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A Yuzu Post-Mortem: The Great Emu-War

A Yuzu Post-Mortem: The Great Emu-War

#Yuzu #PostMortem #Great #EmuWar

“Moon Channel”

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The Great Emu-War continues. Yuzu, once the leading Nintendo Switch emulator, has been sued out of existence by Nintendo of America. In so doing, Nintendo…

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30 Comments

  1. I can only imagine that Yuzu very specifically attempting to make money off of piracy of Tears of the Kingdom at launch contributed to provoking Nintendo. It's hard to imagine any bigger way that an emulator could be a quantifiable threat to Nintendo's bottom line than this. Not to mention much harder to justify morally than pirating some old game that no one (except maybe some secondhand market middleman) was going to make money off of anyway.

    It's really hard to defend Yuzu here (I do not envy their lawyers). They made money by catering to the worst use cases for emulators. Making all emulators look worse publicly and lose ground legally. It's hard not to feel they got what they asked for, and I end up holding the damage done to other emulators against them more than against Nintendo. Emulators are very valuable for preservation of video games, but actions that cross the line into "screw the devs, I just want to play this game for cheap/free" pose a threat to the good that emulation can do.

  2. They really just screwed the pooch here. Emulators as a computer program should be legal. There should be nearly no information on that emulator's site or communications about roms or decryption or anything. You should be able to write whatever computer program you want and make it open source, you don't have the right to make millions by allowing people to play another company's game for free with direct links to pirated copies, lmfao.

  3. This is very easy to avoid:

    1. Don't tamper with Nintendo's software in anyway shape or form even if it improves it.

    2. Don't use Nintendo's characters in the fan game (make your own bootleg characters)

    3. Don't provide means of piracy or circumventing Nintendo's software copy protection.

    If anyone does not agree to these terms, then don't buy their games and don't complain.

  4. It would be really funny if this sort of law gets circumvented by a safe harbor law like how YouTube works. There's no way to prove that Nintendo themselves isn't leaking / distributing their own roms and keys early, just to sue the platform that uses them. This is why Viacom lost a lawsuit against YouTube for allowing clips of SpongeBob on their platform. It turned out Viacom employees were uploading the clips as advertisements, and YouTube pretended to not know anything about the entire situation, claiming they are too big of a platform to check every single video that gets uploaded for copyright infringement.

    An emulator could potentially use the same defense if they aren't stupidly obvious pirates like the Yuzu devs.

  5. This was a great video Moony. I do have a question on the off chance you see this.
    Recently Linus of LinusTechTips was on his podcast talking about this. His take is that he has no problem buying games. He just hates the Switch itself because it's an obsolete piece of hardware. So he bought Tears of the Kingdom and played the game on the ROG Ally.
    He basically argued that he should have backup rights, and what he does with that backup isn't Nintendo's concern. Could you do a video breaking down the legality of backups of software/making digital copies of physical media?

  6. Here’s the thing and difference between media companies, mass-manufacturers, and monopolies.

    Media companies (Hollywood and Gaming) make products you can be emotionally attached to, whiling mass manufacturers (like car/truck, phone, and fast-food industries) are nothing more than mass-produced products.

    Do you see people (let alone their own consumers) call out or defend the likes of Ford, Apple, McDonalds, etc. as much as they call out the likes of Nintendo, SEGA, Bandai-Namco, Square-Enix, Capcom, Disney, Warner Bros, Paramount/Viacom, etc? Of course not.
    (Unless it’s literally putting people’s lives on the line like with Boeing, which is a whole other can of worms)

    Plus the likes of YouTube, Twitter (or X as Musk and his dickriders call it), Twitch, Discord TikTok, Amazon, etc. have a borderline monopoly of what they do, meaning they’ll always get called out, just by nature of having little to no comparable nor challenging competition.

    That aside, keep up the great work. Always appreciated.

  7. I think the smoking gun for Yuzu in the emulation scene is that… it wasn't even the *most accurate or reliable Switch emulator out there*. It was the most common, because it was the easiest to use, and the more convenient option is also the one with the most users and eyes upon it. Historically – outside of the legal landscape here, just sociologically – the 3DS scene proved demonstrably that pirates are not as likely to push the technical side of things for hardware accuracy and preservation, and convenience is worth enough inaccuracy to the original hardware and possibly even paying. While piracy is a major way for games to be preserved in the current era, these two goals aren't always in lockstep with each other, and emulation tools being made with money in mind are the key culprits in this. Being technical to use is…unusually a bit of a blessing for emulators, in multiple ways. Less people who understand it means less attention and less nuclear threat.

