[HN Gopher] What Happened to Dolphin on Steam?
       ___________________________________________________________________
        
       What Happened to Dolphin on Steam?
        
       Author : panic
       Score  : 228 points
       Date   : 2023-07-20 08:29 UTC (14 hours ago)
        
 (HTM) web link (dolphin-emu.org)
 (TXT) w3m dump (dolphin-emu.org)
        
       | dangus wrote:
       | They should have never tried. They're poking the bear.
       | 
       | Projects like this that are legal but in the crosshairs of
       | massive corporations need to keep things a little bit less
       | mainstream and on the down low so to speak.
       | 
       | A company like Nintendo doesn't have to get laws changed to shut
       | you down. They can bury you in lawsuits and threats.
        
         | postmortembees wrote:
         | [flagged]
        
       | hospitalJail wrote:
       | I admit I have a mental illness in favor of Nintendo,
       | specifically Zelda. I believe it happened in childhood, the
       | relentless marketing/hype around the games growing up, the
       | magazines that promoted it, the guides needed to 100% it, etc...
       | 
       | I hate Zelda today, but I have a compulsion to play all of them.
       | I don't enjoy it, I think the games are borderline bad quality. I
       | must play. According to chatGPT this is likely some FOMO or
       | desperation to achieve nolstaiga.
       | 
       | I have such ill will toward Nintendo that I can't really have a
       | conversation about it. They have extracted so much money from me.
       | 
       | Go emulators. Go team.
        
       | veave wrote:
       | If they are so convinced that the circumvention code (which is
       | illegal according to the DMCA) is not important, the version of
       | Dolphin that they upload to Steam should not have the
       | circumvention code, which would allow users to only play homebrew
       | games.
        
         | dathinab wrote:
         | read article fully not just skim it
        
           | veave wrote:
           | What part do you think I didn't read?
        
             | wildrhythms wrote:
             | The bold text in the article in this section:
             | 
             | >However, we do not think that including the Wii Common Key
             | actually matters - the law could easily be interpreted to
             | say that circumventing a Wii disc's encryption by any means
             | is a violation. As such, it is our interpetation that
             | removing the Wii keys would not change whether the
             | exemption in 17 U.S.C. SS 1201(f) applies to us or not.
             | [...] And to all the armchair lawyers out there, the letter
             | to Valve did not make any claims that we were violating a
             | US copyright by including the Wii Common Key, as a short
             | string of entirely random letters and numbers generated by
             | a machine is not copyrightable under current US copyright
             | law. If that ever changes, the world will be far too busy
             | to think about emulation.
        
               | happymellon wrote:
               | You are talking about keys.
               | 
               | They are talking about the circumvention code completely.
        
               | [deleted]
        
               | jmholla wrote:
               | Their stance is that Dolphin is not primarily designed
               | for circumvention, but is primarily designed for
               | emulation thus the carve out the DMCA has allowing for
               | circumvention applies:
               | 
               | >> ...a person may develop and employ technological means
               | to circumvent a technological measure, or to circumvent
               | protection afforded by a technological measure, in order
               | to enable the identification and analysis under paragraph
               | (1), or for the purpose of enabling interoperability of
               | an independently created computer program with other
               | programs, if such means are necessary to achieve such
               | interoperability, to the extent that doing so does not
               | constitute infringement under this title.
               | 
               | >> 17 U.S.C. SS 1201(f)(2)
               | 
               | Paragraph 1 requires the person using the software have a
               | legally obtained copy:
               | 
               | > Notwithstanding the provisions of sub-section
               | (a)(1)(A), a person who has lawfully obtained the right
               | to use a copy of a computer program may circumvent a
               | technological measure that effectively controls access to
               | a particular portion of that program for the sole purpose
               | of identifying and analyzing those elements of the
               | program that are necessary to achieve interoperability of
               | an independently created computer program with other
               | programs, and that have not previously been readily
               | available to the person engaging in the circumvention, to
               | the extent any such acts of identification and analysis
               | do not constitute infringement under this title.
               | 
               | > 17 U.S.C. SS 1201(f)(1)
               | 
               | which is something Dolphin can be used for.
        
