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'''This page will try and document some notable incidents regarding the legal status of emulation. Nothing in this page should be considered legal advice.''' | '''This page will try and document some notable incidents regarding the legal status of emulation. Nothing in this page should be considered legal advice.''' | ||
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− | The legality of using encryption keys for emulators or accessing personal video collections is a debated topic. These keys, typically generated by random number algorithms, are not subject to copyright protection unlike creative content. In the realm of DVDs, Blu-rays, and HD DVDs, the question arises: should using open-source software to decode, watch, or back up your legally acquired video collection be restricted due to these non-copyrightable encryption keys? | + | The legality of using encryption keys for emulators or accessing personal video collections is a debated topic. These keys, typically generated by random number algorithms, are not subject to copyright protection unlike creative content. In the realm of DVDs, Blu-rays, and HD DVDs, the question arises: should using open-source software to decode, watch, or back up your legally acquired video collection be restricted due to these non-copyrightable encryption keys? See [[#Related_to_emulation]] for the home media and home video realm. |
There are even political parties, such as the [[Wikipedia:Pirate Party UK|Pirate Party UK]], whose core policies focus on reforming copyright and patent laws[https://old.reddit.com/r/emulation/comments/1bbn3bw/defending_emulation_rights_and_challenging/], supporting privacy, reducing government and business surveillance, and championing freedom of speech and expression. | There are even political parties, such as the [[Wikipedia:Pirate Party UK|Pirate Party UK]], whose core policies focus on reforming copyright and patent laws[https://old.reddit.com/r/emulation/comments/1bbn3bw/defending_emulation_rights_and_challenging/], supporting privacy, reducing government and business surveillance, and championing freedom of speech and expression. | ||
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==Notable Legal Incidents== | ==Notable Legal Incidents== | ||
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==Related to emulation== | ==Related to emulation== | ||
− | + | Dumping tools, copying home media and home video content, media player softwares with optical discs encryption and copy protection techniques and codec situations since all of them are somewhat related to emulation, either directly or indirectly. Copyright infringement and attempts to remove infringing content through the Digital Millennium Copyright Act (DMCA) have been ongoing issues in the [[Home_Media_Player|home media and home video]] (especially VCR), [[Ripping_games|dumping tools]], [[Home_Media_Player#Media_player_software|media player softwares with optical discs encryption and copy protection techniques, codec situations]] (HD-DVD and Blu-Ray disc support etc.) | |
===2K=== | ===2K=== | ||
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;2010~ | ;2010~ | ||
*Quite infamously, Apple hires anyone behind a promising iPhone emulator or compatibility layer, and it almost always gets shut down and scrubbed off the face of the Internet. | *Quite infamously, Apple hires anyone behind a promising iPhone emulator or compatibility layer, and it almost always gets shut down and scrubbed off the face of the Internet. | ||
− | *Apple used to have a really strict rule about emulators not being allowed on the App Store, however, there have been some recent developments suggesting a relaxation of this policy[https://arstechnica.com/gadgets/2024/04/apple-now-allows-retro-game-emulators-on-its-app-store-but-with-big-caveats/][https://old.reddit.com/r/emulation/comments/1bwtwb1/apple_app_store_guidelines_updated_emulators_now/]. Although some of the developers from emulation community stated that the platform is still not attractive for emulators for various reasons[https://www.ppsspp.org/news/apple-announcement-comment/][https://twitter.com/MikageEmu/status/1776558775064760798][https://oatmealdome.me/blog/why-dolphin-isnt-coming-to-the-app-store/][https://dolphin-emu.org/blog/2024/04/30/dolphin-progress-report-february-march-and-april-2024/#why-dolphin-isnt-coming-to-the-ios-app-store | + | *Apple used to have a really strict rule about emulators not being allowed on the App Store, however, there have been some recent developments suggesting a relaxation of this policy[https://arstechnica.com/gadgets/2024/04/apple-now-allows-retro-game-emulators-on-its-app-store-but-with-big-caveats/][https://old.reddit.com/r/emulation/comments/1bwtwb1/apple_app_store_guidelines_updated_emulators_now/]. Although some of the developers from emulation community stated that the platform is still not attractive for emulators for various reasons[https://www.ppsspp.org/news/apple-announcement-comment/][https://twitter.com/MikageEmu/status/1776558775064760798][https://oatmealdome.me/blog/why-dolphin-isnt-coming-to-the-app-store/][https://dolphin-emu.org/blog/2024/04/30/dolphin-progress-report-february-march-and-april-2024/#why-dolphin-isnt-coming-to-the-ios-app-store], but for others it's good enough to release their projects[https://www.theverge.com/2024/4/19/24134767/emulators-iphone-delta-google-meta-ai-vergecast-podcast][https://old.reddit.com/r/emulation/comments/1c6go36/delta_emulator_now_live_on_the_app_store/][https://github.com/yoshisuga/MAME4iOS/issues/457]. Overall, there is some uncertainty about how the new App Store policies will affect emulators. Some developers believe that the new policies will make no difference, while others are more optimistic. It remains to be seen how Apple will interpret their own rules. |
===Amazon=== | ===Amazon=== | ||
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===Bandai Namco=== | ===Bandai Namco=== | ||
*2024 - Notice of Infringement tekkenmods.com[https://twitter.com/DennisStanistan/status/1777610181217513979]. | *2024 - Notice of Infringement tekkenmods.com[https://twitter.com/DennisStanistan/status/1777610181217513979]. | ||
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===Internet Archive=== | ===Internet Archive=== | ||
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;2023 - Hachette Book Group, Inc. v. Internet Archive[https://en.wikipedia.org/wiki/Hachette_v._Internet_Archive] | ;2023 - Hachette Book Group, Inc. v. Internet Archive[https://en.wikipedia.org/wiki/Hachette_v._Internet_Archive] | ||
:'''Action:''' Hachette Book Group, along with Penguin Random House, HarperCollins, and Wiley, sued the Internet Archive in June 2020. | :'''Action:''' Hachette Book Group, along with Penguin Random House, HarperCollins, and Wiley, sued the Internet Archive in June 2020. | ||
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:*August 2023: A negotiated settlement was reached. The Internet Archive agreed to stop lending digital copies of ebooks on which the publishers held copyright. | :*August 2023: A negotiated settlement was reached. The Internet Archive agreed to stop lending digital copies of ebooks on which the publishers held copyright. | ||
:*September 2023: The Internet Archive appealed the court's decision. The case is ongoing. | :*September 2023: The Internet Archive appealed the court's decision. The case is ongoing. | ||
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===Sony=== | ===Sony=== | ||
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:*The concept of "fair use" was not directly addressed in this case, but the Court's emphasis on non-infringing uses laid the groundwork for future fair use arguments related to new technologies. | :*The concept of "fair use" was not directly addressed in this case, but the Court's emphasis on non-infringing uses laid the groundwork for future fair use arguments related to new technologies. | ||
:*While not directly about emulation, this case set a precedent regarding the potential liability of technology companies for the actions of their users, which has indirect implications for emulation and the legal discussion around emulators and copyright infringement. | :*While not directly about emulation, this case set a precedent regarding the potential liability of technology companies for the actions of their users, which has indirect implications for emulation and the legal discussion around emulators and copyright infringement. | ||
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===Nintendo=== | ===Nintendo=== | ||
