Nintendo reportedly issues DMCA takedown for Switch homebrew projects, Skyline Switch emulator development ceased

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Some fallout from the early leak of The Legend of Zelda: Tears of the Kingdom appears to be taking place. As players are loading the game into emulators and playing them unofficially on their computers, prior to the launch date, Nintendo is taking action to prevent that from happening. Lockpick and Lockpick_RCM are homebrew tools that allow users to dump unique keys from their Nintendo Switch console, which are required for numerous Switch hacking-related programs, including the Ryujinx and Yuzu Switch emulators. While Lockpick has been around for years, Nintendo has reportedly decided to go after it, by issuing a DMCA takedown to the GitHub project page, igniting concern and discussion within the community.

At the time of writing, Lockpick_RCM's repository is still active, it could be due to GitHub providing a grace period following a DMCA notice. Twitter user Simon Aarons was made aware of the takedown, after forking Lockpick, and allegedly receiving an email from GitHub, on behalf of Nintendo of America's legal team, who asserts that Lockpick is "circumvention software that infringes Nintendo’s intellectual property rights. Specifically, the reported repository provides Lockpick to users. The use of Lockpick with a modified Nintendo Switch console allows users to bypass Nintendo’s Technological Measures for video games; specifically, Lockpick bypasses the Console TPMs to permit unauthorized access to, extraction of, and decryption of all the cryptographic keys, including product keys, contained in the Nintendo Switch. The decrypted keys facilitate copyright infringement by permitting users to play pirated versions of Nintendo’s copyright-protected game software on systems without Nintendo’s Console TPMs or systems on which Nintendo’s Console TPMs have been disabled. Trafficking in circumvention software, such as Lockpick, violates the Digital Millennium Copyright Act of the United States (specifically, 17 U.S.C. §1201), and infringes copyrights owned by Nintendo."

Shortly after this, Skyline Emulator, a Switch emulator for Android devices, made the decision to shut down development, via a post on their Discord Server. Since you need the keys dumped from Lockpick in order to run Skyline, the team behind the emulator is concerned that it means Nintendo will target them for also violating their copyright.

It is with great sadness that we bring you this news. Recently, Nintendo has issued a DMCA takedown notice against Lockpick RCM which will likely come into effect on Monday, Lockpick is a core part of legally dumping keys from the Switch. They claim that it circumvents their copy protection (TPMs) and therefore violates their copyright. We find ourselves in a position where we are potentially violating their copyright by continuing to develop our project, Skyline, by dumping keys from our own Switches.

The Skyline team will be making their incomplete source code public, at the very least, and will keep the emulator's GitHub page active. Other homebrew projects are rumored to have been hit with DMCA notices as well. Ryujinx's emulator team stated that they will not be shutting down, following worries after Skyline.
 

Clydefrosch

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skyline just looking for a way out that wont get them too many death threats. they know bloody well that them dumping the keys does not open them up to anything and that them developing the emulator (and i would guess using nintendo code somewhere) is the bigger concern for them
 
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Clydefrosch

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It seems easier at Nintendo to do DMCA rather than making new games.
its not even nintendo, nintendo hired a law firm or two a decade ago that just does its thing. and that firm, more than likely only really wakes up when someone sets off a google alert and then sometimes follows the first couple links. nothing else could possibly explain why there's not daily dmcas because they easily could just send these to 9 out of 10 devs moving in this space.

you can bet a totk leak post woke them up, the ended up at some reddit with instructions how to get it running and that is how they ended up at lockpick and the firm just sends out its dmcas generously in a slap suit kinda way because its barely any effort for them, usually works and
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Lockpick is literally a tool designed to help dump switch games without piracy lmao
i mean, it opens up many, many, many doors
 

Xzi

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So I can’t dump my own keys from my own switch?
The lockpick GitHub page is still up for the moment, and I can pretty much guarantee we'll have like three new imitators by the end of the week. The more spotlight Nintendo puts on this, the faster new heads grow on the hydra.
 

Clydefrosch

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So I can’t dump my own keys from my own switch?
i mean, you agreed to some end user license agreements that you wouldn't run anything unlicensed on that system and whatnot.
also, you're probably supposed to write your own key dumper if you really want those keys so badly
Post automatically merged:

The lockpick GitHub page is still up for the moment, and I can pretty much guarantee we'll have like three new imitators by the end of the week. The more spotlight Nintendo puts on this, the faster new heads grow on the hydra.
perfect chance for someone to try their hands at that old bricker homebrew
 

linuxares

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The lockpick GitHub page is still up for the moment, and I can pretty much guarantee we'll have like three new imitators by the end of the week. The more spotlight Nintendo puts on this, the faster new heads grow on the hydra.
Most likely getting takendown on Monday. Even though it should be an autoprocess? I have no idea...
They did lie in the document so maybe Microsoft said "Wait a minute!"
 
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stanleyopar2000

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they will try this with Yuzu and Ryujinx.

Even though Emulators can exist legally, they will try to litigate them into non-existence. It's similar to a SLAPP lawsuit (there is no merit to the case but purely an intimidation tactic to stop / silence an action a defendant is doing)

They're not even focused on the leak itself, this to ensure future keys cannot be dumped. Their logic is that keys can't be dumped if it doesn't get updates (assuming nobody takes the code out of spite and forks it to GitLab or other servers where DMCA doesn't' apply). They wouldn't have this issue if they released a new goddamn handheld (with keys unable to be dumped) with upgraded specs two years ago.

Them wanting to stick with 6-7 year old exploitable hardware is their own damn fault.
 
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MikaDubbz

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Are you scared of Nintendo sending their ninjas to you lol
? If that's your takeaway then you clearly didn't read what I said. I couldn't care less about what Nintendo's stance on the issue is here, I was merely sharing my personal perspective on game leaks these days and how and why my opinion on the matter has changed over time.
 
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NinStar

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i mean, it opens up many, many, many doors
Lately people have been using kitchen knives to hurt and even kill other people.
I think we should make kitchen knives illegal, because you know, letting them exist opens many, many, many doors...
 

Xzi

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they will try this with Yuzu and Ryujinx.
Eh the reason they haven't already is because these emulators don't contain any Nintendo code whatsoever. Not only would Yuzu/Ryujinx be within their rights to ignore such a frivolous DMCA takedown attempt, they'd be in a good position to potentially win a harassment lawsuit, given the precedent previously set on the legality of emulators.
 

godreborn

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Lately people have been using kitchen knives to hurt and even kill other people.
I think we should make kitchen knives illegal, because you know, letting them exist opens many, many, many doors...
or guns. as Larry the cable guy would say, "guns don't kill people. husbands who come home early do."

to play devil's advocate for a moment, I don't think most pirates need a reason to pirate. even if Nintendo was an outstanding company to the public, most would still do it. however, I've grown tired of their dmca takedowns and lawsuits. that's why all third party games go to the ps5 for me. I bought pixel remaster there. Nintendo won't be seeing my business unless it's an exclusive. and, I've bought over 200 games from them, on the switch, in the past. I can't even download them all in one month, because I have a data limit.
 

Kitocco

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Dang, Ninty! Back at it again with issuing empty threats & legal bullying!
I see you’ve learned absolutely nothing from you and your ilk’s tussles with Virtual Game Station, bleem! and Console Classix, eh?
 

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