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.

 

[Foxi4]

Fair enough. The number by itself, devoid of context, is meaningless and can't be copyrighted (even if I think the odds of an individual encryption key being reused for something else are pretty small). It probably wouldn't be illegal if you were to somehow obtain a copy of someone's house key, as the key itself is just a hunk of metal. It's when you use it to break into someone's home that it becomes a problem.

What makes this funny is that the software is called Lockpick. It is perfectly legal to own lockpicks, and locksmithing is an indispensable profession. There are tools available that allow one to make keys, copy keys, or open doors with no keys at all. There are entire YouTube channels dedicated solely to picking locks, to the point that it’s become a bit of a competitive sport of sorts. It’s *illegal* to open someone’s door and commit burglary.

 

[M7L7NK7]

I thought that RCM Lockpick developer would fight the DMCA notice but nah.

Did you see what happened to the re3 team when they fought Rockstar's DMCA? Yeah they dropped the lawsuit but imagine the stress of being sued

 

[JeepX87]

Did you see what happened to the re3 team when they fought Rockstar's DMCA? Yeah they dropped the lawsuit but imagine the stress of being sued

Yes, I remember about it.

Getting sued is no fun at all because of expenses on traveling, meal and hotel stay, and they have to pay to lawyer to defend them.

 

[M7L7NK7]

Yes, I remember about it.

Getting sued is no fun at all because of expenses on traveling, meal and hotel stay, and they have to pay to lawyer to defend them.

That's why it isn't worth fighting it

 

[JeepX87]

That's why it isn't worth fighting it

Ok, it is up to developer to determine whichever they want to fight or not.

I believe that we will see a lockpick replacement somewhere to make a difficult if not impossible for Nintendo to send DMCA notice or instigate to sue.

 

[TomSwitch]

Alternately, I'm saying that whatever device the customer already has is the best device to sell them games on. Not everybody is going to want to buy a Switch, and that's fine. Not everybody is going to want to buy a Steam Deck either. If Nintendo made just some of their games available to stream to any smartphone or PC, that would not only generate extra profit, but also cut into piracy to some degree. For the third time, it doesn't matter that it wouldn't eliminate all piracy, because that's never going to be a reality for any system anyway.

Game Streaming has already started. Is that what you envisioned? Happy with those services? I bet people will find something to hate if they don’t already hate it.

I think Netflix is good enough. Any one here hate it? I am very sure haters are out there. Probably have been telling everyone who may listen how Netflix had been on the wrong path

I am happier that Nintendo and Netflix are around than not. I can also bring up how they have disappointed so many people for so long. But so have Apple, Google , Sony and the list go on and on.

PS: I don’t like the built ugly toy clumsily with totk. Nintendo dropped the ball there. Not buying three copies

If Nintendo were to build cad tools we would have been backward by 10 years.

 

[ChronosNotashi]

Game Streaming has already started. Is that what you envisioned? Happy with those services? I bet people will find something to hate if they don’t already hate it.

Pretty much. I mean, Switch, for one, already has cloud game streaming available with Kingdom Hearts 1.5/2.5/3 and Guardians of the Galaxy, with Hitman also using cloud streaming.

And people hated it. A lot. About as much as people disliked the Google Stadia when it was still around, because of 1) the sheer requirements to stream at an acceptable level, and 2) the fact that you'd lose everything you purchased if the streaming servers were to ever shut down permanently.

 

[M7L7NK7]

Ok, it is up to developer to determine whichever they want to fight or not.

I believe that we will see a lockpick replacement somewhere to make a difficult if not impossible for Nintendo to send DMCA notice or instigate to sue.

Do you really think a developer who does this as a hobby would actually go against a multibillion dollar company over homebrew??

 

[TomSwitch]

Pretty much. I mean, Switch, for one, already has cloud game streaming available with Kingdom Hearts 1.5/2.5/3 and Guardians of the Galaxy, with Hitman also using cloud streaming.

And people hated it. A lot. About as much as people disliked the Google Stadia when it was still around, because of 1) the sheer requirements to stream at an acceptable level, and 2) the fact that you'd lose everything you purchased if the streaming servers were to ever shut down permanently.

I tried Control demo. I am somewhat impressed. Not buying.

 

[JeepX87]

Do you really think a developer who does this as a hobby would actually go against a multibillion dollar company over homebrew??

You have to ask the developer, not me.

It is their decision, not mine and I have nothing to say at beyond.

 

[M7L7NK7]

You have to ask the developer, not me.

It is their decision, not mine and I have nothing to say at beyond.

I know it isn't your decision.. It's a pretty obvious answer

 

[JeepX87]

I know it isn't your decision.. It's a pretty obvious answer

Not necessarily same situation with Rockstar, it is not known if Nintendo of America (NoA) would sue the developer and if developer didn't share the personal information, so it is little to no incentive for NoA to instigate the lawsuit against on developer.