               | ineedasername wrote:
               | They're hinging their view on the word "primary" with
               | respect to functions in the code base: _" Only an
               | incredibly tiny portion of our code is actually related
               | to circumvention"_. That is only one way in which the
               | word "primary" might be applied here, with another being
               | the primary thing users actually do with Dolphin. A
               | glance through sites that have such things shows that
               | available content & downloads aren't homebrew, it's
               | ripped game ROM & disc images.
               | 
               | I'm saying I like this part of the DMCA, or the way
               | Nintendo bullies people around on things like this, but
               | the legal area here is much more gray then the Dolphin
               | folks seem to believe.
        
             | psd1 wrote:
             | If you rtfa, then you'll understand.
        
               | veave wrote:
               | If you think I didn't rtfa because I didn't mention that
               | nintendo asked valve not to list dolphin, you are wrong.
               | 
               | If you rtfa, you'll find that the first part of the email
               | nintendo sent valve said that dolphin circumvents
               | encryption, which is illegal under the DMCA. If dolphin
               | were to strip the circumvention code, then nintendo would
               | have no legal reason to ask valve not to list dolphin,
               | and valve could ignore the request.
        
               | ryanjshaw wrote:
               | Valve is saying they'll only accept Dolphin onto Steam if
               | Dolphin can show Nintendo has authorised it.
               | 
               | Dolphin don't believe Nintendo will authorise the app
               | under any circumstances, key or not, homebrew only or
               | not.
               | 
               | Since Dolphin can't force Valve to put an app on Steam,
               | and neither Valve nor Nintendo will change their
               | positions, the matter is closed.
        
               | Aaargh20318 wrote:
               | > valve said that dolphin circumvents encryption, which
               | is illegal under the DMCA
               | 
               | The article explicitly mentions that the DMCA has an
               | exception for interoperability that they believe applies
               | to Dolphin:
               | 
               | > ...a person may develop and employ technological means
               | to circumvent a technological measure, or to circumvent
               | protection afforded by a technological measure, in order
               | to enable the identification and analysis under paragraph
               | (1), or for the purpose of enabling interoperability of
               | an independently created computer program with other
               | programs, if such means are necessary to achieve such
               | interoperability, to the extent that doing so does not
               | constitute infringement under this title.
        
         | tourmalinetaco wrote:
         | The code isn't illegal for multiple reasons. For one, innocence
         | until proven guilty in a court of law. Can you guess where this
         | hasn't been? Secondly, the DMCA has exceptions for emulation,
         | which they mention in the article itself. I highly suggest you
         | check it out, by the way; it's a good read.
        
       | sam0x17 wrote:
       | Could have been a really good opportunity for Valve to take a
       | stance here. Shame.
        
       | dncornholio wrote:
       | Valve pro-actively contact Nintendo. They pre-emptively took
       | Nintendo's side. Not sure what to think of that. Don't think
       | Valve will ever allow them on their platform.
        
         | kevincox wrote:
         | I don't think I can blame Valve much for this. They aren't so
         | much taking Nintendo's side as trying to avoid shoveling money
         | into a fire. They know Nintendo's reputation for waging
         | expensive and often frivolous lawsuits and don't want to be on
         | the receiving end. So their options are basically 1. put it up
         | then take it down 3 days later when Nintendo sends them some
         | bullshit or 2. ask nicely first in case there is a small chance
         | that Nintendo is feeling nice today.
         | 
         | Sure, it was obvious that 2 wasn't going to work. But maybe it
         | is still better to shut this down before launch rather than 3
         | days later with extra disappointment after lots of work has
         | been done.
         | 
         | We should blame the legal system that Nintendo is using to
         | bully others.
        
       | happymellon wrote:
       | [flagged]
        
         | dathinab wrote:
         | read article
        
           | speedgoose wrote:
           | > Please don't comment on whether someone read an article.
           | "Did you even read the article? It mentions that" can be
           | shortened to "The article mentions that".
           | 
           | https://news.ycombinator.com/newsguidelines.html
        
             | jdiff wrote:
             | It can apparently be even further shortened to "read
             | article."
        
