this post was submitted on 01 Oct 2024
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Nintendo Is Now [?] Going After YouTube Accounts Which Show Its Games Being Emulated (www.timeextension.com)
submitted 1 month ago by alessandro@lemmy.ca to c/pcgaming@lemmy.ca
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[–] Sturgist@lemmy.ca 37 points 1 month ago (2 children)

As Russ notes, this is the second strike from Nintendo on his channel. The first, it's worth pointing out, was related to his coverage of a device which allows you to dump Switch games to your computer

[My emphasis]
It should be noted, the only way to legally play an emulated game is to dump the files off a cart/cd/floppy/w.e that you personally own. Which makes this even more egregious, as the video is about a device that could be used for piracy, but is also one of the only ways to legally make a backup of your property.

[–] tehWrapper@lemmy.world 8 points 1 month ago (2 children)

I feel like Nintendo licence agreement for all the games would have some clause your not allow to dump or run the game on other hardware.

[–] Sturgist@lemmy.ca 4 points 1 month ago

I'm sure they do, however, as with 90%+ of most EULA's contents, that wouldn't stand up as legally binding in a fair number of countries.

[–] ReallyActuallyFrankenstein@lemmynsfw.com 3 points 1 month ago (1 children)

Is there a Nintendo license agreement? I'm looking at a Switch game right now and see no "by opening you agree to TOS" language on the box. When I started the new Zelda a few days ago, there was no TOS acceptance.

While most software today has a license, and Nintendo's online store is different, unless I'm missing something it looks like only basic rules of law apply to the carts.

[–] tehWrapper@lemmy.world 3 points 1 month ago (2 children)

https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/

Pretty sure number 1 covers it, but I'm not a lawyer.

[–] ReallyActuallyFrankenstein@lemmynsfw.com 4 points 1 month ago* (last edited 1 month ago)

Hmm, it's been awhile since I set up my Switch. Yup, if the user must agree to this at Switch setup, then you're right.

That said a good lawyer would argue every game purchase is by default covered by its own right-of-first-sale and backup copy case law foundation, so would require a click wrap agreement affirmation to contravene that. Definitely that is required for each new game. So I think Nintendo's not on reliable legal ground at the very least.

[–] Zoot@reddthat.com 2 points 1 month ago (1 children)

That doesn't count for physical cartridges, especially not ones not even made by Nintendo lol.

[–] tehWrapper@lemmy.world 2 points 1 month ago

Every cart is made by Nintendo first party or not.. its a proprietary media format..

[–] Mango@lemmy.world 2 points 1 month ago

I can legally play however I please, payment or not. It's distribution where they get you.

[–] n3m37h@sh.itjust.works 15 points 1 month ago

Fuck Nintendo

[–] Sakychu@lemmy.world 13 points 1 month ago (1 children)

Then give us a way to play those games. Oh no, wait we instead release a full price version of 3 Mario games for only a limited time..

[–] SpikesOtherDog@ani.social 7 points 1 month ago* (last edited 1 month ago)

Sounds like the environment they wish to cultivate, just like the Disney Vault.

Edit: not defending, it sounds like their products should move to obscurity, like anime in the 80's.