3 ms·
A ton of people seem to think the DMCA is the end of Yuzu, but I believe it's actually its salvation, particularily Section 1201(f): (1)Notwithstanding the pro
by EMIRELADERO 3y ago
A ton of people seem to think the DMCA is the end of Yuzu, but I believe it's actually its salvation, particularily Section 1201(f):
(1)Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.
(2)Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.
(3)The information acquired through the acts permitted under paragraph (1), and the means permitted under paragraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section.
"Independently-created computer program" in this case being Yuzu, "other programs" being Switch games.
- deleted 3y ago[deleted]
- redder23 3y agoGitHub created this defense fund after they came after youtube-dl. Not very Micro$oft, but they will probably help when it comes to that, but so far they did not file for DMCA takedown in GitHub. Maybe they did and Gihub changed the rules and requires some court judgement to take things down first?
- ls612 3y agoSmall nit, they did file a DMCA takedown, MS took it down at first, then reinstated it a week or so later with a message basically saying "sue us we dare you". The issue at stake was a different one though (whether youtube's URL scheme counted as a technological access control).
- ls612 3y agoMy impression was that EFF and the like were bearish on 1201(f) because of that last part, "to the extent any such acts of identification and analysis do not constitute infringement under this title." and "to the extent that doing so does not constitute infringement under this title." because that essentially forecloses any practical application of 1201(f).
- EMIRELADERO 3y ago"infringement" in this case means traditional copyright infringement, not DMCA circumvention infringement. Legitimate users of Switch games will have a strong fair use case for this.
- ls612 3y agoWhile I'm willing to believe that someone like the EFF or similar will step up to provide them competent legal representation given the stakes of this case, I doubt that Yuzu will win against Nintendo given things like the Psystar vs Apple case. That ship sailed 20 years ago and the future is one of being ruled by the whims of major software producers :(
- EMIRELADERO 3y agoAFAIK Psystar lost because they bundled macOS with their product.
- ls612 3y agoLet's hope you're right.
- kevin_thibedeau 3y agoDeCSS was ruled to be a circumvention device. Yuzu will be treated the same. People using such software without the intent of engaging in RE activities will not be granted the benefit these exceptions. You could legally create your own Switch emulator but distributing it to others outside the legal veil of a corporate entity will not fly.
- EMIRELADERO 3y agoI direct you to read my comment again and pay special attention to article (3). DeCSS was not spared by it because the interoperability exemption applies only to software, not media like video or music.
- deleted 3y ago[deleted]