           | happymellon wrote:
           | .
        
             | awestroke wrote:
             | It has nothing to do with legality. Valve has a business
             | interest of removing Dolphin from their store, regardless
             | of any keys.
        
               | [deleted]
        
             | rowanG077 wrote:
             | Then I don't get that you think the key is the issue. This
             | is not a problem whether the keys are legal or not. The
             | article makes very clear that the issue is that Nintendo
             | has to give approval for Dolphin to release on steam. Do
             | you really think Nintendo would give approval if they
             | remove the key?
        
       | UnixSchizoid wrote:
       | As soon as I saw this was put on the steam store I knew it was a
       | matter of time until it was removed. Im surprised that Retro Arch
       | has been on the store this long, probably because it doesn't have
       | any emulator cores for modern systems
        
       | lantry wrote:
       | Did the other commenters even read the article? The article
       | explains that removing the key wouldn't make a difference,
       | because Nintendo is against emulation and Steam is requiring them
       | to get Nintendo's approval. Even if they remove the key Nintendo
       | won't approve, and Steam can block them from the store even if
       | they haven't broken any laws.
        
         | sylware wrote:
         | Various levels of shadow banning is certainly implemented on
         | steam.
         | 
         | This is an edge case which on a worldwide scale is a mess.
         | 
         | For instance in my country, and I guess for most EU (since it
         | was a EU directive), DRMs have a legal protection which is lost
         | upon technical interoperability. This protects on legal grounds
         | the people against digital golden jail/planned obsolescence
         | supplemented with legal locks.
         | 
         | Well, this is what I understood.
        
         | dcow wrote:
         | I've come to the conclusion that people have a really really
         | poor understanding of copyright and the DMCA, which probably
         | stems from a history of normalized abuse by recording industry
         | and motion picture associations. I bet most people don't even
         | know that they're legally allowed to circumvent DRM in order to
         | maintain archival copies of any media they own.
         | 
         | Like people, Nintendo CANNOT restrict your right to obtain and
         | use the Wii common key for any purpose other than you
         | intentionally and solely helping others circumvent copyright
         | law to steal games. It's Nintendo's problem, not yours, if they
         | don't like emulators. It's refreshing to see such a thorough
         | understanding by Dolphin and their lawyers.
        
         | faeranne wrote:
         | Exactly. Steam can, and honestly must, block them. People don't
         | seem to realize that, of most of the large tech companies out
         | there, Nintendo has figured out that they can easily outspend
         | anyone in legal fees, and no one will care. Just look at their
         | financials. Their lawyers make more than their board. They
         | don't care what is legal or not, they can simply sue anything
         | they don't like into oblivion. They don't have to win the suit
         | to make it disappear.
        
           | volkl48 wrote:
           | Valve/Steam is more than large enough to fund any legal
           | fights it wants to have forever.
           | 
           | Understandably, I don't think Valve has any interest in
           | fighting this battle for Dolphin, but they certainly have the
           | money to do it.
        
           | c-hendricks wrote:
           | I hate to bring it up for fears it gets taken down, but how
           | does RetroArch survive on Steam in that case? It doesn't come
           | with them, but you can download cores for Nintendo systems
           | directly from RetroArch.
        
           | rasz wrote:
           | >Nintendo has figured out that they can easily outspend
           | anyone in legal fees
           | 
           | so does Sony, didnt help them one bit https://en.wikipedia.or
           | g/wiki/Sony_Computer_Entertainment,_I....
        
         | DannyBee wrote:
         | Agreed.
         | 
         | A lot of people here seem to think Nintendo would not claim it
         | illegal without the circumvention code or wouldn't write a
         | letter saying that. This is totally wrong and shows a complete
         | lack of historical understanding of Nintendo and their legal
         | threats and lawsuits going back decades. Nintendo has
         | repeatedly sued even when they lose. Nintendo has even sued
         | companies for making unlicensed games. Not homebrew, but
         | commercially successful games.
         | 
         | Others seem to believe valve would suddenly be okay with it
         | without circumvention code. This seems naive at best,
         | delusional at worst. That letter includes a threat to valve on
         | distribution. As above, Nintendo isn't going to say "it's fine
         | now I guess". They would happily sue valve with or without the
         | code. Valve may want to partner with them someday.
         | 
         | Valve may be better than most but it seems very unlikely for
         | them to want to die on this hill. The good will does not seem
         | worth the trouble.
        
