I didn't realize developers were still publishing Gamecube and Wii games. Can you share some of the newest games that have been released?
Also, the last original Wii game was Just Dance 2020. Not joking, a Wii game was released 3 years ago.
The Wii was the first console to use digital signatures; which would make it the first console to really invoke DMCA Section 1201 when prior consoles did not. Establishing out the gate that this tramples on 1201 could be extremely important in the future. Section 1201 is also what overrides Bleam and other prior emulator lawsuits - they didn’t have cryptographic keys protected by law flying around.
Because, how long until Yuzu is on the Steam store? And if Nintendo didn’t take action for the Wii (the first one protected under the title), defending against Yuzu is much harder.
> to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner;
Nintendo has no standing.
“The "act" prohibition, set out in section 1201(a)(1), prohibits the act of circumventing a technological measure used by copyright owners to control access to their works ("access controls"). So, for example, this provision makes it unlawful to defeat the encryption system used on DVD movies. This ban on acts of circumvention applies even where the purpose for decrypting the movie would otherwise be legitimate. As a result, it is unlawful to make a digital copy ("rip") of a DVD you own for playback on your video iPod.
The "tools" prohibitions, set out in sections 1201(a)(2) and 1201(b), outlaw the manufacture, sale, distribution, or trafficking of tools and technologies that make circumvention possible. These provisions ban both technologies that defeat access controls, and also technologies that defeat use restrictions imposed by copyright owners, such as copy controls. These provisions prohibit the distribution of "DVD back-up" software, for example.
Section 1201 includes a number of exceptions for certain limited classes of activities, including security testing, reverse engineering of software, encryption research, and law enforcement. These exceptions have been extensively criticized as being too narrow to be of real use to the constituencies who they were intended to assist.“
https://www.eff.org/pages/unintended-consequences-seven-year...
This comes up elsewhere on this Hacker News thread, because Dolphin actually does contain a Nintendo encryption key. Which makes Dolphin almost indistinguishable from, say, a DVD ripper or counterfeit DVD player, which this law was specifically designed to crush.
If you want a further example, look into Apple v Psystar, where Psystar broke Apple’s DMCA 1201 locks to run macOS on unofficial hardware with “interoperability between hardware” being one of their many legal defenses. They were squashed in hearing after hearing and declared bankruptcy after having exhausted all legal options.
Strictly speaking, this is true. It is not unlawful to plug a DVD player into your iPod and play the DVD back digitally though. That's basically what Dolphin is doing - it runs unmodified disc images, copy protection and all. They've even abstained from using code or insights gained from the Wii's source code leak. The emulator should be clean, outside of any legal complaints about "damages".
You're correct to highlight that it's still an ambiguous area, but in a post-Bleem! world it's hard for Nintendo/Microsoft/Sony to find the legal willpower to stop these people. They'll settle for easy wins like harassing Valve's legal staff with scary looking letters instead.
> If you want a further example, look into Apple v Psystar
There's more recent precedent with Corellium. Their commercial product is allowed to create iOS VMs on unofficial hardware. Running their code is considered fair use, the most valid legal claim Apple had for shutting them down was their violation of icon and wallpaper trademarks.
If it can play disc images with copy protection, it de facto requires a way around that copy protection that is unlicensed, slamming it squarely into Section 1201.
> The emulator should be clean, outside of any legal complaints about "damages".
Dolphin contains Nintendo decryption keys; which is actually very likely illegal when the rest of the emulator is not. Recall 09 F9…
A competing emulator developer (for Citra) has also commented on this and said what Dolphin did there was legally dangerous and very much not endorsed by courts.
https://www.reddit.com/r/emulation/comments/13ss1o9/comment/...
> Their commercial product is allowed to create iOS VMs on unofficial hardware.
If you read the ruling, the fair use won because Corellium successfully argued there was no way that their product could impact Apple in any substantial negative way in the general market. They also argued that their products do not perform as substitutes to any products that Apple provides. And lastly, their products offer a unique benefit for a unique, niche, special interest, with vetting and similar procedures to ensure only people with those interests used their software.
If, however, they had done that to make their own smartphones, or a general iOS emulator for playing games on PC, they would have been annihilated. Nintendo easily has a case that emulation causes substantial financial and business harm; and that emulation can serve as a replacement for their products. Courts don’t like that.
