Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued
Here’s how the makers of the “Suyu” Switch emulator plan to avoid getting sued
Dev says project is "in a legal gray area we are trying to work our way out of..."
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TL;DR:
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They will avoid monetization
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They will avoid providing step-by-step guides to play games on the emulator (I assume they mean extracting games from the console using hacked tools)
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They will avoid providing keys or circumvent DRM, you'll have to get everything from your Switch
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The devs are upset at how much attention they're getting which is kind of ironic considering the article.
"We wanted to fly under the radar at the start [...] It's already much more widespread than ideal for the current stage of development."
Which is how emulation worked the last 20 years. It flew under the radar because they weren't doing anything explicitly illegal, while also avoiding getting paid or having anything point at you.
Yuzu flew too close to the sun. I'm sorry, but they did. They very brazenly operated like they were challenging Nintendo. They werent just emulating games from last Gen but modern Gen games that just came out. Like it or not, that is taking money from Nintendo and it was obvious they were going to get the hammer.
For me I'm mad at them. Mad because their cavalier attitude made all emulation look the same as piracy, which it isn't. There's a clear dividing line and Yuzu came very close to labeling all emulation as piracy.
Emulator devs deserve compensation, copyright laws are bullshit.
Nintendo lost some negligible (to them) amount of money, and in return ruined some peoples lives, and disappointed their fans.
Emulator devs deserve compensation, copyright laws are bullshit.
There's literally nothing that legally bars emulator devs from being paid, or even releasing their emulator as a commercial product outright. Except being sued and the cost of fighting that suit burying them financially.
Bleem! eventually won, and it was a commercial emulator for a then-current gen console. The cost of winning that fight put them out of business.
Not providing encryption keys/BIOS and not directly assisting with piracy are the key things to be legally in the right. Making money on it just makes you a more likely target, even if you're legally entirely in the right.
Exactly. They were brazen with what they were doing, making it easy to pirate games. While I want to support devs, by accepting money and assisting piracy they painted a giant target on themselves. Most emulator devs know what they're doing and stay out of the way, yuzu did the opposite.
There’s literally nothing that legally bars emulator devs from being paid, or even releasing their emulator as a commercial product outright. Except being sued and the cost of fighting that suit burying them financially.
Bleem! eventually won, and it was a commercial emulator for a then-current gen console. The cost of winning that fight put them out of business.
So basically large corporations get to decide if unaffiliated developers can earn money. Seems reasonable.
I don't see how your comment contradicts mine at all.
More like anyone can sue anyone for anything, even if they have no chance of winning and sometimes corps do exactly that to force a settlement so you'll do what they want even if you did nothing wrong.
Any action you take happens only because billionaires and massive corps don't consider you worth suing over it. Even if there is nothing resembling legitimate grounds to do so because they can tie you up in court until you are bankrupt.
I always like pointing out the fatal mistake of Gawker - they outed that a billionaire was gay while he was in a country where being gay was punishable by death. He then spent the next several years offering to fund any lawsuit that had any chance of success against them in revenge, and eventually one stuck.
Anyone can sue for any reason + large corporations can force a settlement = large corporations can decide if unaffiliated devs earn money for any reason.
large corporations can decide if unaffiliated devs earn money for any reason.
Large corporations and sufficiently rich individuals can decide if you do anything for any reason. Bringing up unaffiliated devs earning money is just narrowing the scope beyond what it actually is. Again, everything you do happens only because the exceedingly wealthy and massive corps don't consider you worth suing over it.
I got freaking crucified for this sentiment the day the news dropped.
They very brazenly operated like they were challenging Nintendo.
This claim has the same vibe as "stand your ground" assaults.
For me I'm mad at them.
And victim blaming??
No he's right, Yuzu's Devs were openly encouraging piracy. It was all over their discord.
That's why they settled so quickly, they were fucked otherwise.
Source? Is there proof to the claim? I didn't see it, but I wasnt on the discord. Heck I didn't even see it in the settlement info. Not saying its not possible, I just dont trust nonsourced claims.
I don't know why you're getting down voted, it's completely reasonable to ask for sources.
Here's an example, look at the tweet referenced which shows an except from the legal filing: https://twitter.com/gamr12/status/1765098920521461869
Essentially, the Devs were writing articles and posting messages about games working before they were officially released. As in, before people have legal means to purchase them.
You might argue that it's not uncommon for people to get pre orders early, sure, but this is clearly pushing it.
Oh no, piracy in emulation. How unique.
They will avoid monetization
Funny: "suyu also needs to be a product. We need to find ways to monetise the project"
https://gitlab.com/suyu-emu/suyu/-/wikis/Contributor-License-Agreement-Policy
Could it be that they just copied the one in yuzus repo and hard-replaced the names? Three quote makes reference to 2019, which is very weird for a 2024 project, but would be more normal for the timeframe of yuzu
However, in order to compete with modern emulators in 2019 and beyond, suyu also needs to be a product.
Could it be that they just copied the one in yuzus repo and hard-replaced the names?
Yes, it's pretty much the same text as before but contributor zqpvr also adjusted the spelling of "monetized" to "monetised", so it's definitively not like the document flew under the radar and it was just part of a bulk import with a search and replace of yuzu to suyu: https://gitlab.com/suyu-emu/suyu/-/wikis/Contributor-License-Agreement-Policy/diff?version_id=f4ca3a5422d153139ccc66fc4d86ccb844d937e7
So for now "2) more easily monetise the project [...] 3) restrict the access of non-core parts of the suyu source code" is the policy of suyu until revoked.
Will have to see how it goes, might be some OCD as another typo was also there.
I hope they don't get Nintendo any ammo to go after them.
Will have to see how it goes, might be some OCD as another typo was also there.
Deleting the entire thing would have gotten rid of the typo as well. At this point, that's just stupidity.
Cloning the repo of yuzu right at Nintendo tried to make an example of them might be considered...stupid.
Don't get me wrong, I hope the best for them. But I would not risk my future against Nintendo.
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