Nintendo: Difference between revisions
Added some extra context to the history against emulation subsection. Also added basic details and citations regarding the incident with The Big House Online tournament back in 2020; will add a dedicated subsection for that whole incident later. |
Added the main subsection for The Big House Online Tournament (2020). Also edited the bit from the emulation subsection to be a bit clearer and more tonally appropriate. |
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United States Copyright Law, Title 17, Chapter 1, Section 117 effectively states that making a copy of a computer program that you still own the original copy of (e.g., a video game, like Super Smash Bros. Melee) is legal if copying it is necessary in order to use the program with a machine (e.g., the Dolphin emulator) and that it isn't used in any other way, or to archive the program<ref>{{Cite web |date=2010 |title=Chapter 1: Subject Matter and Scope of Copyright, Section 117 |url=https://www.copyright.gov/title17/92chap1.html |url-status=live |access-date=31 May 2025 |website=U.S. Copyright Office}}</ref>. Emulation is also legal in this context, as proven by ''Sony v. Connectix''<ref>{{Cite web |date=31 May 2025 |title=Sony Computer Entertainment v. Connectix Corp. |url=https://casetext.com/case/sony-computer-entertainment-v-connectix-corp-2 |url-status=dead |archive-url=https://web.archive.org/web/20250331104619/https://casetext.com/case/sony-computer-entertainment-v-connectix-corp-2 |archive-date=31 Mar 2025 |access-date=31 May 2025 |website=CaseText}}</ref> and ''Sony v. Bleem''<ref>{{Cite web |date=02 Apr 2023 |title=Sony Computer Entertainment America, Inc. v. Bleem, LLC |url=https://en.wikisource.org/wiki/Sony_Computer_Entertainment_America,_Inc._v._Bleem,_LLC |url-status=live |access-date=31 May 2025 |website=Wikisource}}</ref>. Despite precedent, however, Nintendo is well-known for their extensive history of combating emulation of their games and hardware. | United States Copyright Law, Title 17, Chapter 1, Section 117 effectively states that making a copy of a computer program that you still own the original copy of (e.g., a video game, like Super Smash Bros. Melee) is legal if copying it is necessary in order to use the program with a machine (e.g., the Dolphin emulator) and that it isn't used in any other way, or to archive the program<ref>{{Cite web |date=2010 |title=Chapter 1: Subject Matter and Scope of Copyright, Section 117 |url=https://www.copyright.gov/title17/92chap1.html |url-status=live |access-date=31 May 2025 |website=U.S. Copyright Office}}</ref>. Emulation is also legal in this context, as proven by ''Sony v. Connectix''<ref>{{Cite web |date=31 May 2025 |title=Sony Computer Entertainment v. Connectix Corp. |url=https://casetext.com/case/sony-computer-entertainment-v-connectix-corp-2 |url-status=dead |archive-url=https://web.archive.org/web/20250331104619/https://casetext.com/case/sony-computer-entertainment-v-connectix-corp-2 |archive-date=31 Mar 2025 |access-date=31 May 2025 |website=CaseText}}</ref> and ''Sony v. Bleem''<ref>{{Cite web |date=02 Apr 2023 |title=Sony Computer Entertainment America, Inc. v. Bleem, LLC |url=https://en.wikisource.org/wiki/Sony_Computer_Entertainment_America,_Inc._v._Bleem,_LLC |url-status=live |access-date=31 May 2025 |website=Wikisource}}</ref>. Despite precedent, however, Nintendo is well-known for their extensive history of combating emulation of their games and hardware. | ||
==== Examples: ==== | ====Examples:==== | ||
* In 1999, Nintendo sued Nintendo 64 emulator UltraHLE. <ref>{{Cite web |last=@Hemos |date=12 Feb 1999 |title=Nintendo Confirms It Will Sue UltraHLE Creators 96 |url=https://games.slashdot.org/story/99/02/12/0943207/nintendo-confirms-it-will-sue-ultrahle-creators |url-status=live |access-date=7 May 2025 |website=games.slashdot.org}} </ref> | *In 1999, Nintendo sued Nintendo 64 emulator UltraHLE. <ref>{{Cite web |last=@Hemos |date=12 Feb 1999 |title=Nintendo Confirms It Will Sue UltraHLE Creators 96 |url=https://games.slashdot.org/story/99/02/12/0943207/nintendo-confirms-it-will-sue-ultrahle-creators |url-status=live |access-date=7 May 2025 |website=games.slashdot.org}} </ref> | ||
* On November 19th, 2020, The Big House, a Super Smash Brothers Melee and Ultimate tournament, announced that Nintendo | *On November 19th, 2020, The Big House, a Super Smash Brothers Melee and Ultimate tournament, announced that Nintendo had sent them a cease and desist because of their use of a Super Smash Bros. Melee modification that required the use of a GameCube and Wii emulator known as Dolphin<ref name=":4">{{Cite web |last=Robertson |first=Adi |date=20 Nov 2020 |title=Nintendo shuts down Super Smash Bros. tournament for using mods to play online |url=https://www.theverge.com/2020/11/20/21579392/nintendo-big-house-super-smash-bros-melee-tournament-slippi-cease-desist |url-status=live |access-date=31 May 2025 |website=The Verge}}</ref><ref name=":5">{{Cite web |date=19 Nov 2020 |title=The Big House on X (Twitter) |url= |url-status=live |archive-url=https://web.archive.org/web/20201127080201/https://twitter.com/TheBigHouseSSB/status/1329521081577857036 |archive-date=27 Nov 2020 |access-date=31 May 2025 |website=X (Twitter)}}</ref>. This led them to have to cancel the tournament. ''Full section: The Big House Online Tournament (2020)'' | ||
