this post was submitted on 28 Feb 2024
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Yeah that’s me. I owned the games on switch first, then later played them on PC because they ran better and I could mod them. But Ninty is arguing that since playing the games requires encryption keys from a legitimate Switch, that the emulator is impossible to play legally. Because they argue that the act of extracting those encryption keys is illegal, so using them to play your own games is also illegal.
Never mind the fact that you already own the console, and therefore own the keys that are stored on the console. But Nintendo basically argues that buying the console and the game only gives you a license to play the game on a legitimate console using the licensed keys, so emulation is a violation of that software license and the DMCA.
It’s a piss poor argument. But with the way the courts are stacked these days, they may actually win. And if they win, the precedent could have horrible implications for any emulation later than the PS2/GameCube generation.