3 ms·

unless i’m mistaken, nobody is telling you what to do with your media. the issue at play here would be whether the emulator publishers/developers have the righ

unless i’m mistaken, nobody is telling you what to do with your media. the issue at play here would be whether the emulator publishers/developers have the right to publish what is almost certainly an infringing piece of software, which courts have repeatedly determined they do not.

eptcyka 2y ago
How is an emulator infringing on the copyrights of Nintendo?
- wilsonnb3 2y ago
  While an emulator does not infringe on copyright and is illegal per US court precedence, an emulator being available is a large part of what makes copyright infringement popular and as such it is related. Adding in the DMCAs anti-circumvention provisions and the fact that you have to violate them to emulate a modern console, the whole thing becomes very nuanced and tightly linked to copyright infringement despite not directly infringing.
  - FMecha 2y ago
    >While an emulator does not infringe on copyright and is illegal per US court precedence At least until Nintendo manages to overturn Sony v. Connectix, given recent SCOTUS trends.
  - Brian_K_White 2y ago
    Explaining that emulators can be used in concert with copyright infringement does not explain what right a copyright holder has over emulators. That merely explains why Nintendo doesn't like them, not why anyone should care that they don't like them. Cars may be used to commit bank robberies, yet banks have no rights over cars.
    - wilsonnb3 2y ago
      > That merely explains why Nintendo doesn't like them, not why anyone should care that they don't like them I don't think it has been tested in courts yet but the general idea is that you have to violate the DMCA to use a switch emulator, so people making switch emulators are making tools to help people circumvent the switch's copy protection. Which is also a violation of the DMCA. Like I said, it is nuanced.
    - consteval 2y ago
      It's more nuanced than this, because we need to acknowledge the real world and how those products are actually used. > Cars may be used to commit bank robberies, yet banks have no rights over cars Sure, but if said car had specific bank-robbing help built in, like say some magic device that immediately opens a bank safe, then the bank probably could sue.

eptcyka 2y ago

How is an emulator infringing on the copyrights of Nintendo?

wilsonnb3 2y ago
While an emulator does not infringe on copyright and is illegal per US court precedence, an emulator being available is a large part of what makes copyright infringement popular and as such it is related. Adding in the DMCAs anti-circumvention provisions and the fact that you have to violate them to emulate a modern console, the whole thing becomes very nuanced and tightly linked to copyright infringement despite not directly infringing.
- FMecha 2y ago
  >While an emulator does not infringe on copyright and is illegal per US court precedence At least until Nintendo manages to overturn Sony v. Connectix, given recent SCOTUS trends.
- Brian_K_White 2y ago
  Explaining that emulators can be used in concert with copyright infringement does not explain what right a copyright holder has over emulators. That merely explains why Nintendo doesn't like them, not why anyone should care that they don't like them. Cars may be used to commit bank robberies, yet banks have no rights over cars.
  - wilsonnb3 2y ago
    > That merely explains why Nintendo doesn't like them, not why anyone should care that they don't like them I don't think it has been tested in courts yet but the general idea is that you have to violate the DMCA to use a switch emulator, so people making switch emulators are making tools to help people circumvent the switch's copy protection. Which is also a violation of the DMCA. Like I said, it is nuanced.
  - consteval 2y ago
    It's more nuanced than this, because we need to acknowledge the real world and how those products are actually used. > Cars may be used to commit bank robberies, yet banks have no rights over cars Sure, but if said car had specific bank-robbing help built in, like say some magic device that immediately opens a bank safe, then the bank probably could sue.