All that needs to be asked of them is "are you willing to pay the court costs associated with Nintendo taking you to court, and then the millions of dollars to Nintendo if you lose?". If not then they shouldn't even touch it, because Nintendo will come after them.
Nah it's pretty easy to kill litigation before it starts if things step up. If you receive a cease and desist and don't want to fight it, you can shut it down and never look back. If you're served paperwork with a court date, the initial hearings can get the lawsuit thrown out if there are no grounds for a case on intellectual property infringement, one of which is "non-profit". In fact, a lot of people would argue that Yuzu was completely in the right to do what they did despite having a link to their patreon, but at that point the courts might decide either way and litigation costs money.
if there are no grounds for a case on intellectual property infringement, one of which is “non-profit”.
These guys have said right from the get go that they're trying to profit off it though. Whoopsies.
Also the fact that its the exact same code that Yuzu ran, which just settled with nintendo for millions of dollars, is going to influence any future cases.
but at that point the courts might decide either way and litigation costs money.
Yeah so like I said - they have to be prepared to fight nintendo or just shut it down almost immediately.
After consulting with an unnamed "someone with legal experience" (Sharpie would only say "they claimed three years of law school"), the Suyu development team has decided to avoid "any monetization," Sharpie said. The project's GitLab page clearly states that "we do not intend to make money or profit from this project," an important declaration after Nintendo cited Yuzu's profitability a few times in its recent lawsuit.
From the article, they explicitly state they're not trying to profit.
They are still running afowl of the anti circumvention rules in the dmca. Just saying you have to provide your own keys isn't enough.
A switch emulator that wants to be safe from nintendo has to have no capability of circumventing the copyright protection mechanisms nintendo employs.
Look at vlc for inspiration. It can play blurays, it can't circumvent the copyright protection of blurays. But if you provide the keys and the library that decodes the content then it can play them just fine. This keeps vlc safe.
That's assuming the Suyu team is based on the USA, where the DMCA can screw them over. As they're hosting their code on GitLab istead of GitHub, it may hint they got this covered.
It's worth noting that many countries around the world have their own versions of the anti circumvention clause of the dmca.
Just gotta find one that doesn't.
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