  8. Great video Moony! I'm a fan of emulation, but the discussions about this story online were pretty wild and emotionally charged. It's very nice to see a more detailed approach to explaining what happened, why them specifically, and why other devs aren't necessarily next on the chopping block. The more I look into the situation, the worse it seemed for Tropic Haze. RIP Citra though.

    Coincidentally, a small YouTuber named Galaxius also uploaded a video talking about Yuzu the same day as you (starts around 9:30 in his video), and your videos both complement each other perfectly: His is more from a business/gaming lens with a touch of case law, but you both have similar conclusions and fill in gaps for each other by expanding on different points. He also made a Pokemon vs Palworld video that would be a good source if you still plan to make one of your own (hopefully it's not "too late" in the new cycle for you to talk about that, because I'd love to hear your take on that)

  9. Honestly Yuzu getting taken down may have been justified but it really hurts that Citra was collateral damage, especially with no good alternatives and the 3DS eShop being dead.

  10. Based on what I am aware of, I think their absolute strongest argument is that they helped people illegally obtain the keys. I think from a technical standpoint it becomes harder to prove that a well known algorithm implementation of AES is circumvention rather than an implementation of the same checks that Nintendo deemed good enough for their DRM protection. If it's not good enough, you could argue that it's not an effective protection, the circumvention of which would then not be protected by law. That said, this is all hard to argue in court, due to the highly technical nature.

    Also, I did have this thought how it would be funny if the website for an emulator had a FAQ that that had: "How to get the keys? Request them from Nintendo yourself."

  11. Ryujinx does also focus on accurate emulation where Yuzu was about having best performance (high fps) thereby it could loose some accuracies for better performance.
    Ryujinx has better argument for reverse engineering though they might still have issues with circumvention of copyright protections.

  12. I have a question that I want your opinion on, with the knowledge that this would not be any legal advice.

    I am for Video Perservation therefor a bit on the side of emulation and how it should be on the side of non-profit. It's a real shame that with every end of console, a lot of games become unavailable to play as I wish they remain accessible somewhere legal one day. I know that Video Game conservationist are doing their best, but it seems like an uphill battle with so many games not available to play or even purchased anymore.

    So I want to hear your take on this; Is it legal to set up a not for profit library of games that all parties would come to an agreement? How or even if it is possible? Is it not possible with the laws that we have or is this a little out of your wheelhouse of what can be done? I am a huge fan of video games and the stories they tell, from the development to the story of the game itself. I would hate it if older games were to just disappear one day.

    On that note, thank you Moony for all that you do. I feel I get a better understanding as to why the legal side of companies are the way they are. I appreciate the charitable side of the channel as some, if not the profits go to a good cause. Your videos have always been nice to listen to and brings me back to some of the older videos from YouTube past. As I am taking classes in IT, it has been fun going through the books and shouting "EULA" when topic comes up. Again, thank you for all that you do and have a good day Moony.

  13. Something that occurs to me: future emulation could be designed to work only with decrypted copies of games. And then, seperately, game decryption software might flourish as an entirely seperate development fork that is distributed via torrent and other means.

  14. Hi! Just a tiny correction of a detail in the description: The joke of the song playing at 23m:10s is actually Happy Happy Christmas by Drax. The "It is a mystery" thing merely uses that song.

  15. Moony, I think Nintendo may have a case against Nvidia for allowing such an exploit to even exist. Sure it was patched in fixed in June of 2018 or some time in 2018 but in my mind that is too little too late because of there being so many Nintendo Switches with that exploit out in the wild. To me I think the devs of Yuzu if they did go to court could argue that it wasn't their fault that an exploit existed in the hardware that Nintendo chose to use they should go after Nvidia as well. I am not condoning what Yuzu did they made tons of mistakes I was just mentioning a legit argument is all. Also another PSA is to if you are going to make an emulator that can emulate a current system that is still being sold then keep it on the downlow in major way.

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