Quietly following on the heels of the injunction ruling against Yuzu emulator that resulted in its removal and ceased development, popular Nintendo 3DS emulator Citra is following suit. Yuzu's parent company, Tropic Haze LLC, is also the owner of the development team for Citra 3DS emulator, and because of the recent ruling, Citra has also met the same fate. As of current writing, Citra has been removed from download on its official website, and the Citra GitHub repository has been taken down as well.

An official statement from Bunnei, a representative for both Citra and Yuzu, was posted on the Discord channel for Yuzu, saying that they never intended to allow piracy to impact Nintendo, and that playing games on "unauthorized hardware" is harmful, so development on both emulators will cease as of today. Citra's Discord server has also locked itself down, following the announcement.

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[osm70]

https://www.nintendo.com/sg/support/switch/eula/usage_policy.html

This is Nintendo's EULA, to which you agree to when using the Switch or its games.

（1) The Software is licensed, not transferred to you

（4）You may not copy, duplicate, publish, transmit publicly, lease, modify or reverse engineer the Software.

An EULA trumps acts 117 of the Copy Protection act, which states you can create archive copies for computer software. You can fight it, but as long as you don't go and sue Nintendo in an attempt to overthrow their EULA, this are the legal rules you agreed on when buying your switch (game)

Other consoles such as the 3DS has similar EULA's.

So stop yelling that you're entitled to emulate your games, create backups or use mods/patches, because legally, you're not.

Time for some brief philosophy:

What if I never bought the console or games, therefore never agreed to the EULA?

Yes, I understand it is piracy at that point. But there are countries that only make it illegal to upload/share, just downloading for personal use is legal in some jurisdictions.

 

[BeniBel]

It's not that I don't agree, but it's simply that times changed and I seriously doubt someone would be able to form the new blood to forcefully hold nintendo accountable of their action without that group turning to a shitshow mere minutes it gets created, with almost everyone using either that spyware discord (with no Open Source alternative available, and no, matrix's clients aren't discord alts) or some matrix node which is so public and insecure that everyone can simply login and basically log all of their actions, there's a need for another paradigm shift where you start by teaching people good OpSec before acting.

I mean, just look at the pirate scene, it's a joke compared to what it was a couple of years ago. But this is offtopic at best; I seriously hope someone will be able to hold Nintendo accountable for their actions, this is all unacceptable.


This is interesting, although this is a moot point when you consider that other software such as most MMOs, who are well alive just because people keeps voiding that eula. EULA is not a law, and it's not always enforceable. not a source, but an interesting reading; also keep in mind that most EULAs are not valid in certain countries. Good luck enforcing that EULA on countries such as the Bahamas.

When talking about laws, we mostly look at the US and Europe. China for example couldn't care less about copyright laws. Don't know about the Bahamas, but I would guess similar.

While EULA is not a law, it is legally binding.

"It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. "

Source: https://www.copyright.gov/help/faq/faq-digital.html

It states here too, section 117 doesn't apply when a license agreement states otherwise.

People cling on to the false notion that they can do what ever they want with their games, while that clearly isn't the case (anymore).

 

[Blasingame]

I was looking for HD Texture packs and noticed a lot of searches point to the Citra-emu forums, which are now offline. I hope the authors were able to back-up their work on another site.

 

[NinStar]

https://www.nintendo.com/sg/support/switch/eula/usage_policy.html

This is Nintendo's EULA, to which you agree to when using the Switch or its games.

（1) The Software is licensed, not transferred to you

（4）You may not copy, duplicate, publish, transmit publicly, lease, modify or reverse engineer the Software.

An EULA trumps acts 117 of the Copy Protection act, which states you can create archive copies for computer software. You can fight it, but as long as you don't go and sue Nintendo in an attempt to overthrow their EULA, this are the legal rules you agreed on when buying your switch (game)

Other consoles such as the 3DS has similar EULA's.

So stop yelling that you're entitled to emulate your games, create backups or use mods/patches, because legally, you're not.

I'm not sure if you know, but EULA's don't override laws (at least not in my country, which follows US conventions regarding copyright, so I bet it's similar there), and most of the time violating these types of EULA's can lead to a console ban in the worst case scenario.

 

[LingFox]

While EULA is not a law, it is legally binding.

That's where you're wrong again. EULA doesn't bind you, it's a mere agreement you can walk out of. Most of the time you will simply not receive updates, support and it usually results in the termination of the license, but how you un-license an activated and physical copy of some offline software? read more, but I am interested in seeing how absurd we can get.
once again: EULAs need to be applied on a per-country basics (and "europe" is not a country). So if you paste me an US EULA and tell me to stop being entitled, I can paste you a German EULA and tell you stick it up. I am, of course, joking and I mean no offense. (and not in this case either, because I can't be bothered)

 

[osm70]

I'm not sure if you know, but EULA's don't override laws (at least not in my country, which follows US conventions regarding copyright, so I bet it's similar there), and most of the time violating these types of EULA's can lead to a console ban in the worst case scenario.

