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Re:Nintendo is suing the creators of Switch emulator Yuzu by gjsman-1000 on Tuesday February 27, 2024 @04:46PM (#39530483)
Nintendo can't prove the leak wouldn't have happened without Yuzu. But they don't have to. They can simply show that Yuzu made it infinitely worse. Also, suing Yuzu does not preclude suing emulator makers or flashcart makers - they can all be sued as they all have culpability.
Re:Nintendo is suing the creators of Switch emulator Yuzu by resizeitplz on Tuesday February 27, 2024 @04:56PM (#39530644)
With apologies for the pedantry, they didn't make it _infinitely_ worse. They may have made it _significantly_ worse.
Re:Nintendo is suing the creators of Switch emulator Yuzu by mardifoufs on Tuesday February 27, 2024 @05:05PM (#39530754)
What do you mean they just need to show that it made it worse ? What are you basing that on?

I don't know of any similar cases where an emulator or say, a video player (for example Kodi) was held liable for increasing demand?

Re:Nintendo is suing the creators of Switch emulator Yuzu by qingcharles on Tuesday February 27, 2024 @05:22PM (#39530958)
One thing to take into account is that civil trials don't require the absolute highest standards of proof, such as proof beyond a reasonable doubt. Usually much lower evidentiary standards such as "preponderance of the evidence" and other malarky.
Re:Nintendo is suing the creators of Switch emulator Yuzu by hsbauauvhabzb on Tuesday February 27, 2024 @04:55PM (#39530625)
So can companies of leaved PC games sue nvidia or windows?
Re:Nintendo is suing the creators of Switch emulator Yuzu by gjsman-1000 on Tuesday February 27, 2024 @04:56PM (#39530650)
The law doesn't work on strict abstract principles. Windows has a million uses of which piracy is just one. Yuzu has two uses (playing legitimate backups and pirated backups), of which Nintendo may successfully argue, both are piracy (due to the circumvention of encryption in both cases). In which case, the only possible use in 99.9%+ of cases... is for illegal activity.
Re:Nintendo is suing the creators of Switch emulator Yuzu by tavavex on Tuesday February 27, 2024 @05:07PM (#39530781)
I don't think it's likely that software developers can be sued on the grounds of "some people use it for illegal activity". Can IP rights holders sue any torrent tracker on that basis? Not to mention that playing backups of your own games is explicitly legal in many places, and I'd be shocked if it isn't in the US. Lastly, one can make an argument that the purpose of Yuzu isn't playing "Switch games", but emulating the Switch hardware stack, which is legal. For example, writing your own Switch homebrew and running it on Yuzu is permitted.
Re:Nintendo is suing the creators of Switch emulator Yuzu by wtetzner on Wednesday February 28, 2024 @01:51AM (#39534858)
> Yuzu has two uses (playing legitimate backups and pirated backups)

And maybe for developing homebrew games?