2] - https://en.wikipedia.org/wiki/DeCSS https://en.wikipedia.org/wiki/DeCSS

World177 3y ago

Valve didn’t receive a cease and desist. (edit: Well, they did, but from this post's author, Valve initiated the conversation, not Nintendo) > In this case, none of this process was followed. To the best of my understanding, this is what happened: > 1. Valve legal contacted Nintendo of America to ask "hey, what do you think about Dolphin?" > 2. Nintendo replied to Valve "we think it's bad and also that it violates the DMCA anti-circumvention provisions" (note: nothing about violating copyright itself). Also "please take it down". > 3. Valve legal takes it down and forwards NoA's reply to the Dolphin Foundation contact address. edit: I think their note isn't exactly accurate either. As far as I know, the anti-circumvention provisions are a part of DMCA and copyright as a whole. Though, this does not sound like it was a proactive decision by Nintendo, so I am doubtful they have plans to sue the organization behind Dolphin's emulator. edit 2: Though, the response back to Valve, however it may have occurred, was the following > Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)’s Anti-Circumvention and AntiTrafficking provisions, 17 U.S.C. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store