Edit (“posting too fast”):
Unlike the GameCube, Wii games are digitally signed and encrypted.
This specific line of code contains the illegal key:
https://github.com/dolphin-emu/dolphin/blob/34527cadcce49a9a...
As the developer of Citra (above) noted, big no-no. The emulator is legally fine, but encryption keys are a no-go. Bleam was OK because keys were not involved. Every case that has involved keys for a non-extremely-specific use (Psystar, RealPlayer, VidAngel) has gone down in flames.
> Dolphin contains Nintendo decryption keys
I don't believe it does. Wii U emulator CEMU requires them to boot, and Citra the 3DS emulator also requires them. The Wii seems to have no copy protection to speak of, besides it's rudimentary disk check/hashing routine. I'd love to be proven wrong on this, though.
> the fair use won because Corellium successfully argued there was no way that their product could impact Apple in any substantial way regarding security research
> Nintendo easily has a case that emulation causes substantial financial and business harm
So did Sony. Bleem even used screenshots of their official, licensed games to advertise their commercial alternative to owning a Playstation, and a judge deemed it lawful: https://scholar.google.co.uk/scholar_case?case=1183722407805...
From the appeal:
> To the extent Bleem merely approximates what the PlayStation games look like, by generating screen shots through a process of degrading a computer image, it is simply creating a simulation. If Bleem insists on generating simulated approximations of Sony's games, there is no need for Bleem to use Sony's copyrighted material whatsoever.
Again - there is still ambiguity in these rulings, especially for modern console emulators. It's easy to scare Steam into taking this down since Valve doesn't want to take the fall for emulators. That being said, a true cease-and-desist scenario for Dolphin is likely unlawful, given the precedent and context.
Edit in response to your edit: Citra's developer is right - this is brazen. But it's also a legal can of worms Nintendo cannot guarantee a win on. Their claim is that it violates the Copyright Act, which they would then have to defend against the DMCA amendments that give explicit protections to many classes of usage. If "the key" is their objection, Nintendo's copyright complaint will be about as effective as the DeCSS moratorium.
The aes keys checked in to their GitHub are linked elsewhere in this comment section.
To me the private key is just a secret blend of bits to make the output bits look exactly the way you'd expect. If Nintendo can't keep their private keys private isn't that their problem? Why does someone else have the responsibility to keep Nintendo's key private if they discover it?
An emulator, meanwhile, only mimics hardware which is considered legal. An example: It is completely legal to implement the DVD specification; but brute-forcing the keys to decrypt DVDs because you don’t have a license is not.
The same applies to AACS, which protects Blu-ray Discs. It’s actually published publicly - you can just go download the spec for that copy protection right now. But getting a legal, unique device key will require contracts.
Stupid? Yes, but that’s where the law is drawn right now.
https://en.wikipedia.org/wiki/Sony_Computer_Entertainment,_I....
Decided in 2000, and the DMCA was signed into law in 1998?
we get public domain in 70 years just like everything else, and i can't think of an argument for any game being more of a public good than works of other types like lolita, the search for animal chin, or paul's boutique.
I don't think Nintendo gets a cut of used game sales; †he first-sale doctrine should still apply.
Nitpick: video games are almost always a work-for-hire, so it's 95 years after publication (or 120 years after creation, in the unusual event that publication gets delayed long enough for this deadline to expire first).
You may already enjoy that creation by paying for it, just like you would for many other cultural items.
Or was it just sarcasm?
This is one of the most important purposes of emulation: it allows for digital archival of otherwise-obsolete hardware and software.
I thought I heard that this is actually a specific brand with chip defects.
Googling found: https://hackmd.io/d12Fq9g-QlCjN2HJp7Yvew
Its mostly the hynix flash chips.
"Protected in any way possible"? Why should copyright holders with money get that benefit, but those without money are screwed?
Anybody who thought that was a good game is now looking for the second and third installments in the trilogy which Nintendo offically said they weren't going to develop (oops). So those are effectively only available on Dolphin/Wii.
Yeah, Nintendo got caught with their pants down (Metroid Prime sold way better than they expected) and are losing future sales for every person who pulls up Dolphin and the next two Metroids.