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From ''Copyright Infringement and DMCA Takedown Attempts in Home Videos and Software Emulators''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 video]] (especially VCR)[https://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc.] days to [[Wikipedia:Sega_v._Accolade|Sega v. Accolade]], [[Bleem!]] and Connectix VGS cases[https://www.theregister.com/1999/04/12/bleem_beats_sony/][https://en.wikipedia.org/wiki/Sony_Computer_Entertainment,_Inc._v._Connectix_Corp.], [https://dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/ dolphin-steam situation] and [https://old.reddit.com/r/software emulation/comments/1b1mghd/twitter_nintendo_is_suing_the_creators_of_popular/ recent yuzu news with Nintendo]. placeholder textcommunities.
Emulator developers usually very careful when it's comes to embedded encrypted system keys or similar implementations due to possible DMCA and copyright infringements, see Early Cases:* [[PlayStation 2 emulators#MagicGateWikipedia:Sony_Corp._of_America_v._Universal_City_Studios,_Inc.|Sony Corp. of America v. Universal City Studios, Inc.]](1984), also known as the Betamax case: This landmark case established the fair use doctrine for home recording of copyrighted material, allowing VCRs to be sold despite concerns from movie studios.
→Lawsuits: Probably needs lots of corrections, any volunteer?
==Lawsuits==
Later Cases:
*[[Wikipedia:Sega_v._Accolade|Sega v. Accolade]], Inc. (1991): This case addressed reverse engineering, where Accolade created compatible game cartridges for Sega Genesis consoles. The court ruled that copying the functional elements of a copyrighted work (like the system interface) did not constitute copyright infringement.
*[[Wikipedia:Bleem!#Sony_lawsuit|Bleem! v. Sony Computer Entertainment America Inc.]] (2000): [[Bleem!]] developed an emulator for PlayStation games, but Sony successfully sued them for copyright infringement due to Bleem! including copyrighted Sony code in their emulator.[https://www.theregister.com/1999/04/12/bleem_beats_sony/]
*[[Wikipedia:Sony_Computer_Entertainment,_Inc._v._Connectix_Corp.|Connectix v. Nintendo Co., Ltd.]] (1997): Connectix created an emulator for Nintendo games, but unlike Bleem!, they avoided including copyrighted code. The court ruled in favor of Connectix, affirming the legality of emulators that do not contain copyrighted material.
Recent Developments:
*[https://dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/ Dolphin-Steam situation] (2023): The popular emulator Dolphin was briefly unavailable on the Steam Deck handheld gaming console due to potential copyright concerns. However, Valve clarified that it was not a DMCA takedown and the emulator is once again available.
*[https://old.reddit.com/r/emulation/comments/1b1mghd/twitter_nintendo_is_suing_the_creators_of_popular/ Nintendo suing Yuzu] (2024): Nintendo filed a lawsuit against the developers of the Yuzu Switch emulator, alleging copyright infringement. The case is ongoing.
Software Emulators and the DMCA:
These cases highlight the complex legal landscape surrounding software emulation and copyright. While emulators themselves are generally legal, developers must be cautious about including copyrighted material, such as embedded system keys or copyrighted code, within their software. This can lead to DMCA takedown notices and potential lawsuits.
*[[PlayStation 2 emulators#MagicGate|PCSX2 and MagicGate]]: The developers of the PlayStation 2 emulator PCSX2 demonstrate an approach to cautious development. They avoided potential copyright issues with MagicGate, an embedded encryption system in some PS2 memory cards, by not directly replicating it within the emulator. While workarounds exist, the PCSX2 team's stance highlights their commitment to reducing the potential for legal complications.
To learn more about such cases, examples and challenges, see;
*[[PlayStation 2 emulators#MagicGate]]
*[https://youtu.be/UGHul1PrXCE Gaming Historian: From Shady to Legal: How Bleem & VGS Battled Sony]
*[[History of emulation#PlayStation]] (Bleem! and VGS cases)
