Re:Yuzu emulator developers settle Nintendo lawsuit, pay $2....
by kevingadd on Monday March 04, 2024 @02:21PM
(#39594748)
Arguably, precedent (Bleem) supports yuzu here, the reality is that Nintendo doesn't really need a sound legal foundation to file a lawsuit against you, and their legal team can outspend almost anyone on the planet, so they can probably force almost anyone into a settlement, just like yuzu. The DMCA is a plague but I think this case would have resulted in a settlement even if the DMCA didn't exist, because Nintendo's resources dwarf the yuzu team's to that extent.
Re:Yuzu emulator developers settle Nintendo lawsuit, pay $2....
by CM30 on Monday March 04, 2024 @02:52PM
(#39595141)
The problem (as per usual) is that the legal system is horribly biased in favour of whoever has the most money/resources. When one side has millions/billions to spend on lawyers and legal fees and the other doesn't, then the former is almost certainly going to drive the latter into settling (or bankruptcy), regardless of whether the latter did anything illegal.
There needs to be a way to fix the system so that both sides of any court battle are on (fairly) equal footing, and having significantly more resources than your opponent doesn't tilt the field in your favour in any practical way.
As far as I'm concerned, this is an issue of the DMCA more than Nintendo itself. In the strictest sense, devs really don't care about this and lawyers are only doing their job.
Boycotting Nintendo may make sense in a moral sense, but not one that will change how the DMCA works.
>Nintendo's behaviour seems to be very much anti hacker and even anti-consumer in cases like this one. Anyone else have any strong feelings about this?
Anti-hacker, sure. 99% of companies are anti-hacker.
Anti-consumer... First, I really think this is the worst modern cliche of modern media discourse. Just to remind people of the definition:
> Anti-consumerism is concerned with the private actions of business corporations in pursuit of financial and economic goals at the expense of the public welfare, especially in matters of environmental protection, social stratification, and ethics in the governing of a society.
I don't really see how luxury entertainment can ever meet the true philosophical meaning of the term that halts social progress and suppressing the flow of money to the populace.
With all that said, the closest I feel Nintendo has gotten to anti-consumerism is the "vault" strategy done with Mario All Stars. Which they seemingly only did for that game and a few of those "100 multiplayer" style games. It's a strategy making use of false scarcity for a product that can be infinitely reproducible (and requires no servers on their end to operate) in order to increase urgency to play/buy said work. Not only is that morally repugnant, I'm not even sure if it's a financially sound decision for a company who's products are known for having a long tail in sales, unlike most video games.
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in the colloquial sense of:
>not favorable to consumers : improperly favoring the interests of businesses over the interests of consumers.
every business technically strides to be anti-consumerist. The act of charging money for a product is anti-consumerist. I don't see how Nintendo differs here, nor how they are the worst, in a world where almost every AAA company in the west is trying to rely on psuedo-subscriptions with battle passes and every company in the east are making millions on mobile off of the lootbox model.
Nintendo seemed to dip their toes in indirectly a few times (reminder: they do not fully own any of the remaining IPs using Lootboxes) but mostly have pulled out, even removing the gacha from a few of their games. So they for the most part simply profit from an online service with "free" games and one time purchase of other console games.