The video game emulator Yuzu circumvents encryption on Nintendo Switch games, making them available on other platforms like personal computers and mobile phones in violation of the Digital Millennium Copyright Act, according to a lawsuit from Nintendo of America Inc.
"NEW: Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo’s software encryption and facilitates piracy.
Seeks damages for alleged violations and a shutdown of the emulator.
Notes 1 million copies of Tears of the Kingdom downloaded prior to game’s release; says Yuzu’s Patreon support doubled during that time. Basically arguing that that is proof that Yuzu’s business model helps piracy flourish."
Yes, so distributing the code necessary to perform the decryption is illegal. That’s why you have to hack an actual switch to get the code necessary to perform the decryption (prod.keys). All Yuzu is doing is running that code through an AES library to get the game and emulating a Switch to play it. You can’t make AES libraries illegal just because they can be used to decrypt copy protection.
It’s the same with DVD decryption. VLC is not illegal because it doesn’t include the codes used to decrypt DVDs. Once you have those codes, VLC can copy a DVD for you.
No, it’s broader than that. Providing a mechanism is enough. Yes, this is functionally making maths illegal, and yes, this is a complaint we’ve had with the dmca for 20 years.
Providing the keys is against dmca, as is Providing the tooling that specifically breaks the rights management. This is just the shitty way Americans made the copyright system.
I don’t know if the two cases are equivalent, DeCSS included all code necessary to decrypt a copy protected DVD.
Yuzu does not include the necessary code to decrypt a Switch game. Users have to either “hack” their own Switch, or pirate the codes. What the users are doing is the illegal part here.
I’m using code in the sense of the word pass codes. Like, encryption codes. The codes you input to an encryption algorithm, along with the cyphertext, to get the plaintext.
But yes, Nintendo and you are saying that distributing Yuzu is illegal because it can only be used to violate the DMCA.
I disagree.
It can also be used in compliance with the DMCA, and nothing it includes are the intellectual property of Nintendo. There are exceptions to the rule about circumventing copy protection, and as long as you use Yuzu with an intent (such as security research) that falls in one of these exceptions, you can use Yuzu legally.
As long as Yuzu is never distributed by its authors with the encryption codes, it shouldn’t be illegal, even according to the DMCA. Otherwise, there would be no way to circumvent copy protection for legal purposes with regard to Switch games.
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Can you point me to the provision you’re talking about?
Yes, so distributing the code necessary to perform the decryption is illegal. That’s why you have to hack an actual switch to get the code necessary to perform the decryption (prod.keys). All Yuzu is doing is running that code through an AES library to get the game and emulating a Switch to play it. You can’t make AES libraries illegal just because they can be used to decrypt copy protection.
It’s the same with DVD decryption. VLC is not illegal because it doesn’t include the codes used to decrypt DVDs. Once you have those codes, VLC can copy a DVD for you.
No, it’s broader than that. Providing a mechanism is enough. Yes, this is functionally making maths illegal, and yes, this is a complaint we’ve had with the dmca for 20 years.
Providing the keys is against dmca, as is Providing the tooling that specifically breaks the rights management. This is just the shitty way Americans made the copyright system.
I disagree that the DMCA makes AES libraries illegal.
Okay, well, that’s your opinion based on nothing, so it doesn’t mean much.
At the very least, read the prior art https://en.wikipedia.org/wiki/Universal_City_Studios%2C_Inc._v._Corley?wprov=sfla1
I don’t know if the two cases are equivalent, DeCSS included all code necessary to decrypt a copy protected DVD.
Yuzu does not include the necessary code to decrypt a Switch game. Users have to either “hack” their own Switch, or pirate the codes. What the users are doing is the illegal part here.
You’re conflating the idea of code and keys. The keys are explicitly illegal as they directly fall under nintendo copyright.
The code is also falling under breach of dmca, as its entire use and focus is to break drm. This is the sticking point here.
Again, to labor the point, it’s nothing about the keys, we don’t need to talk about the keys.
I’m using code in the sense of the word pass codes. Like, encryption codes. The codes you input to an encryption algorithm, along with the cyphertext, to get the plaintext.
But yes, Nintendo and you are saying that distributing Yuzu is illegal because it can only be used to violate the DMCA.
I disagree.
It can also be used in compliance with the DMCA, and nothing it includes are the intellectual property of Nintendo. There are exceptions to the rule about circumventing copy protection, and as long as you use Yuzu with an intent (such as security research) that falls in one of these exceptions, you can use Yuzu legally.
As long as Yuzu is never distributed by its authors with the encryption codes, it shouldn’t be illegal, even according to the DMCA. Otherwise, there would be no way to circumvent copy protection for legal purposes with regard to Switch games.