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The DMCA specifically has language about being entitled to circumvent a technological measure" for "the purpose of enabling interoperability of an independently
by hellotomyrars 3y ago
The DMCA specifically has language about being entitled to circumvent a technological measure" for "the purpose of enabling interoperability of an independently created computer program". This language has never been tested in court but there is a compelling argument to be made.
The Copyright Office has become increasingly friendly to these types of arguments as well, though they have imposed some limitations on games hardware. The next set of rules/guidance they put out won't be until october (They do it every 3 years).
Yuzu isn't sold* as a product and unless Nintendo can convince the court that the mere act of emulation (or obtaining the console keys required to make Yuzu function in the first place) violate their copyright, then I don't see it personally. You can run code that isn't owned by Nintendo on a Switch. Maybe there is a reasonableness argument that people aren't using Yuzu to play Switch homebrew, but there is a homebrew scene around the Switch.