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Aside from Switch emulators which get C&D by Nintendo due to private key copyright infringement issues, nothing with existing emulators would cause a legal tussle. AI has zero impact on it.


> due to private key copyright infringement issues

None of the Switch emulators Nintendo took down had such issues, they all required supplying your own keys.

Nintendo takes them down anyway because they can, and because they have enough money that no individual can fight them on it. Their takedowns have no real legal standing, and there's no reason why they couldn't do the same for every other emulator, other than them simply not wanting to.


Section 1201 of the DMCA makes it illegal in the US to defeat a technological measure that controls access to a copyrighted work (such as the Switch's game encryption) without the copyright owner's permission. It also makes it illegal to develop or distribute software that is primarily designed to defeat technological access control measures. Yuzu does not function without integrating the Switch's decryption keys without Nintendo's authorization, therefore under the DMCA it's an illegal piece of software. In general this means that any unauthorized emulator made for any relatively modern system is also illegal, since they all encrypt their games.

One thing to note is that all the famous legal cases establishing unauthorized emulation as legal revolved around PlayStation emulators. The PlayStation doesn't have anything that would be defined as a "technical measure" under the DMCA. The PlayStation copy protection involves stopping a user from playing a copied game on a real console, not stopping a user from making a copy of the game in the first place.




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