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NEWS: Switch Emulator Yuzu's Developers Cease Work, Pay Nintendo US$2.4 Million in Settlement


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Fluwm



Joined: 28 Jul 2009
Posts: 1061
PostPosted: Tue Mar 05, 2024 2:45 am Reply with quote
Well, this sure is... something. I wonder how long it'll take not-Yuzu to resurface under a different name. I know Nintendo can be stubborn, but I really don't see them ever achieving more than a very temporary victory against emulation.
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Raebo101



Joined: 17 Mar 2010
Posts: 818
PostPosted: Tue Mar 05, 2024 6:08 am Reply with quote
Holy Moly! $2.4 Million Dollars?? I can understand Nintendo wanting to shut down Yuzu, but having the developers pay millions in settlement seems a bit overkill to me, even with the whole Patreon thing. Obviously, this won't stop Switch emulation entirely, but I'm a little worried about how other emulation developers are gonna take this news, and if other big corporations will see this and feel like maybe they should start throwing some lawsuits around at the people that just want to preserve gaming history.
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WANNFH



Joined: 13 Mar 2011
Posts: 1864
PostPosted: Tue Mar 05, 2024 6:39 am Reply with quote
Raebo101 wrote:
Holy Moly! $2.4 Million Dollars?? I can understand Nintendo wanting to shut down Yuzu, but having the developers pay millions in settlement seems a bit overkill to me, even with the whole Patreon thing.
If you think that 2.4M bucks were that much of a payment, you should remember that in the claim statement, Nintendo blamed Yuzu for losing at least a million copies of TOTK from piracy because the emulation software allowed people to play an early leaked game - so they possibly gonna asked for way more money for damage compensation - if the case even went to the court after all.

But at this point, it's really hard to know how it gonna affect the emulation scene at all - because the settlement was made out of the court, it is not capable of creating any real legal precedent beyond what has already existed since the early '00s.

Nintendo just made a good scarecrow out of Yuzu (whose devs probably chickened out because of other additional stuff that they did outside of just creating the emulator) - but it's not gonna scare all of the crows, if not worse.
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chronos02



Joined: 25 Feb 2009
Posts: 272
PostPosted: Tue Mar 05, 2024 9:15 am Reply with quote
I was surprised at first by the result of this lawsuit, but after digging a little deeper, it makes sense that they decided for settlement, since Yuzu did a few not-so-good things that could have made them lose in court, so this is the lesser evil result.

From what the documents have revealed so far, the Switch decryption keys were linked directly in Yuzu's page, besides the $360,000 yearly income Yuzu's company made (reported as $30,000 Monthly). But this means they made a profit off of piggy backing on Nintendo's IPs, and these two reasons are likely what had them on Nintendo's hit list until they developed a proper strategy to take them down. Betting this is not what Nintendo wanted though, since they were probably looking to create a precedent to hamper emulation in the future, which is the real silver lining here.

Anyway, 3, 2, 1... for a bunch of Yuzu clones using the public repository code popping like mushrooms that Mario will never be able to pluck...

Edited the income data, since I got confused and that gave a very different picture of Yuzu's situation.


Last edited by chronos02 on Tue Mar 05, 2024 10:29 am; edited 1 time in total
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Mune



Joined: 20 May 2004
Posts: 383
Location: Minnesota
PostPosted: Tue Mar 05, 2024 9:15 am Reply with quote
As much as people like to claim that piracy is actually game preservation, Yuzu was caught red handed distributing pirated copies of Tears of the Kingdom before the official release. Not sure how they managed this. Generally, for game preservation, it needs to be at least a generation ago for consoles and no longer supported by the current consoles. Some may even say 2 or more generations to be on the safe side.
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WANNFH



Joined: 13 Mar 2011
Posts: 1864
PostPosted: Tue Mar 05, 2024 9:46 am Reply with quote
chronos02 wrote:
From what the documents have revealed so far, the Switch decryption keys were linked directly in Yuzu's page, besides the $11 million yearly income Yuzu's company made (reported as $30,000 daily), which means the settlement was a definite no brainer for them.
Having the stash with leaked (and presumably not dumped by their own) ROMs is one thing, but getting money from emulation software is a legal thing since the legal precedent that was set up by the Sony vs Connectix case back in the '00s - where Sony lost in the case against an actual commercial emulator company (twice, even - because it also lost with the Bleem - which also was the commercial emulator) - so there is nothing of legal Nintendo team can do against this without an actual court case, which wasn't a thing there.

Also I dunno where you picked that astronomical sum report, because 30k was not a daily income of Yuzu devs - it was a monthly income from their Patreon page, and that does not even count the cuts.
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chronos02



Joined: 25 Feb 2009
Posts: 272
PostPosted: Tue Mar 05, 2024 10:26 am Reply with quote
WANNFH wrote:
Also I dunno where you picked that astronomical sum report, because 30k was not a daily income of Yuzu devs - it was a monthly income from their Patreon page, and that does not even count the cuts.


Nevermind what I said, got confused by some other stuff. It's MONTHLY as you well said, so the 11M is just nope. They would've needed almost 7 years to pay off the 2.4M. It's still a hefty monthly sum gained off piggybacking though, which would be no problem as you well said, but given the ease access they provided tot the keys, as well as other allegations, it's likely that most of that money would not have come their way, and that is likely one of Nintendo's footholds on this case.

