this post was submitted on 12 May 2024
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https://www.wipo.int/treaties/en/ip/berne/
Actually because Nintendo is a Japanese company it means Japanese law applies to their work in America and America will facilitate the laws execution as if it was it's own because we are in this treaty.
It's why Nintendo gets away with all of its bullshit already. Because they are following Japanese copyright law which is significantly more heavy than American.
OK, yeah. Even still, looking into Japanese copyright law (as an outsider with little understanding), it doesn't seem like there's anything that would protect against this, which makes sense because that'd be crazy. This is a totally new work that happens to operate on existing work. It doesn't use anything created by Nintendo. It should not be an issue.
If you can point to something that actually says this would be protected against, go for it. I highly doubt there is such a thing though. It'd make something like a printer with a scanner potentially illegal because it operates on someone else's works to produce an output.
https://www.pcmag.com/news/switch-emulator-yuzu-shuts-down-to-avoid-legal-battle-with-nintendo#:~:text=The%20developers%20say%20Yuzu%20was,over%20%242.4%20million%20to%20Nintendo.
It doesn't really matter is the problem man. It's an argument and the answer is very expensive. If Nintendo comes a knocking, neither the people who made it nor Microsoft will pay to figure out that answer.
That's how legality works in practice. It's fucking stupid and terrible. Better to know that and spread that information so people can grab it before it's gone. And thankfully there will be forever extra-legal ways to get it now that it's our precisely because people know what I'm saying.
What is the point in trying to argue that nothing will happen? For fun?
Yuzu was using proprietary code though. That's why they got shut down but so many other emulators are still up. Sure, Nintendo tries, but they haven't gotten anywhere with the others.
Also, yeah of course people should make backups and put it in other places. That's regardless of any risk of a C&D. Just the fact the devs could dissappear or something is reason enough for that.