Lockpick_RCM or their replacement is going circulate in different places, so NoA would have tough time to remove those completely and they are basically waste their time with DMCA. Like others said, Lockpick_RCM isn't going to disappear.

As for reason, developer has to make a decision about fight or find other path, so that is their decision.

 

[stanleyopar2000]

Whoever is considering updating Lockpick for 16.0.3….DON’T use GitHub. Use a GIT offshore website

I still do not understand for the life of me why greyware homebrew it still uploaded to GitHub

 

[SirByte]

I'd also make sure to add a screen where users have to agree to T&C where they will run "LP2" for personal use only using officially licensed hardware they own and keep the generated files private and not share those with third parties. This reinforces the idea that the main -and only permitted- uses are (1) to keep your Switch 'alive' while the hardware might decay (*) sooner than expected, and (2) to archive and still be able to play your legally purchased content that is tied via DRM to your aforementioned Switch. Even if you're willing to plunk down another $470 + tax for a new Switch to transfer your games to, at one point new Switches won't be available anymore.

(*) I don't think anyone would object to dumping keys from your WiiU (with Hynix chips or not) before it self-destructs.

 

[rcpd]

What makes this funny is that the software is called Lockpick. It is perfectly legal to own lockpicks, and locksmithing is an indispensable profession. There are tools available that allow one to make keys, copy keys, or open doors with no keys at all. There are entire YouTube channels dedicated solely to picking locks, to the point that it’s become a bit of a competitive sport of sorts. It’s *illegal* to open someone’s door and commit burglary.

I used this same argument using guns as an analogy in another thread and another moderator told me I was wrong for using that analogy.

The same thing you are saying about lockpicks can be said about firearms. A lockpick has one purpose. To pick locks. A gun has one purpose. To shoot bullets.

Intent is the only thing that differentiates the items legality. Use that lockpick on a lock that isn’t yours? That’s illegal. Use that gun for reasons other than its intended purpose (protection, target practice), that’s illegal.

The same thing applies to software. Intent can define legality. Lockpick-RCM isnt inherently illegal. But since Nintendo can basically prove that it is being used for illegal activities, you’ll be hard pressed to stop them. It’s same as carrying a weapon concealed without a permit or carrying lockpick tools in your vehicle at night while scoping out places to burglarize. In Lockpick-RCM’s case playing TotK on an emulator two weeks before release. Those keys had to come from somewhere. It’s one of the only tools available to dump those keys from a console. And then there’s the fact that a whole damn website made it a point to share those keys for every single person interested to download them very easily.

The Switch scene got complacent. Something like this should have happened years ago.

 

[TomSwitch]

You have to ask the developer, not me.

It is their decision, not mine and I have nothing to say at beyond.

Go ReSwitch and check, sounds like moving on is what is happening.

Post automatically merged: May 9, 2023

I used this same argument using guns as an analogy in another thread and another moderator told me I was wrong for using that analogy.

The same thing you are saying about lockpicks can be said about firearms. A lockpick has one purpose. To pick locks. A gun has one purpose. To shoot bullets.

Intent is the only thing that differentiates the items legality. Use that lockpick on a lock that isn’t yours? That’s illegal. Use that gun for reasons other than its intended purpose (protection, target practice), that’s illegal.

The same thing applies to software. Intent can define legality. Lockpick-RCM isnt inherently illegal. But since Nintendo can basically prove that it is being used for illegal activities, you’ll be hard pressed to stop them. It’s same as carrying a weapon concealed without a permit or carrying lockpick tools in your vehicle at night while scoping out places to burglarize. In Lockpick-RCM’s case playing TotK on an emulator two weeks before release. Those keys had to come from somewhere. It’s one of the only tools available to dump those keys from a console. And then there’s the fact that a whole damn website made it a point to share those keys for every single person interested to download them very easily.

The Switch scene got complacent. Something like this should have happened years ago.

That isn't about Nintendo being on solid ground, it's Nintendo!, just move on is an easy decision

 

[Vetusomaru]

Blame moronic "game journalists" like the Kotaku ones for heavily advertising Nintendo Switch emulators and new Nintendo games leaks emulation.

 

[linuxares]

Alternative tool to lockpick with the DMCA fix.

What's the difference?

 

[Slluxx]

What's the difference?

the name. There is literally no other difference. Just made it to keep it up because i think its important.

 

[smf]

If Atmosphere is illegal, why hasn't it been DMCA'd? I'm pretty sure Nintendo wants to.

Nintendo don't take down all rom sites either, they tend to go after ones that make money.

It's a question you should direct at Nintendo

Did you see what happened to the re3 team when they fought Rockstar's DMCA? Yeah they dropped the lawsuit but imagine the stress of being sued

They dropped the lawsuit after the people they had identified, signed to say they would stop. It's a cheaper way of achieving the same thing. If they ever identify any of the other people involved, the court case will restart.