* In 2024, Nintendo took down the [[Nintendo Switch]] emulator Yuzu.<ref>{{Cite web |last=Ford |first=Joseph |date=11 Apr 2024 |title=Ninten-don’t: Breaking Down the Yuzu Emulator Lawsuit |url=https://www.romanolaw.com/ninten-dont-breaking-down-the-yuzu-emulator-lawsuit/ |url-status=live |access-date=7 May 2025 |website=www.romanolaw.com}} </ref> | *In 2024, Nintendo took down the [[Nintendo Switch]] emulator Yuzu.<ref>{{Cite web |last=Ford |first=Joseph |date=11 Apr 2024 |title=Ninten-don’t: Breaking Down the Yuzu Emulator Lawsuit |url=https://www.romanolaw.com/ninten-dont-breaking-down-the-yuzu-emulator-lawsuit/ |url-status=live |access-date=7 May 2025 |website=www.romanolaw.com}} </ref> | ||
* Nintendo has also pressured for restrictions to access emulators, such as Dolphin's non-inclusion as a core for the [[Steam]] version of RetroArch.<ref>{{Cite web |date=20 Jul 2023 |title=What Happened to Dolphin on Steam? |url=https://it.dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/?cr=it |url-status=live |access-date=7 May 2025 |website=it.dolphin-emu.org}}</ref> | *Nintendo has also pressured for restrictions to access emulators, such as Dolphin's non-inclusion as a core for the [[Steam]] version of RetroArch.<ref>{{Cite web |date=20 Jul 2023 |title=What Happened to Dolphin on Steam? |url=https://it.dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/?cr=it |url-status=live |access-date=7 May 2025 |website=it.dolphin-emu.org}}</ref> | ||
===History against hardware modification=== | ===History against hardware modification=== | ||
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The way the "free repair program" works is that the user will send the defective [[Nintendo Switch Joy-Cons|Joy-Cons]] to Nintendo for "repair," which, in most cases, involves replacing the defective [[Nintendo Switch Joy-Cons|Joy-Cons]] with new ones. The problem arises in cases involving limited edition [[Nintendo Switch Joy-Cons|Joy-Cons]], where you have to sign off on consenting to the possibility of your limited edition or "non-standard colored" [[Nintendo Switch Joy-Cons|Joy-Cons]] being replaced with a standard color [[Nintendo Switch Joy-Cons|Joy-Con]] if they are sent to Nintendo for "repair." This leaves consumers with these limited edition [[Nintendo Switch Joy-Cons|Joy-Cons]] without a guaranteed way to get their products repaired if they use Nintendo's official repair service. | The way the "free repair program" works is that the user will send the defective [[Nintendo Switch Joy-Cons|Joy-Cons]] to Nintendo for "repair," which, in most cases, involves replacing the defective [[Nintendo Switch Joy-Cons|Joy-Cons]] with new ones. The problem arises in cases involving limited edition [[Nintendo Switch Joy-Cons|Joy-Cons]], where you have to sign off on consenting to the possibility of your limited edition or "non-standard colored" [[Nintendo Switch Joy-Cons|Joy-Cons]] being replaced with a standard color [[Nintendo Switch Joy-Cons|Joy-Con]] if they are sent to Nintendo for "repair." This leaves consumers with these limited edition [[Nintendo Switch Joy-Cons|Joy-Cons]] without a guaranteed way to get their products repaired if they use Nintendo's official repair service. | ||
=== The Big House Online Tournament (2020) === | |||
On November 19th, 2020, The Big House, a Super Smash Brothers Melee and Ultimate tournament, announced on X (formerly known as Twitter) that they had received a cease and desist from Nintendo of America, and would be forced to cancel the tournament<ref name=":5" />. Nintendo had told The Big House that they were not allowed to host their online tournament because of their use of a game modification. The modification was Slippi, which runs through a GameCube and Wii emulator called Dolphin to enable online functionality for Super Smash Bros. Melee<ref>{{Cite web |title=About - What is Slippi? |url=https://slippi.gg/about |url-status=live |access-date=31 May 2025 |website=Slippi.gg}}</ref>. | |||
Because of the COVID-19 Pandemic, The Big House tournament was going to be run online primarily for attendees' safety. Melee is a video game from 2001 that does not have built-in online functionality, so it would have been impossible to run an online tournament for it without the use of modifications. A Nintendo of America spokesperson claimed that the cease and desist was issued to "protect [Nintendo's] intellectual property and brands". The spokesperson also stated that allowing the tournament to run would "condone or allow piracy of [Nintendo's] intellectual property". In other words, the spokesperson claimed that using Slippi would have required the use of pirated copies of Melee<ref name=":4" />, despite the fact that professional Melee players typically play legitimate copies of the game on official hardware to practice and compete<!-- Probably obvious to people familiar with most competitive games, but should still have a citation if possible for Melee players using legit hardware and game copies. Planning to add it later, unless someone else beats me to it. -->. | |||
===Nintendo V. Pocketpair=== | ===Nintendo V. Pocketpair=== | ||