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Nintendo is in an interesting position whereby they are actually selling emulators as a product to this day. Which gives them more of a leg to stand on in these
by basil-rash 2y ago
Nintendo is in an interesting position whereby they are actually selling emulators as a product to this day. Which gives them more of a leg to stand on in these sorts of efforts, regardless of whether or not I personally agree.
- FinalBriefing 2y agoSorry?
- throwuxiytayq 2y agoDon’t worry about it.
- deleted 2y ago[deleted]
- realusername 2y agoI would say the opposite, it gives them less of a leg to stand since they cannot say that there's never any justification for emulation anymore like they said in the past.
- admax88qqq 2y agoUsually the justification for emulation is "the company doesn't sell this product anymore, it's abandonware"
- vundercind 2y agoEmulation’s legal whether or not some of the software on a platform is abandonware (which doesn’t justify anything legally, anyway)
- josephh 2y agoWhen you make this kind of claim, please make sure to 1) disclose whether you're a lawyer, and 2) your jurisdiction.
- unixhero 2y agoNo. This is not legally binding. This is not the United States Of America where we speak officially, this is a random web forum.
- filleduchaos 2y agoI think the point is that the audience might like to know whether confident claims that something is legal or illegal are backed by actual expertise or just vibes, not that things people say on a web forum are legally binding.
- unixhero 2y agoThe same as when you talk to a random person at a pub. All illegal and just vibes, always - that is the default.
- vundercind 2y agoThere’ve been lawsuits. Anything can happen in court, but emulators are currently about as settled as “legal” as anything. Including commercial ones. Sure, in the US. Can’t distribute games or other copyrighted software with them, though. Of course that’s still highly likely to get you in trouble. And with the same caveat as anything legal in the US: it’s as legal as your ability to weather a series of failing lawsuits against you.
- realusername 2y agoNintendo historically took a harder stance than that basically saying that emulation destroys the player experience and even copying your own games isn't legal. Seems like emulation is only fine if they make money out of it.
- 93po 2y agomy justification is that intellectual property is an absolutely ridiculous concept and my actions are driven by my morals and values and not the frequently ridiculous laws of this country
- oefrha 2y agoThat’s like saying I can’t make photocopies of my own ID because I’ve said in the past that identity thieves shouldn’t make photocopies of my ID.
- realusername 2y agoExcept they explicitly said that any emulation is bad. With your analogy it's like claiming ID photocopies are bad and then making your own. And then emulation isn't stealing anyways.
- kemotep 2y agoWhy would the owners of the copyright be restricted from selling their copyrighted works in whatever way they want?
- realusername 2y agoIn the past they said that there's never any justification for emulation and that it ruins the player experience, seems like it depends on how much money they make out of it.
- kemotep 2y agoNintendo probably doesn’t think their virtual console counts as emulation if that is the case. Or it’s just different corporate policies at different times being applied inconsistently.
- realusername 2y agoTo me it's just corporate hypocrisy.
- iwontberude 2y agoOracle v Google determined this in my mind, the emulator is implementing an API, the API is not protected by copyright law.
- Laaas 2y agoFWIW that case was about whether copying the interface file almost verbatim was fair use, not about the API itself, IIRC.
- iwontberude 2y agoRight because an API is too abstract for copyright law, it has to literally be copied works.
- gnopgnip 2y agoEmulators are legal in the US because of Sony v Connectix
- Shish2k 2y agosome aspects (not all aspects) of creating (not using) emulators are not illegal by way of copyright laws (but may be illegal by way of other laws such as trademarks, patents, DRM) in the US because of Sony vs Connectix.