Tropic Haze LLC responded to the Nintendo summons and they have a lawyer now: https://twitter.com/pc_focus_/status/1763601710314889356

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Quoting: shadownetdev1The stupid thing is that they already have a Mac client. Meaning that they have already done most of the work required to port a native Linux version.

I'm not sure that solves the reliable anti-cheat problem they're having with Wine. Having reliable anti-cheat is likely much easier on macOS than it is on Linux.

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Liam mentioning the People Make Games videos before anyone in the comments can point them out again

I don't think the anti-cheat problem will ever be solved on Linux.

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Quoting: Purple Library Guy

Quoting: Liam Dawe

Quoting: elmapulso... the logo on protonDB was not the logo for proton? lol

No, it seems like ProtonDB just recoloured the React logo. And I just realised, they're not even within the license since they don't give attribution oopsies.

Although the license situation there is weird. It says it's Creative Commons, but above that there's also a note saying it "does not meet the threshold of originality needed for copyright protection, and is therefore in the public domain." In which case you can't really license it, Creative Commons or otherwise, although I suppose you could claim it was.
And that's not really surprising--that basic image has been getting used for atom-type-stuff for decades and decades, by everyone from governments to comic books. IIRC, that was the image Doctor Manhattan refused to use in Watchmen.

Wikipedia's licenses for images and other assets are occasionally way wrong. I won't give the exact example here, but they distribute a PDF for a book they claim is in the public domain because it did not come with a copyright notice (many years before the 1989 amendment). In actuality, the person who scanned it missed the copyright page or removed it themselves. I contacted them personally; they told me their hardcover copy did have the copyright notice.

In the case of the React logo, it's not the copyright you need to watch out for. It's the trademark. I seriously doubt ProtonDB is not infringing on Facebook's trademark over the React logo. But regardless, it seems to be licensed under CC-BY SA 4.0, not a generic CC 1.0 license. Facebook certainly doesn't believe they have no rights to the logo: https://github.com/facebook/react/issues/12570#issuecomment-411130246

I would be careful about trusting Wikipedia as the ultimate authority on what the copyright for an asset is...how can the logo be both a CC license and public domain? The only CC license that's true for is CC-0, but the React logo was never licensed under that.

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I can't be that far from being able to ditch the proprietary drivers at this point...I just want a good Wayland experience.

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Quoting: ElectricPrismNow that I think of the Nintendo v Emulator lawsuit -- how would this effect Proton ???

If successful could Microsoft launch a lawsuit and say WINE is illegal? as it "Circumvents the intended use-case" ???

Honestly Fuck Nintendo for trying to ruin the gaming industry. This is the Unity Fiasco all over again.

Edit: I hope Nintendo gets gutted like SEGA and realized the idiocracy of their ways -- namely that they sell "content", and if people are playing their games in "unwanted ways" they are fucking idiots for __ NOT FUCKING SELLING THEIR CONTENT ON STEAM __

Gabe Newell is Right Again! 'Piracy Is A Service Problem'

Nintendo is having a identity crisis and still thinks they are a "hardware company" -- welcome to the future where hand-held game devices are a dime a dozen, don't let the door hit your ass.

The major way Wine differs from Yuzu is that Wine does not circumvent technological protection measures. Yuzu decrypts Switch games using user-provided prod.keys files. Wine doesn't run afoul of the DMCA as it is currently written.

However, Nintendo seem fully-prepared to argue about the legality of emulation should it get to that stage based on the public filing.

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A summary article from TorrentFreak: https://torrentfreak.com/nintendos-yuzu-lawsuit-aims-to-pour-banana-peels-over-all-emulators-240228/

QuoteDespite Bunnei’s alleged importance, the only defendant listed in the complaint is Tropic Haze LLC and Nintendo provides almost no information about the company, including details of ownership or control, despite claiming that its sole business is to “develop and distribute unlawful circumvention software.”

It necessarily follows that ‘Bunnei’ is not listed as a defendant, Doe or otherwise. In fact, the language used by Nintendo throughout the complaint suggests that it either has no idea of Bunnei’s true identity or may have gone to considerable lengths to give that impression.

What lies behind this, if anything, is unclear, but there’s a strong possibility that sooner or later, pressure to settle will likely enter the equation. Right now, there are no real names in the complaint, but that could be changed in an instant, at least if any are currently known.

TorrentFreak was also curious about what exactly Tropic Haze LLC is. They didn't get any further than me.

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Reminds me of the ReactOS logo.

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Quoting: tmtvlWell, if they break too many settings I'm gonna switch back to Awesome. I don't need double click RSI, and I definitely don't need the 'log out' keyboard shortcut to default to 'shut down'.

If you've already selected Single-Click behavior, it will remain that way. It's only for new installs.

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Trying to find information about Tropic Haze LLC, which Nintendo is suing, proves difficult. Nintendo provides this information in the suit:

QuoteDefendant employs several developers who operate as the company’s agents, including Yuzu’s author and lead developer, Bunnei.

QuoteTropic Haze engages in systematic and continuous activity in the State of Rhode Island and is thus “at home” in this District.