Corrected on the previous post too.
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Greed1914



Joined: 28 Oct 2007
Posts: 4671
PostPosted: Tue Mar 05, 2024 10:53 am Reply with quote
Nintendo was more focused on both the money that Tropic Haze was bringing in, and that Yuzu affected sales of new games. Both of those things differentiated it from something that lets you play a game that hasn't seen the light of day in 30 years.

Some of the very recent reporting has said that something you got for Patreon were things like update support for those new games, which, if accurate, sort of flies in the face of their official statement about not intending to promote piracy.
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Minos_Kurumada



Joined: 04 Nov 2015
Posts: 1193
PostPosted: Tue Mar 05, 2024 12:10 pm Reply with quote
Well, the concense in Twitter was that Nintendo had no case, I knew they wouldn't go to court without one.

Looks like I was right because Yuzu would have made a Patreon to pay for the defence and you can bet your pantsu it would have been successful.

What I find really weird is that everybody that tries to "stick it to the man Nintendo" always do it in such a clumsy/greedy/moronic way and then get shut down and happens again and again, people who messes with Sony and Microsoft are way smarter.
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Greed1914



Joined: 28 Oct 2007
Posts: 4671
PostPosted: Tue Mar 05, 2024 3:16 pm Reply with quote
Minos_Kurumada wrote:
Well, the concense in Twitter was that Nintendo had no case, I knew they wouldn't go to court without one.

Looks like I was right because Yuzu would have made a Patreon to pay for the defence and you can bet your pantsu it would have been successful.

What I find really weird is that everybody that tries to "stick it to the man Nintendo" always do it in such a clumsy/greedy/moronic way and then get shut down and happens again and again, people who messes with Sony and Microsoft are way smarter.


Most likely. Apparently, right after the suit was announced, their Patreon had an influx of money beyond what was normal.
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Dr. Wily



Joined: 09 Nov 2007
Posts: 385
PostPosted: Tue Mar 05, 2024 6:44 pm Reply with quote
Raebo101 wrote:
Holy Moly! $2.4 Million Dollars?? I can understand Nintendo wanting to shut down Yuzu, but having the developers pay millions in settlement seems a bit overkill to me, even with the whole Patreon thing. Obviously, this won't stop Switch emulation entirely, but I'm a little worried about how other emulation developers are gonna take this news, and if other big corporations will see this and feel like maybe they should start throwing some lawsuits around at the people that just want to preserve gaming history.


2.4 mil is nothing compared to some of the other stuff Nintendo's done in the past. You should read up on the one dude who's in the hole for 14 mil for modding consoles (which is way less of a gray area than emulators but still, damn). Nintendo takes a real "fudge around, find out" attitude to their stuff, but with "find out" in 100-pt bold print.

Minos_Kurumada wrote:
Well, the concense in Twitter was that Nintendo had no case, I knew they wouldn't go to court without one.


The thing with settlements is that most lawyers will tell you, anything can happen in a courtroom. So while Nintendo might not have had a case, the safe bet for Tropic Haze was to just take the L before it could potentially get so much worse.
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Vanadise



Joined: 06 Apr 2015
Posts: 535
PostPosted: Tue Mar 05, 2024 6:56 pm Reply with quote
At first I thought it was curious that Yuzu settled almost immediately after getting a lawyer, since there have been multiple cases in the past confirming the legality of commercial emulators... but: https://twitter.com/HikikomoriMedia/status/1764894963194597458

Digging into the court documents reveals that Nintendo had an agent in Yuzu's Discord server who reasonably believed the devs had been ripping games prior to release and sharing them with each other, and the settlement likely happened so quickly because the developers did not want to risk going into the discovery phase of a lawsuit, because they would've been screwed.

So, good news, the Yuzu devs messed up hard and brought this on themselves, but this does not set any kind of precedent regarding the legality of emulators.
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Leviathonlx1



Joined: 10 Dec 2018
Posts: 211
PostPosted: Tue Mar 05, 2024 7:29 pm Reply with quote
Minos_Kurumada wrote:
Well, the concense in Twitter was that Nintendo had no case, I knew they wouldn't go to court without one.


Nintendo would have went off the fact that they used leaked ROM's to improve their emulator before ToTK was officially released.
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oilers2007



Joined: 23 Sep 2022
Posts: 130
PostPosted: Tue Mar 05, 2024 7:54 pm Reply with quote
Fluwm wrote:
Well, this sure is... something. I wonder how long it'll take not-Yuzu to resurface under a different name. I know Nintendo can be stubborn, but I really don't see them ever achieving more than a very temporary victory against emulation.


I suppose as long as people don't mind being the scapegoat for a 2 million dollar fine every time.
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Glordit



Joined: 11 Sep 2020
Posts: 692
PostPosted: Wed Mar 06, 2024 3:40 am Reply with quote
Vanadise wrote:
At first I thought it was curious that Yuzu settled almost immediately after getting a lawyer, since there have been multiple cases in the past confirming the legality of commercial emulators... but: https://twitter.com/HikikomoriMedia/status/1764894963194597458

Digging into the court documents reveals that Nintendo had an agent in Yuzu's Discord server who reasonably believed the devs had been ripping games prior to release and sharing them with each other, and the settlement likely happened so quickly because the developers did not want to risk going into the discovery phase of a lawsuit, because they would've been screwed.

So, good news, the Yuzu devs messed up hard and brought this on themselves, but this does not set any kind of precedent regarding the legality of emulators.


It's always funny, how people use Discord, of all the instant messaging programs out there to run their illegal empire from.

Nintendo would not have taken this to court if they were not 1000% certain it would result in a conviction. The settlement is more akin to a "we see you and now this is your chance to stop before we ruin your life" deal.
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