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Nintendo goes after Switch emulator yuzu in new lawsuit
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IIRC Sony lost their lawsuit which was almost identical to Nintendo's. I'm guessing they are hoping for a far friendlier conservative court.
spoiler
asdfasdfsadfasfasdfNo, it's not.
The case Sony lost also relied on the end user having a blob of Sony's code. A user using their own key and a blob of Nintendo's firmware, which is the official stance of Yuzu on the correct way to do so, is exactly the same thing. There's nothing new to be litigated. Every part of Yuzu is very clearly legal.
The fact that it was used to play a game before official release straight up cannot possibly be relevant. It's a distraction. The project isn't, and isn't capable of being, responsible for anything but its own code.
safasfaf
By existing. (Yes, that's the only argument they made. There is no assertion that anyone associated with Yuzu "cracked" (not necessary) or actively distributed TOTK.)
It's a distraction. It's literally impossible for it to be relevant unless the yuzu project page hosted TOTK files.
asdfsafdfaf
They lost, but killed the dev through attrition.