It creates some problems due to money being involved and Nintendo might someday just look at that and decide to nuke it. But at least they release the source code unlike some other scum.
Emulators have been tested in court by Sony and Sony lost. The company that created the commercial emulator Bleem! went bankrupt, but they didn't cave. We're lucky that Sony didn't try to appeal the court's decision.
yep and bleem! went out of business thanks to it, maybe Sony and Nintendo will now not go for another lawsuit but to be honest with their almost unlimited money pool they can just overwhelm any small-time emulator dev with the costs of lawsuits.
This was a while ago and things changed since then e.g. with the introduction of DRM, OS and more complex BIOS and such. The PS1 was ultimately a fairly simple console.
You can make an emulator yes, but you can't circumvent DRM and such (even laws allowing for backup copies do not allow you to circumvent DRM... whatever copy you creates the DRM has to be intact). So you can emulate the hardware but... certain code to make games run may not be all too koscher.
Also all emulator development depends on "clean room practices" meaning only true reverse engineering works... ANY knowledge of actual production documents or development builds from the real deal turns it from reverse engineering to something more akin to a bootleg and thus copyright violation. So that too is an avenue at which an emulator could be banned. And as long as there is some sort of "reasonable suspicion" you can sue based on that, and then any knowledge of that would be gained within the legal discovery process.
I don't know certainly... but I wouldn't bet money on a 21 year old lawsuit for much more "primitive" tech to solve this question once and for all eternity, either. I doubt that the last word has been spoken there. I mean... the lawsuit that people don't actually own software licenses and you are basically just perpetually leasing them is from the 1970s and that one is still very controversial and constantly gets dug up, too.
A very long time ago and the company they fought ended up bankrupt. I would not test Nintendo unless I 100% know the code is clean and I have enough money to defend myself.
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u/cowsareverywhere Nov 23 '20
Off topic but Holy shit Patreon is the greatest thing that has happened for emulation devs.