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Why Are Emulators Legal? Dolphin vs. Nintendo, and the Fate of Emulation [Great Emu War Pt. 1]

Moon Channel

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Beginner. No background in the topic needed.

410K views3 years ago2 recommendations

SecurityHistory and cultureReverse engineeringRetro computingThe tech industry

A lawyer explains the legal history and fragile precedents that protect video game emulators under US copyright law.

Try Brilliant free for a full 30 days by visiting: brilliant.org/MoonChannel The first 200 people get 20% off an annual premium subscription! --- Why Are Emulators Legal? Dolphin vs. Nintendo, and the Fate of Dolphin Emulator Everyone knows that emulators are legal... but why are they legal? Emulation is far more fragile than most people think, and its protected only by the thinnest veneer of law. Nintendo's recent takedown of Dolphin Emulator's release on Steam shows us that we cannot take the future of emulation for granted! Let's explore together, the history of emulation law, the Dolphin vs. Nintendo battle over Steam, and the fate of Dolphin emulator. In so doing, we will learn what is legal in emulation, what isn't legal, and what still has yet to be clarified. --- 10% of Moon Channel's Revenue goes to charity: including our sponsorship income! We are currently supporting Doctors Without Borders (MCF). You can learn more about Doctors Without Borders at msf.org/. -- Please also consider supporting Moon Channel on Patreon! patreon.com/MoonChannelYT --- Chapters: - Intro - Sponsored By Brilliant.org - A Tale of Two Companies and a Marine Mammal - Intro to the Legality of Emulators - Sony v. Connectix Corp., the Basis for Emulation Legality - Sony v. Bleem, NOT the Basis for Emulation Legality - TL;DR Legality of Emulation Summary - Sega v. Accolade, Intro to 17 USC §1201(f) - Dolphin Emulator Takedown Intro - Analyzing Nintendo's Letter - Valve's Role - The Existential Threat of Emulation and the Big Red Litigation Button - Soulja Boy Tangent - Conclusion - End Credits Gag, Silly Songs with Moony --- Track List: Intro - Dolphin Park, Wave Race 64 Sponsor - Wii Shop Channel, Smash Ultimate Tale of Two Companies - Grandma's Theme, The Legend of Zelda: Wind Waker Legality of Emulators/Connectix - Beginning Overture, Phoenix Wright Ace Attorney Sony v. Connectix Corp. - Objection! 2001, Phoenix Wright Ace Attorney Sony v. Connectix Corp. - Testimony ~ Allegro 2001, Phoenix Wright Ace Attorney Sony v. Bleem - See, Above Emulation Summary - Pursuit ~ Cornered, Phoenix Wright Ace Attorney Sega v. Accolade - See, Above Dolphin Emulator Takedown Intro - Bubblaine, Super Mario Odyssey Nintendo's Letter - Dolphin Shoals, Mario Kart 8 Deluxe Nintendo's Letter - The Trial, Chrono Trigger Valve's Role - Want You Gone, Portal 2 Valve's Role - Still Alive, Portal Big Red Button - Swing Doors, Fallout 3 Soulja Boy Tangent - Boogie Man, Fallout 3 Conclusion - Game Over, Ecco the Dolphin End Credits Gag - Moony sings a parody of "So Long and Thanks For All the Fish" from The Hitchhiker's Guide to the Galaxy Movie. --- Attributions: Mario Homerun Contest Footage: youtube.com/watch?v=nZepKcyiPI0 Dolphin 5.0 Release Video: youtube.com/watch?v=KS7Fl30JZcA Dolphin Comparison Footage New Super

Why it's here

2 people recommend this

What people say. Highly recommended as a clear, legally-grounded explanation of emulator legality and the DMCA implications of Nintendo's actions.

CaliforniaKarlon Hacker News • Recommends

On “Nintendo is suing the creators of Switch emulator Yuzu”

I really recommend folks watch this, from a lawyer: link to this video “Why Are Emulators Legal? Dolphin vs. Nintendo, and the Fate of Dolphin Emulator”

Shish2kon Hacker News • Recommends

On “Playing Pokemon Red with Reinforcement Learning”

It varies based on country and jurisdiction, but from an American / European perspective - some parts of the emulation scene are “definitely not legal” (eg, distributing copyrighted ROMs), and most parts of the scene are “It is complicated. Well-informed people have different predictions, but it hasn’t been tested in court, so we don’t know for sure”. Moon Channel (an actual lawyer) has a fairly clear and concise summary with particular relation to the Dolphin emulator’s attempt to get itself on Steam: link to this video

chaoraceon Hacker News • Mentions

On “Yuzu emulator developers settle Nintendo lawsuit, pay $2.4M in damages”

…ological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. FYI: I am not a lawyer, but you can listen to a lawyer explain the above at the following link link to this video…