That actually raises an interesting question: What if the EULA itself is illegal? Like for example, even if you sign a contract that states that you give the company consent to murder you in your sleep, I would assume any reasonable lawyer (or judge) would just throw the EULA away.

 

[BeniBel]

Time for some brief philosophy:

What if I never bought the console or games, therefore never agreed to the EULA?

Yes, I understand it is piracy at that point. But there are countries that only make it illegal to upload/share, just downloading for personal use is legal in some jurisdictions.

The EULA doesn't go into effect when buying a game/software, but by using it. See the disclaimer at the start of most games.

While downloading is sometimes allowed, it's never allowed to use if you do not own the original copy. This is the case for both Europe and US, and maybe other places.

 

[deinonychus71]

I should be able to play the game I own wherever I want, especially if it runs like ass on the official hardware.

I agree with the sentiment but once again, people who pirate current gen games that aren't even released yet are clear evidence that they do not own it.
And for people that tease Nintendo day after day on twitter about how they're playing pirated games I highly doubt its a wage issue.

 

[LingFox]

That actually raises an interesting question: What if the EULA itself is illegal? Like for example, even if you sign a contract that states that you give the company consent to murder you in your sleep, I would assume any reasonable lawyer (or judge) would just throw the EULA away.

In that case the publisher's local legal team did a shoddy job and it's up for a fun week the moment someone takes note of it.

And for people that tease Nintendo day after day on twitter about how they're playing pirated games I highly doubt its a wage issue.

They're not the majority of people playing on emulators or piracy advocates, I agree, they're the usual dumb kid that teases the bully and the cries when the bully replies.
besides: Social media, lol.

 

[Skelletonike]

When talking about laws, we mostly look at the US and Europe. China for example couldn't care less about copyright laws. Don't know about the Bahamas, but I would guess similar.

While EULA is not a law, it is legally binding.

"It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. "

Source: https://www.copyright.gov/help/faq/faq-digital.html

It states here too, section 117 doesn't apply when a license agreement states otherwise.

People cling on to the false notion that they can do what ever they want with their games, while that clearly isn't the case (anymore).

China has been going after Nintendo piracy for a while, Tencent works with Nintendo in China and Tencent is well...
Anyway, they've been going at it for a few years now.

 

[J-Will]

Nintendo can go fuck themselves

 

[Lumstar]

https://www.nintendo.com/sg/support/switch/eula/usage_policy.html

This is Nintendo's EULA, to which you agree to when using the Switch or its games.

（1) The Software is licensed, not transferred to you

（4）You may not copy, duplicate, publish, transmit publicly, lease, modify or reverse engineer the Software.

An EULA trumps acts 117 of the Copy Protection act, which states you can create archive copies for computer software. You can fight it, but as long as you don't go and sue Nintendo in an attempt to overthrow their EULA, this are the legal rules you agreed on when buying your switch (game)

Other consoles such as the 3DS has similar EULA's.

So stop yelling that you're entitled to emulate your games, create backups or use mods/patches, because legally, you're not.

Even if the EULA isn't necessarily enforceable, some of us could use common sense. If you buy a Switch game, you own a Switch game.

I'm pretty sure the name of the console isn't "Play This Game on Any Device You Want!".

 

[chrisrlink]

Wonderful! So because the Yuzu team didn't listen to the rest of the emulation community (I'm talking about the Patreon stuff) now we don't have an actively developed 3DS emulator. I understand stopping development of Yuzu because of the lawsuit but this seems a bit like going too far, I could see a fork coming up by other people as long as they don't make the same mistakes.

By the way, wasn't the new 3DS emulator Mikage supposed to be released soon™? We're going to need it more than ever...

EDIT: BTW, Bunnei's message seems like something that was written by their lawyer to make Nintendo happy, it's one of the most fake PR things I read in a while. You also needed keys extracted from a 3DS to make it do anything at all, this is ridiculous.

personally thats why if it was me I would happily go to jail over a contempt of court charge then mouthpiece a fake responce just to keep a greedy company "happy" actually i'd piss them off by rallying the troops

Post automatically merged: Mar 6, 2024

Even if the EULA isn't necessarily enforceable, some of us could use common sense. If you buy a Switch game, you own a Switch game.

I'm pretty sure the name of the console isn't "Play This Game on Any Device You Want!".

stop mmouthpeicing the garbage nintendo wants honestly your in the wrong place if you do imo

 

[NinStar]

Even if the EULA isn't necessarily enforceable, some of us could use common sense. If you buy a Switch game, you own a Switch game.

I don't think that is common sense at all, the common sense is that you own the game (which isn't actually true) and you can do whatever you want with it once you buy, like reselling and other stuff.

 

[Jayinem]

Already in 2024:
CDRomance removes all pirated material
Yuzu ends
Citra ends
Drastic ending soon

 

[Lumstar]

I don't think that is common sense at all, the common sense is that you own the game (which isn't actually true) and you can do whatever you want with it once you buy, like reselling and other stuff.

