• jsomae@lemmy.ml
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    1 year ago

    Reminder that poor Gary Bowser was jailed for a year and owes 30% of his income to Nintendo for the rest of his life. He uses a wheelchair and has two kids.

    It would be morally wrong to pirate all future Nintendo titles and pay the cover price to Gary’s gofundme. Please don’t do that.

    • teawrecks@sopuli.xyz
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      1 year ago

      Please don’t conflate an open effort to own your own hardware and data with a closed effort to literally sell access to copyrighted content under the table, and try to launder the profits and commit fraud. Yuzu and Bowser are not the same.

      • jsomae@lemmy.ml
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        1 year ago

        you mean the MiGSwitch, a device for dumping and preserving switch ROMs? I would love to have one for personal backups, and it pairs well with yuzu. Team Xecuter is credibly presumed to be the developers, so that’s likely Bowser’s current hobby.

          • macniel@feddit.de
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            1 year ago

            Do you really believe that the last statement by yuzu is their own opinion? It really reads as it was written by a Nintendo lawyer and they just needed to sign it.

            • Perfide@reddthat.com
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              1 year ago

              Yuzu has always expressed that opinion about piracy publicly. Whether they actually believe that is another matter, but it’s nothing new for them to say that.

              • kenopsik@lemm.ee
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                1 year ago

                Basically every emulator developer will say that their platform is not for piracy but for backing up your legally purchased games, but it’s usually just a “wink wink nudge nudge” type of thing for legal reasons.

    • faith@lemmy.ml
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      1 year ago

      Reminder that “poor Gary” was selling pirated roms.

  • bionicjoey@lemmy.ca
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    1 year ago

    Where does a FOSS project find $2.4M? They weren’t selling anything were they? They can’t really have that big of a war chest can they?

    • Moonrise2473@lemmy.ml
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      1 year ago

      They don’t have it. It’s a limited liability company so in this way they will pay only the sum of their assets (=bankruptcy) which is lower than legal expenses against a Goliath and definitely lower than 2.4 million. I’m guessing 1000x lower than the settled amount or they wouldn’t have reason to found the LLC in first place or to settle this easy and this fast

    • Fubarberry@sopuli.xyz
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      1 year ago

      My understanding is they’ve been making 30k a month from their Patreon.

      Which is also the main reason they were vulnerable to a lawsuit, because they’ve been profiting off of the emulator (which why legal by itself, is only popular enough to make money due to piracy).

      • bionicjoey@lemmy.ca
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        1 year ago

        $2.4M is 8 years’ worth in that case, assuming they were making that much the entire time. And of course a lot of that money was probably for the devs to afford basic living expenses.

        • Fubarberry@sopuli.xyz
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          1 year ago

          The most recent version of Yuzu (which theoretically has the best performance) is semi-locked behind their Patreon.

          This was especially important when TotK came out, because they were making a bunch of tweaks to improve performance for that game. So people who wanted to play TotK needed to subscribe to get the best results (or build from source, I’m assuming).

    • blindsight@beehaw.org
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      1 year ago

      This shouldn’t need to be the case; emulation is legal and has been tried by the courts in several jurisdictions.

      Sucks that laws like the DMCA make it illegal to bypass encryption for the sake of emulation or other fair use, so the legality of emulation isn’t really “enough” in the face of even rudimentary protections.

      The nice thing about loving on a global society is that this can still be legally pursued elsewhere and we can all benefit. (Or coordinated/shared on the dark web, which can be untraceable even for those living in justifications where it might be illegal.)

      In this case, they’ll be fine. They made a LLC and didn’t take any personal liability in the settlement. They can just declare bankruptcy and fold.

      • matcha_addict@lemy.lol
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        1 year ago

        Emulation may be legal on paper, but in the end, we are rarely ever a match for such massive corporations, and a legal system that lets them get away with outspending you on legal fees.

  • hemko@lemmy.dbzer0.com
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    1 year ago

    Holy shit this thing smells so bad. The announcement reads like “Nintendo’s legal team wrote this in exchange for 1 mill smaller settlement”

  • matcha_addict@lemy.lol
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    1 year ago

    Reminder that paying Nintendo money is morally wrong and should be avoided when possible. Buy the consoles, sure, but pirate if you have to play the games.

    • Asafum@feddit.nl
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      1 year ago

      The consoles are the fucking things I don’t want to buy… I’m sick of Nintendo and their “buy my console or fuck you” motto…

      I haven’t bought an Xbox since the 360 and haven’t bought a PlayStation since PS4 because I’m so sick of dropping hundreds of dollars on a console for one or two games since the parent companies are assholes and won’t have the games ported to PC. At least Sony and Microsoft got the message that you can have your console and sell the games on PC

  • Lojcs@lemm.ee
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    1 year ago

    They’re shutting down the website too :( I really liked the in depth update logs. Yuzu (the website, emulator, android app) felt so extraordinarily polished for an emulator too. Shame Nintendo

  • macniel@feddit.de
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    1 year ago

    fuck Nintendo, I’ll never support them or buy anything related to them ever again.

    • Fizz@lemmy.nz
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      1 year ago

      I feel like the people saying this now aren’t going to follow through and will buy future Nintendo products. If this behavior was a deal breaker for you then you would already be boycotting Nintendo.

      • macniel@feddit.de
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        1 year ago

        Well, given that the last game I officially bought by Nintendo was Metroid Prime Dread (because I really really want that franchise to regain its former glory, same with F-Zero) and that also after a year or so of not buying anything new. Yeah I was kinda in a soft boycott already.

      • theshatterstone54@feddit.uk
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        1 year ago

        Depends on the person really. I’ve been a sailor all my life, and the only times I’ve bought games was when I bought some physical disc games for my ps4, so it really depends on the person.

        • Stephen Greenham@mast.solarisfire.com
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          1 year ago

          @theshatterstone54 @Fizz I’ve bought a physical copy of every switch game I’ve ever played on Yuzu on my Steam Deck… It was just nice having to only carry one portable about, and a superior overall gaming experience. I’ll never do business with Nintendo again over this…

  • 0x0@social.rocketsfall.net
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    1 year ago

    They must know they fucked up somewhere and decided to go this route rather than get exposed for potential shenanigans. From reading comments in other communities I was surprised to see a lot of people expected this outcome, although nobody was particularly specific about why (maybe someone here can give some insight.) For the record I’ve been on team “Fuck Nintendo” after the Gamecube, but I’d take the fact that other emulators haven’t been targeted as possible hint that Nintendo got wind of something wacky going on. Who knows, maybe they’re next?

    • poVoq@slrpnk.netM
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      1 year ago

      They ran a LLC company and earned a quite substantial amount of money with Yuzu. I also suspect that they don’t actually plan to pay much of this fine and just let the LLC go bankrupt.