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Link's Awakening DX HD*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]*Lockpick_RCM repository taken down by Nintendo DMCA[https: placeholder text //wololo.net/2023/05/10/switch-lockpick_rcm-and-fork-repositories-taken-down-by-dmca-request/].*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.youtubetheverge.com/watch?v2024/4/25/24140246/garrys-mod-nintendo-copyright-takedowns-dmca]. ===Rockstar===pmYgEqsds_MPortal 64Various [[Mods,_hacks_and_fan-translations|mod projects]] taken down by Rockstar.[https: Original project //www.sportskeeda.com/gta/5-major-gta-mods-shut-take-two] *Flat2VR*Ozark*Vice Cry*OpenIV's Liberty City*Grand Theft Auto Underground*AI Powered GTA V: Story Mode with AI NPCs Various [[Game engine recreations and source ports]] projects taken down due to Nintendoby Rockstar's tools used for building parent company.[https://www.ign.com/articles/reverse-engineered-gta-3-and-vice-city-fan-project-taken-down] *Re3*ReVC ===Microsoft===*2017 - Microsoft bans game emulators from the Windows Store.[https://www.theverge.com/2017/4/6/15204138/microsoft-bans-game for Nintendo 64-emulators-from-the-windows-store]*2023 - Microsoft cracked down on a loophole in the Xbox Store that allowed emulators to be downloaded and used on Xbox consoles to play older games, new one (Project 64including many unavailable on Xbox consoles[https://www.ign.com/articles/microsoft-addresses-xbox-emulator-ban-says-its-based-on-long-standing-policy] and also bans gamers using Retail Mode Emulators on Xbox.[https: Still Alive) aiming to remove the requirement //www.tomshardware.com/news/microsoft-banning-people-using-emulators-xbox] ===Taito Corporation===*In 2024, a DMCA takedown notice from Taito Corporation, targeting content on proprietary code[[TeknoParrot]] servers.[https://twitter.com/TeknoParrotEmu/status/1775925817559732444]
→Nintendo
'''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? See [[#Not directly about 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.
==Notable Legal Incidents==
===Nintendo===
====Direct legal action====
:'''Action:''' Lawsuit against the for-profit LLC that manages Yuzu and its Patreon
:'''Reason:''' Emulation and personal backups itself (mentioned in passing), Encouraging and engaging in piracy of unreleased leaked games and prominently profiting off it, Yuzu not including AES keys but using them to load encrypted game images, using Nintendo imagery to promote their patreon. Comparisons presenting the emulator as the better alternative. Included guides for unlocking the protection of Switch hardware on the emulator website.
:'''Outcome:''' Settlement. Both Citra (also under the same team and LLC) and Yuzu's online presence and development is discontinued. Developers Tropic Haze was ordered to pay Nintendo $2.4m, retire from all emulation projects (even mGBA and Dolphin)developing Yuzu or assisting Citra with development, issue statements denouncing emulation (in public) and claiming any emulation that deals with AES keys is illegal (in front of a federal judge, in an attempt to build up and submit personal Switch hardware. See [[Yuzu#Lawsuit]]. ::suyu, a legal precedent, despite cases like Accolade vs. Sega fork of yuzu continues from where similar protection circumvention wasn't deemed illegal because it preserves competitivity and interoperability - also protected that project left off on GitLab instead of Github suggested by the DMCA itself)community due to potential takedown attempt. However, submit telemetry information GitLab still took down the suyu repository due to Nintendothe use of raw yuzu code. As a result, submit personal Switch hardware, avoid discovery (for even worse shady stuff specific the suyu team use their own repository. Although their discord channel forced to shut down due to the Yuzua court order[https://old.reddit.com/r/emulation/comments/1c39xed/suyu_project_freeze_and_court_order/Citra project) and run off with their personal salaries from ], killing the project in the sunset. Another fork of yuzu, Sudachi emulator discord channel shut down[https://www.theverge.com/2024/4/11/24127545/discord-suyu-sudachi-server-shutdown-account-ban]. See [[Nintendo Switch emulators#Comparisons]] section.
====Pressured====
:'''Reason:''' Paid Emulator. Unfair competition (runs on DreamCast and PC). Using Sony imagery to promote their product in print ads. Comparisons presenting the emulator as the better alternative. Circumvents/includes BIOS. Patent infringement.
:'''Outcome:''' Sony lost the BIOS/unfair competition lawsuit for the PC version, however it was a pyrrhic victory for Bleem who went bankrupt soon after. The emulator was leaked afterwards. Some of the staff was hired by Sony to work on the official PS1 emulation for the PSP. Established a legal precedent.
:*See also [[History of emulation#PlayStation]]and [[Bleem!]].