QuoteDefendant Tropic Haze LLC is a Rhode Island limited liability company that develops and distributes the emulator known as “Yuzu.” Defendant maintains a network of paid coders/developers who develop and maintain the software, including compiling and releasing weekly (and sometimes daily) updates to improve the software’s ability to replicate the gameplay experience on Nintendo’s authorized hardware and software. These developers are Defendant’s agents and, on information and belief, are acting within the scope of their agency when committing the acts discussed herein, making Defendant liable for their unlawful conduct.

Now, this is completely unrelated, but linking to other tools that you don't have anything to do with does not qualify as "trafficing in third-party software" or copyright infringement in America. It does in Japan, though.

QuoteAdditionally, Defendant traffics in third-party software that circumvents technological measures on the Nintendo Switch console by linking to that software on Yuzu’s website.

And on the other hand, this is not a good look:

QuoteThis may seem complicated, but in private, Bunnei admits there is a far easier way. When a user raised in a Discord chat operated by Defendant that setting up Yuzu was complicated, Bunnei first said “unfortunately at this time, it’s not as simple as” running a simple script, and there are several “specific manual step[s], hence why to go through the whole process, you need to basically learn what they are.” “Or,” Bunnei added, “users probably just pirate a yuzu folder with everything.”

Regarding circumvention, Nintendo describes how Yuzu works:

QuoteImportantly, an unauthorized Nintendo video game ROM is still an encrypted game file, protected by the Game Encryption. Indeed, Defendant’s lead developer admits as much. When asked in a June 2018 Discord chat whether “xcis”—the file type of game ROM dumps from a cartridge—“come decrypted,” Bunnei responded: “they are encrypted.” Nintendo is not aware of any source of decrypted Nintendo Switch game ROMs.

Yuzu allows users to play unauthorized copies of Nintendo Switch games by circumventing the Game Encryption at or immediately before runtime.

Yuzu unlawfully decrypts the ROM’s Game Encryption by (1) identifying the encrypted Title Key that accompanies the game file and using keys in the prod.keys to decrypt the Title Key, and (2) decrypting the game ROM using the Title Key. Yuzu unlawfully decrypts unauthorized copies of both physical cartridge and Nintendo eShop games, which come in two different file types, using slightly different methods.

But both methods require cryptographic keys from the prod.keys and result in decryption of an encrypted ROM. Then the unauthorized game is able to be played in Yuzu.

Yuzu actually decrypts the game using the prod.keys files the user extracts earlier. This is...murky, legally, at best. Without the keys that need to be provided by the user, it can't decrypt anything. But if it has them, then it circumvents the encryption Nintendo provides.

Nintendo also argues later on that emulation itself leads to loss of revenue, as customers should be required to purchase a copy of the game for each platform:

QuoteAs a clear demonstration of this, certain of Nintendo’s third-party licensees release their games not only on the Nintendo Switch but also on PCs and other platforms. If users wish to lawfully play those games on multiple platforms, they must buy the games separately for each platform.

On the other hand, this passage sends mixed messages:

QuoteOn information and belief, Defendant and its agents were fully aware that the reason membership of the Patreon exploded was that Yuzu was being used for unlawful play of pirated copies of Zelda: TotK . Indeed, Bunnei implemented a ban on discussing Zelda: TotK emulation in Yuzu’s Discord server because so many Yuzu users were trying to seek support emulating it.

Nintendo then argues that Yuzu harmed law-abiding Nintendo customers because it contributed to the propagation of...spoilers:

QuoteThe prevalence of piracy of Zelda: TotK in the days leading up to its release, in large part through emulators such as Yuzu, harmed law-abiding Nintendo customers too. For example, many fans of The Legend of Zelda were forced to avoid social media to prevent seeing spoilers and preserve their surprise and delight for the actual game release, as seen in these fan posts:

Nintendo is not attempting to get Yuzu taken down while the case is ongoing, like Sony did with Bleem! and Connectix's VGS (that is, they aren't seeking a preliminary injunction; only permanent injunction):

QuoteDefendant’s conduct has caused and, unless enjoined by this Court, will continue to cause Nintendo great and irreparable injury for which there is no adequate remedy at law. Pursuant to 17 U.S.C. § 1203(b)(1), Plaintiff is entitled to permanent injunctive relief prohibiting Defendant and its members and agents from engaging in further acts of offering to the public, providing, or otherwise trafficking in Yuzu or other circumvention software.

Incidentally, Nintendo is also accusing Yuzu's developers of pirating as well as dumping games:

QuoteOn information and belief, Defendant’s agents, while acting within the scope of their authority from Defendant, have also downloaded game ROMs online from pirate websites which they have not lawfully purchased.

Nintendo also wants control of the domain name:

QuoteFor entry of an order, pursuant to 17 U.S.C. §§ 502, 1203, 28 U.S.C. § 1651(a), and this Court’s inherent equitable powers, requiring Defendant and its officers, agents, servants, employees, attorneys, and all third parties in active concert or participation with any of them: (a) to surrender and cease to use the domain name YUZU-EMU.ORG, and any variant thereof controlled by Defendant; (b) to immediately transfer the domain name YUZU-EMU.ORG, and any variant thereof controlled by Defendant, to Nintendo’s control;

And that's it. That's everything I thought was notable in the lawsuit, as a non-lawyer and copyright anti-enthusiast.

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