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This is truly awful for the gaming community at large. If this case makes a ruling then it will most likely have an impact on all emulation projects. If Ninten

This is truly awful for the gaming community at large. If this case makes a ruling then it will most likely have an impact on all emulation projects. If Nintendo decides to sue your open source project, how do you mount a legal defense?

a_vanderbilt 3y ago
Adversarial interoperability is at risk should the circumvention argument be entertained by the court. Don't want a competitor making something compatible even though they are legally allowed? Just protect it with "effective" measures and they aren't allowed to even try to be compatible? The Switches system1-6 crypto schemes weren't terribly good. system5 even weakend it drammatically and trapdoored them into being permenently weaker. Problem is what constitutes an "effective" anti-circumvention according to the DMCA is not defined.
dartharva 3y ago
Awful for the emulation team? Yes. Awful for the gaming community at large? Eh, Nintendo products are not as dominating as you think. It is only available in select countries and has a hundred million users at best. Compare that to PC and mobile gaming, it is almost negligible. Though it would indeed be problematic if American courts manage to establish a precedent criminalizing emulators. That is indeed a real threat; American courts are not known for robustness or integrity.
- Sakos 3y ago
  > Though it would indeed be problematic if American courts manage to establish a precedent criminalizing emulators. That is indeed a real threat; American courts are not known for robustness or integrity. That's exactly why it's awful for the gaming community and honestly for human culture at large. Video game preservation isn't a thing without emulators. If Nintendo wins this, it means open season on every (major) contributor to an emulator and every emulation project. It means the end of the thriving emulation community and anybody interested in contributing except for a handful who are willing to risk being sued and/or live in a place where the US justice system has no reach. And it's not like Western Europe is particularly friendly to anything or anybody that circumvents DRM.

a_vanderbilt 3y ago

Adversarial interoperability is at risk should the circumvention argument be entertained by the court. Don't want a competitor making something compatible even though they are legally allowed? Just protect it with "effective" measures and they aren't allowed to even try to be compatible? The Switches system1-6 crypto schemes weren't terribly good. system5 even weakend it drammatically and trapdoored them into being permenently weaker. Problem is what constitutes an "effective" anti-circumvention according to the DMCA is not defined.

dartharva 3y ago

Awful for the emulation team? Yes. Awful for the gaming community at large? Eh, Nintendo products are not as dominating as you think. It is only available in select countries and has a hundred million users at best. Compare that to PC and mobile gaming, it is almost negligible. Though it would indeed be problematic if American courts manage to establish a precedent criminalizing emulators. That is indeed a real threat; American courts are not known for robustness or integrity.

Sakos 3y ago
> Though it would indeed be problematic if American courts manage to establish a precedent criminalizing emulators. That is indeed a real threat; American courts are not known for robustness or integrity. That's exactly why it's awful for the gaming community and honestly for human culture at large. Video game preservation isn't a thing without emulators. If Nintendo wins this, it means open season on every (major) contributor to an emulator and every emulation project. It means the end of the thriving emulation community and anybody interested in contributing except for a handful who are willing to risk being sued and/or live in a place where the US justice system has no reach. And it's not like Western Europe is particularly friendly to anything or anybody that circumvents DRM.