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Legal Status of Emulation

3,215 bytes added, 26 April
Nintendo
:'''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====
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===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. ==Not directly about 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]] (Lockpick_RCM taken down by Nintendo DMCA), [[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.)
===Atari===
:*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 ports]] projects taken down by Nintendo recently. *::'''Link's Awakening DX HD''': placeholder text 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 (Project Portal 64: Still Alive) aiming to remove the requirement on proprietary code. 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]*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/].*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].
===Rockstar===
===Microsoft===
:'''*2017''' - Microsoft bans game emulators from the Windows Store.[https://www.theverge.com/2017/4/6/15204138/microsoft-bans-game-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, including 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://www.tomshardware.com/news/microsoft-banning-people-using-emulators-xbox] ===Taito Corporation===*In 2024, a DMCA takedown notice from Taito Corporation, targeting content on [[TeknoParrot]] servers.[https://twitter.com/TeknoParrotEmu/status/1775925817559732444]
==Avoiding==
==See also==
*[[Licensing]]
*[[History of emulation]]
==External links==
*[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]]
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