Forgejo > Github/Gitlab
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Nintendo really digging their own grave on this one.
I don’t think this is nintendo’s doing.
“We have determined that you forked a public repo against which we previously received a DMCA notice.”
From the email from gitlab, this sounds like gitlab being overly cautious and removing all forks themselves.
Not really. They get big headlines to scare people off and make it more difficult for casual people to get started. They don’t need to make it impossible for everyone, just impractical for most.
I doubt their core client even knows about this
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My understanding: Making emulators is legal. Valve helped produce Proton which is an emulator that runs Windows games on Linux (because their steam deck runs on Linux). Nobody is going to sue Valve for creating a way for people to play their Steam games on the steam deck.
Assisting people bypass copyright protections is not legal. Yuzu devs were sued for this reason, and not because they created an emulator. Nintendo had evidence of the devs working with pirates and helping people run known pirated software. They also were making a lot of money from doing this, which makes Nintendo’s claim even stronger since they can use that as proof of financial harm.
So long as devs only work on the emulator and do not assist people with running pirated games on it, they theoretically should be fine. Of course they could still get sued and I’m sure it’d be expensive even if it’s ruled they’re not doing anything illegal.
Proton is not an emulator, it’s a compatibility layer. They don’t try to emulate Windows system functions, they just translate Windows system calls.
They make a difference, legally, since compatibility layers don’t recreate any functionality from the original process, while emulation recreates the internal operations of the system.
Regardless, emulation is legal. I wonder about the legality of this DMCA; Yuzu is open source, so there’s no copyright infringement on their code, right? It’s licensed under an open source license. And there’s no Nintendo code being copied, nor Nintendo assets. I’m not a lawyer (or even American), but I think this is DMCA abuse.
Wine is not an emulator
It’s in the name, so Valve have nothing to do with this
Also emulators are a grey area that is up against a court system that is constantly moving more pro-corporate by the day
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I’ve not really been following, but I believe the issue with Yuzu was they were asking for money through Patreon, thereby receiving monetary gain for Nintendo’s IP.
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That “Require all keys to be user provided, along with firmware” didn’t really help did it.
This is the best summary I could come up with:
After a first release, GitLab have already pulled down the Nintendo Switch emulator suyu, due to a DMCA hit as a result of it being forked from yuzu which Nintendo shut down.
Even though the suyu team were doing it as a non-profit, with no way to donate, it seems this didn’t matter because it’s based on a project that was already taken down.
The suyu Discord is also no longer accepting invites, probably due to an influx of people wondering what’s going on.
A few people managed to grab the notice that was sent to the suyu team like Mr. Sujano on X:
Since yuzu was open source though, Nintendo will have plenty of trouble fully erasing it, since even a very quick Google search showed up plenty of it still existing on the web across various places.
I’ve reached out to GitLab for more info…will update if they reply.
The original article contains 196 words, the summary contains 150 words. Saved 23%. I’m a bot and I’m open source!
