Not a crime as such, but how does one dump a ROM without making copy, and how does one get the right to make copies if Nintendo won't license you the content? It's fine to make an policy argument about the the law aught to be, but you can't just ignore what it is.
The reason making a single copy for personal use is generally considered permissible is because: (1) it may be fair use under 17 USC 107, (2) the copyright owner will probably never find out, and (3) even if the copyright owner found out it probably won’t sue over one copy.
https://www.gov.uk/government/news/quashing-of-private-copyi...
Personal copies are legal... Just like I can take a patent, build the thing and use it myself, I just can not make commercial product and sell it.
This is why I am not aware of anyone ever being sue or otherwise held to account for DOWNLOADING copyrighted works. They always Sue over DISTRIBUTION. BitTorrent got the tag of "Sued for downloading" but in reality people were sued for seeding, ie distributing. I am not aware of any leecher that was sued.
Similar of Usenet, Uploaders, and usenet providers get sued, but downloaders?
The entire point of copyright is about preventing unauthorized distribution,
So you must have missed all the filesharing lawsuits over the last 25 years. Lots of people got sued for just downloading, not seeding, just downloading.
Copyright is primarily about copying.
https://www.law.cornell.edu/uscode/text/17/106
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords;
Unfortunately, Nintendo does not care what you think, does not care how this hurts their image, and does not care what damage this causes to the emulated longevity of their games lasting longer than the hardware they sell currently.
It is in their financial interests to force everyone to always pay for and buy Nintendo hardware to perpetually keep having to upgrade and purchase new copies of their software from their online stores to keep playing old games.
This is how they do business and by having articles, news, and social media posts constantly crying about how Nintendo did them wrong, it helps ensure that the average person keeps toeing the Nintendo line instead of exploring emulation. If a non-tech savvy person hears "Nintendo sued a guy for using emulation on his game meetup" they'll think, "eh, I think I'll just buy a Switch and not bother with emulation" when they want to play Yoshi's Island because nostalgia hit them in the feels.
This whole thing is a song and dance to keep people buying real Nintendo hardware (or choosing to use already owned Nintendo hardware) to play games they could just emulate with a few quick downloads. It's why you see "Top 5 retro games you can buy on Nintendo eShop before it's gone" articles on Polygon and elsewhere every year. It's a whole schtick to get you to keep handing Nintendo money for a game you've likely already bought and paid for at least once in your life.
Once again, I don't agree with Nintendo's stance, but boy oh boy is it ever profitable for them.
I'm in a minority where Nintendo's actions, on top of a selection of games that I find pretty lackluster, have caused me to give up on them and refuse them another shiny nickel. Attacking fans, IMO, is a no-no. Attacking the abandonware community is especially unacceptable. One can enjoy their games, but I don't get why people defend their being so draconian, given that any loss of revenue they claim over things like game walkthroughs is dubious, to say the least.
I feel like a lot of folks are kind of ignorant to what Nintendo is doing. I don't like these draconian practices, so I try and inform others of the BS as much as I can in hopes that more people will become vocal and stop silently supporting it.
Or (which is me) " I think I will just buy a SteamDeck and not bother with Nintendo at all"
There is a reason why they are always number 3.... People tire of their BS.
They could be #1 if they would get out of their own way
It might be worth noting that the Switch is still selling better than the Xbox, so they're technically #2:
Total PS4 and PS5 sales: 149.7 million
Total Switch sales: 122.3 million
Total Xbox One + Xbox One X Sales: 70.5 million
When you pair that with the fact the Switch has sold over 900 million in game sales... well, unfortunately, Nintendo has a long way to fall before they have to wake up and change their tact.
> Specifically don't do anything that can directly enable piracy, such as dumping ROMs or say... trying to organize a Melee tournament using a Dolphin netplay mod.
No offense meant towards you specifically, but if that's Nintendo's mindset then that's complete crap. ROM dumping is not a crime or YouTube content violation, nor is using one for a network tournament.
Imagine a book publisher shutting down a book club on YouTube for discussing their books and sharing excerpts. Most reasonable people would find that absurd even if the law or any user agreement supported the publisher.