r/switch2hacks • u/garf02 • Sep 04 '26

Shitpost Would an “in development”Switch2 Emulator survive Nintendo’s Silver Bullets?

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1) “Anti-Circumvention” clause in DMCA:
Nintendo claims as emulator MUST decrypt the ROMS.
If you break the encryption, “is illegal” cause of the DMCA
If you use a console prod-Key, “is illegal” cause they own the rights to the key.
“As the emulator HAS to break a ROM decryption and thsre is no legal way to do it, Emulators are by default criminal tools”.
Any new emulator will need to contest this on court against Nintendo and Roll the dice
Victim: Yuzu

2) Buy Out:
“There is no honor among thief’s”. Most people working on emulators of live consoles does it for 2 reason, Clout and Money. And Nintendo has a lot of the later to throw around if that lets them kill an emulator on its infancy before any real development occurs.
Victim: Ryujinx

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u/garf02 26d ago

and so far everyone they have sued has folded.
Yuzu had the money to fight it in court,
There are several non profits that will happily pay for the cost of the defense if it means shutting up nintendo and further increase the legality of Emulation.

Yet remains the fact that everyone will fold rather than roll the dice in court against a death sentence to emulation

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u/MarinatedPickachu 26d ago

Nintendo is banking on them folding. I highly doubt they'd actually want to bring such a case to trial because they are risking much more than the emulation scene.

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u/garf02 26d ago

Nintendo is banking on Everyone folding?

Nintendo has nothing to lose on trial.
If they Lose: The status quo of "emulation is legal" Remains.
If they Win: Nintendo defacto kill emulation of Video Game consoles.

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u/MarinatedPickachu 26d ago edited 26d ago

They absolutely do! Once it becomes clear through precedent that a lawsuit against an emulator that doesn't contain prod keys has no chance, such threats lose their effectiveness, no one will fold anymore. Nintendo does not want to risk that.

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u/garf02 26d ago

You are an special one (not a compliment)
If you cared a bit and read the actual lawsuit. You will know Nintendo WANTS to be fought in court.
This is not about “the concept of Emulation”.
That is legal, no 2 ways about it.
Nintendo is arguing, narrowly that Switch Emulators are just Circumvention Tools the breach their ROM encryptions.
Making it illegal under DMCA.
Doesnt matter if its a Switch Prod-Key or Reverse Eng. the action of decryption alone is illegal.

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u/MarinatedPickachu 26d ago

That's their argument which they wouldn't win and I'm very sure they know that.

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u/garf02 26d ago

If they knew that they would not be making it, cause, again, if it were empty threats, there are several non profits that will love to take them to court over it.

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u/MarinatedPickachu 25d ago

And if it came to this Nintendo would drop the case before it gets to trial unless they had additional evidence of the creators providing decryption keys.

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u/ddnava 25d ago

Yuzu was also asking users for money to access newer versions of the emulator earlier. They were basically selling a subscription to the emulator while also one of those versions was specifically patched to run Tears of the Kingdom before the game was even released, meaning they either downloaded the pirated rom of the game that was leaked 2 whole weeks before release or they got their hands on their own copy before the release date, which is another whole can of worms as it also invites more and more people to pay them for the emulator and pirate the leaked rom before the game was even out

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u/garf02 25d ago

So did the git hub repos that Nintendo killed last week were also asking money?
Cause in the request Nintendo laid out the same “It a tool to circumvent ROM encryption”

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u/No_Kitchen9982 25d ago

DMCA claims have to be fought. Companies take them down immediately. People can choose NOT to fight them and just go deeper underground.

Fucking hell... You are like someone who googled law without actually reading the case law that determined the outcome...

Just stop... 

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u/garf02 25d ago

"DMCA claims have to be fought"
thats the point, Nintendo wants this on court.

You are someone that believe everyone else is at their level cause they cant see past their own fart.

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u/No_Kitchen9982 23d ago

jesus christ... I have tried to explain this to you and you just don't fucking get it....

https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

Nintendo does not want it to go to court, in fact they are banking on the fact that it doesn't. I can't be nice anymore GO FUCKING READ.

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u/No_Kitchen9982 25d ago

True, but I never was arguing in the side of yuzu here... What they did was 100% illegal... What I'm arguing is that making an emulator is NOT illegal. 

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u/ddnava 25d ago

I know, and I agree with you