I guess I tried too hard to be sarcastic.

Inserting the cartridge in a different system was literally how Nintendo's backwards compatibility worked. So I wouldn't have a leg to stand on, if I objected to wiring a Switch cart slot into your PC.

On a site like this, most people would argue Nintendo can't claim copyright infringement in scenarios where the game data isn't even duplicated.

 

[JeepX87]

It's not that I don't agree, but it's simply that times changed and I seriously doubt someone would be able to form the new blood to forcefully hold nintendo accountable of their action without that group turning to a shitshow mere minutes it gets created, with almost everyone using either that spyware discord (with no Open Source alternative available, and no, matrix's clients aren't discord alts) or some matrix node which is so public and insecure that everyone can simply login and basically log all of their actions, there's a need for another paradigm shift where you start by teaching people good OpSec before acting.

I can see but my post is just caution about possible future incidents that we don't know, also I don't support nor condone the cyberattacks on businesses' websites and servers.

Smart hackers aren't doing that but soulless or mindless hackers could, so outage isn't going to last more than one day. What happened with Sony was very extremely unusual like armed road rage gets you, also weak security is other reason.

I don't use Yuzu, exception of create a save from unpatched game so I didn't have resort to use emunand that require extra work with config, so I just use as rare or one time event. I'm not crazy with Switch emulators, neither are 3DS emulators because I use real hardwares.

 

[MightySashiman]

Being hired by big corpo, that's where they are.


yeah you wish. The best outcome would be their e-shop storefront being invaded with all sorts of shovelware, to the point of overloading their servers.
No, the real thing is that we should get together and create a real alternative, or decompilation projects for all nintendo IPs.


I should be able to play the game I own wherever I want, especially if it runs like ass on the official hardware.

so you're mocking people based on their wages now? before you claim that it's "hypocritical", you should stop and think: "Should I buy this 80$ game, or should I pay rent this month." Regional prices are also all sorts of messed up. You got to pay 80$ even in countries where you make the equivalent of 30$/month but still get priced 80$. also some rogue devs showed how the claim that "games are getting more expansive to make" was a bullshit hoax made by PR. I swear, first worlders can't understand what's going on outside of their safe space.

no I'm not mocking people based on their wages. It's just a reality check. With the wage I have in the country I live in, I can probably afford stuff some people with different wages and/or in different countries cant, but there are other things that require a higher wage and/or to live in another country to be affordable, and that I cannot. And this is perfectly OK. It's just the way the world works. You thinking being able to play games is some kind of universal right is just plain absurd. Gaming isn't something essential like food or water or shelter. It's a leisure, same as cinema, luxury goods, travelling, a musical instrument, nice furniture... Expecting stuff whatever the value to just "be freely available" is just being an entitled brat. The companies have the right to sell their stuff at whatever the price they deem appropriate, it's just the way it works. If you decide 80$ is "too expensive", then why shouldn't your employer all of a sudden half your wage for the same reason. My point is that the people who usually the most fussing about everything are the ones least capable of applying their absurd ideas to themselves. If you can't afford gaming, read books, go hike. Study hard, get a brain, code your own games.

Pirate if you will, just don't come on your high horses as if it's some act of vailant chivalry.

 

[Lumstar]

no I'm not mocking people based on their wages. It's just a reality check. With the wage I have in the country I live in, I can probably afford stuff some people with different wages and/or in different countries cant, but there are other things that require a higher wage and/or to live in another country to be affordable, and that I cannot. And this is perfectly OK. It's just the way the world works. You thinking being able to play games is some kind of universal right is just plain absurd. Gaming isn't something essential like food or water or shelter. It's a leisure, same as cinema, luxury goods, travelling, a musical instrument, nice furniture... Expecting stuff whatever the value to just "be freely available" is just being an entitled brat. The companies have the right to sell their stuff at whatever the price they deem appropriate, it's just the way it works. If you decide 80$ is "too expensive", then why shouldn't your employer all of a sudden half your wage for the same reason. My point is that the people who usually the most fussing about everything are the ones least capable of applying their absurd ideas to themselves. If you can't afford gaming, read books, go hike. Study hard, get a brain, code your own games.

Pirate if you will, just don't come on your high horses as if it's some act of vailant chivalry.

I'm not going to hide that I'm incapable of shelling out 80 bucks left and right. But I recognize how much work it takes to create a modern caliber game. No matter your opinion of Nintendo's business practices, at least have some respect for the creative team! The level design, textures, music, and all of that, were made by someone.

 

[elezzar]

This is sadder than Yuzu being taken down, and yet another example of Nintendo bullying devs into shutting down a perfectly legal project. I hope other development teams stay strong and actually beat Nintendo in the next lawsuit rather than caving into fear of the big multi-trillion dollar corporation (I'm looking at you dolphin team)

Good luck devs!