;1999 - Connectix VGS (PS1) vs. Sony
Sega later collaborated with a huge number of fan emulation developers for their countless retro collections, both from Japan and elsewhere. Albeit some exclusive content was later on tampered with to prevent its compatibility with third-party emulators, to limit piracy and unauthorized resellers. Ex-Sega of Japan developers also worked on fan emulators. A lot of developer interviews by Sega developers discuss common emulation topics like input delay and CRT shaders and screen scales.
===Apple=Related to emulation==Quite infamouslyDumping tools, Apple hires anyone behind a promising iPhone emulator or compatibility layercopying home media and home video content, media player softwares with optical discs encryption and copy protection techniques and it almost always gets shut down codec situations since all of them are somewhat related to emulation, either directly or indirectly. Copyright infringement and scrubbed off attempts to remove infringing content through the face of Digital Millennium Copyright Act (DMCA) have been ongoing issues in the Internet[[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.)
==Not directly about emulation=Atari===Dumping tools;1983 - Atari, Inc. v. JS & a GROUP, copying home media and home video contentINC.:'''Action:''' Atari, media player softwares with optical discs encryption and copy protection techniques and codec situations since all of them are somewhat related to emulationInc. sued JS & a GROUP, either directly or indirectlyINC. for contributory copyright infringement. Copyright :'''Reason:''' Contributory copyright infringement and attempts to remove infringing content through , implying JS & a GROUP's product (likely the Digital Millennium Copyright Act (DMCAPROM Blaster) have enabled users to illegally copy Atari games.:'''Outcome:''' The district court decided that, as §117 had been ongoing issues in rewritten based on input from the [[Home_Media_Player|home media and home video]] Final Report of the National Commission on New Technological Uses of Copyrighted Works (especially VCRCONTU), [[Ripping_games|dumping tools]] (Lockpick_RCM taken down that states that archival copies of digital media should be allowed “to guard against destruction or damage by Nintendo DMCA)mechanical or electrical failure, [[Home_Media_Player#Media_player_software|” and since game cartridges as media player softwares with optical discs encryption and are not particularly subject to mechanical or electrical failure, making an archival copy protection techniques, codec situationsof a game cartridge constituted copyright infringement.[https://itlaw.fandom.com/wiki/Atari_v._JS%26A_Group]] (HD-DVD and Blu-Ray disc support etc.)
===Apple===
:*The court's definition of fair use remains influential in software copyright cases today. '''Fair use''': Compatible products can exist without infringing upon copyrighted material, as long as they meet the criteria of fair use.
:*Although not directly related to emulation, this case set a precedent that indirectly affects emulation by clarifying the legal boundaries of software compatibility and copyright protection, which are relevant to the creation and distribution of emulators.
;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.
*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/], 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===
;2021 - Caudel v. Amazon.com
:'''Action:''' In April 2020, Amanda Caudel filed this putative class action against defendant Amazon.com, Inc. (Amazon)
:'''Reason:''' Violation of California consumer laws by allowing customers to purchase electronic media content at a higher fee than rented content, when the purchased content might become unavailable to the consumer at a later date.
:'''Outcome:''' The court grants defendant's motion to dismiss.
===Bandai Namco===
*2024 - Notice of Infringement tekkenmods.com[https://twitter.com/DennisStanistan/status/1777610181217513979].
===Sony===
===Nintendo===
*Various [[Game engine recreations and source_portssource ports]] projects taken down by Nintendo recently.::'''Link's Awakening DX HD''': A complete remake written in C# of the original 2D GBC game that was uploaded by an anonymous user to itch.io. It featured widescreen support and the ability to scale the map, making it possible to view the entire map (with moving sprites) on one screen. It was online for roughly 4 days before it was inevitable taken down for including copyrighted assets, however the source code was included with the game and it has since been re-uploaded to various place. - https://www.youtube.com/watch?v=pmYgEqsds_M::'''Portal 64''': Original project taken down due to Nintendo's tools used for building the game for Nintendo 64, new one (Portal 64: Still Alive) aiming to remove the requirement on proprietary code.
==Avoiding==
*[[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.
*[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]].
==See also==
*[[Licensing]]
*[[History of emulation]]
==External links==
*[https://cs.stanford.edu/people/eroberts/cs181/projects/1998-99/copyright-infringement/emulationlawsuits.html Stanford University: Emulation Lawsuits - Past and Present]
*[https://reddit.com/r/EmuDev r/EmuDev]
*[https://aftermath.site/pokemon-lawyer-cease-desist-fan-project-pikachu-movie Aftermath - What I Do: Pokémon’s Former Chief Lawyer On Shutting Down Fan Games & Honeymoon Business Deals]
*[[Wikipedia:Right_to_repair|Wikipedia - Right to repair]]
[[Category:FAQs]]
