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Yuzu emulator shutting down, paying Nintendo 2.4 million in lawsuit settlement
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<blockquote data-quote="Foxi4" data-source="post: 10374791" data-attributes="member: 203855"><p>It’s definitely *not* cut and dry and I’m not presenting it as such, it’s how I would argue it in court if I was pressed to do so. Yuzu made the correct decision to settle out of court because it’s not an easy thing to explain in a courtroom where you’re surrounded by suits who, realistically, have no idea how technology works. Nintendo has an endless pile of money, they could make a lawsuit last indefinitely until whoever they’re fighting against simply runs out of their legal defense funds. It is safer to let these things lie instead of risking a potentially unfavourable ruling that puts other developers in jeopardy. “Clean room” is safer, but ultimately just a claim one makes - as far as the DMCA is concerned, you’re still “bypassing copy protection”, you just came up with the method yourself without examining the original, as in you worked backwards. The only real defense one has is proving that what they’re doing is not infringement by demonstrating it falls into one of the exceptions or is otherwise permissible. From that perspective nothing is truly “safe” - it’s lawfare. It doesn’t matter if what you’re doing is legal or not if you can’t defend yourself.</p></blockquote><p></p>
[QUOTE="Foxi4, post: 10374791, member: 203855"] It’s definitely *not* cut and dry and I’m not presenting it as such, it’s how I would argue it in court if I was pressed to do so. Yuzu made the correct decision to settle out of court because it’s not an easy thing to explain in a courtroom where you’re surrounded by suits who, realistically, have no idea how technology works. Nintendo has an endless pile of money, they could make a lawsuit last indefinitely until whoever they’re fighting against simply runs out of their legal defense funds. It is safer to let these things lie instead of risking a potentially unfavourable ruling that puts other developers in jeopardy. “Clean room” is safer, but ultimately just a claim one makes - as far as the DMCA is concerned, you’re still “bypassing copy protection”, you just came up with the method yourself without examining the original, as in you worked backwards. The only real defense one has is proving that what they’re doing is not infringement by demonstrating it falls into one of the exceptions or is otherwise permissible. From that perspective nothing is truly “safe” - it’s lawfare. It doesn’t matter if what you’re doing is legal or not if you can’t defend yourself. [/QUOTE]
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