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*A total of 379 fan-made games have been removed from gaming website and hosting service Game Jolt after Nintendo of America issued a mass DMCA takedown.[https://www.nintendolife.com/news/2021/01/nintendo_issues_mass_dmca_takedown_379_fan-made_games_forcibly_removed] | *A total of 379 fan-made games have been removed from gaming website and hosting service Game Jolt after Nintendo of America issued a mass DMCA takedown.[https://www.nintendolife.com/news/2021/01/nintendo_issues_mass_dmca_takedown_379_fan-made_games_forcibly_removed] | ||
− | *Lots of ROM sites taken down by Nintendo. Funny thing is they allegedly downloaded and sold a rom back to customers[https://www.eurogamer.net/articles/2017-01-18-did-nintendo-download-a-mario-rom-and-sell-it-back-to-us | + | *Lots of ROM sites taken down by Nintendo. Funny thing is they allegedly downloaded and sold a rom back to customers.[https://www.eurogamer.net/articles/2017-01-18-did-nintendo-download-a-mario-rom-and-sell-it-back-to-us] |
− | + | *Lockpick_RCM repository taken down by Nintendo DMCA[https://wololo.net/2023/05/10/switch-lockpick_rcm-and-fork-repositories-taken-down-by-dmca-request/]. | |
− | *Lockpick_RCM | + | *Garry’s Mod is taking down (DMCA) decades of Nintendo-related add-ons[https://old.reddit.com/r/Games/comments/1ccte1x/garry_newman_confirms_that_the_garrys_mod_dmca/][https://www.theverge.com/2024/4/25/24140246/garrys-mod-nintendo-copyright-takedowns-dmca]. |
− | *Garry’s Mod is taking down (DMCA) decades of Nintendo-related add-ons[https://old.reddit.com/r/Games/comments/1ccte1x/garry_newman_confirms_that_the_garrys_mod_dmca/][https://www.theverge.com/2024/4/25/24140246/garrys-mod-nintendo-copyright-takedowns-dmca]. | ||
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===Rockstar=== | ===Rockstar=== | ||
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===Taito Corporation=== | ===Taito Corporation=== | ||
*In 2024, a DMCA takedown notice from Taito Corporation, targeting content on [[TeknoParrot]] servers.[https://twitter.com/TeknoParrotEmu/status/1775925817559732444] | *In 2024, a DMCA takedown notice from Taito Corporation, targeting content on [[TeknoParrot]] servers.[https://twitter.com/TeknoParrotEmu/status/1775925817559732444] | ||
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==Avoiding== | ==Avoiding== | ||
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*[https://old.reddit.com/r/emulation/comments/rtlceo/mame_is_officially_dropping_support_for_akai/ MAME is officially dropping support for Akai Katana and Dodonpachi Saidaioujou after C&D from Exa Arcadia] | *[https://old.reddit.com/r/emulation/comments/rtlceo/mame_is_officially_dropping_support_for_akai/ MAME is officially dropping support for Akai Katana and Dodonpachi Saidaioujou after C&D from Exa Arcadia] | ||
*[[yuzu]] removes Raptor Network support and shut down the server as well[https://old.reddit.com/r/emulation/comments/jndzdf/yuzu_removes_raptor_online_support/]. One of the potential reason was Nintendo is quite aggressive with C&D's, especially when it's something that is a '''current product of theirs''', so it was no surprise. See [[Nintendo Switch Online#Emulation of the service]] and [[Preservation projects#Private Platform Servers]]. | *[[yuzu]] removes Raptor Network support and shut down the server as well[https://old.reddit.com/r/emulation/comments/jndzdf/yuzu_removes_raptor_online_support/]. One of the potential reason was Nintendo is quite aggressive with C&D's, especially when it's something that is a '''current product of theirs''', so it was no surprise. See [[Nintendo Switch Online#Emulation of the service]] and [[Preservation projects#Private Platform Servers]]. | ||
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==See also== | ==See also== | ||
*[[Licensing]] | *[[Licensing]] | ||
*[[History of emulation]] | *[[History of emulation]] | ||
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==External links== | ==External links== | ||
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*[[Wikipedia:Right_to_repair|Wikipedia - Right to repair]] | *[[Wikipedia:Right_to_repair|Wikipedia - Right to repair]] | ||
*[https://github.com/github/dmca/tree/master Github Repository with text of DMCA takedown notices as received] | *[https://github.com/github/dmca/tree/master Github Repository with text of DMCA takedown notices as received] | ||
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[[Category:FAQs]] | [[Category:FAQs]] |