           | shagie wrote:
           | > Valve may want to partner with them someday.
           | 
           | https://www.nintendo.com/search/#cat=gme&f=softwarePublisher.
           | ..
           | 
           | Partnerships can go the other way too.
        
           | josephcsible wrote:
           | > Nintendo has repeatedly sued even when they lose.
           | 
           | Why don't we have laws to punish companies like Nintendo for
           | this kind of harassment? What if we had one like "if a
           | copyright lawsuit is found to be frivolous or filed in bad
           | faith, the copyright for all of the plaintiff's works
           | involved in the case is forfeit to the defendant"?
        
             | flutas wrote:
             | We do.
             | 
             | They're called Anti-SLAPP laws[0], but iirc they really
             | only let you stop the current lawsuit.
             | 
             | [0]: https://en.wikipedia.org/wiki/Strategic_lawsuit_agains
             | t_publ...
        
               | DannyBee wrote:
               | SLAPP laws would not help since they are about public
               | participation - like for example, you oppose a permit for
               | someone down the street, and they sue you for doing so.
               | 
               | Or you express an opinion on facebook about a political
               | figure, and they sue you for defamation.
               | 
               | What we are talking about here would not be considered a
               | SLAPP in most states.
        
           | greggsy wrote:
           | > Valve may want to partner with them someday.
           | 
           | This aspect is totally lost on so many people. Even apple
           | partnered with them for games on their own platform.
           | 
           | It's fiscally irresponsible for company directors to close
           | that door in preference over a hobby emulator, while
           | pretending that it isn't intended to infringe on copyright.
        
             | circuit10 wrote:
             | > while pretending that it isn't intended to infringe on
             | copyright
             | 
             | It might be used for that but it isn't intended to by the
             | developers
        
             | Folcon wrote:
             | > It's fiscally irresponsible for company directors to
             | close that door in preference over a hobby emulator, while
             | pretending that it isn't intended to infringe on copyright.
             | 
             | I'm not sure if this applies in Valve's case, as I
             | understand it, Valve is privately owned and held by Gabe
             | Newell and what he says goes, so really the question is
             | does he want to do this or not?
        
               | henriquez wrote:
               | Right, Valve is privately owned so they are free to be
               | fiscally irresponsible, but they aren't. Burning bridges
               | with Nintendo is just bad business.
        
               | me_me_me wrote:
               | Give me a single reason why nintendo would even begin to
               | consider partnering with valve.
               | 
               | Nintendo is famous for its closed and closely controlled
               | ecosystem.
               | 
               | Partnering with apple to release a mobile game is a bad
               | (outlier) example as nintendo has no capabilities to
               | release their own phone.
               | 
               | Why would Nintendo invite/open competition with steam
               | deck? Why would they make it easier to pirate their games
               | and give steam cut on the sales via steam store. All the
               | while nintendo has their own console their own store.
               | 
               | Its like apple allowed android store on iOS. Sure they
               | could do it but why would they?
        
               | easyThrowaway wrote:
               | Nintendo historically has enormous leverage on multiple
               | Japanese publishers and developers.
               | 
               | Speaking for previous experience in the music industry,
               | It wasn't uncommon for some A&R or label to become
               | "persona non grata" for personal or "political" (rocking
               | the boat too much with some untouchable manager or
               | artist) reasons and getting the boot from most if not all
               | big publishers and distributors.
               | 
               | I wouldn't be surprised if something similar was going on
               | in the gaming industry.
        
               | lapetitejort wrote:
               | You could have asked this question about Sega in the 90s.
               | Why would Sega ever consider partnering with Nintendo,
               | Microsoft, and Sony?? And then the Dreamcast tanked and
               | they pivoted to software only. Other platforms were there
               | for them to port all their games. If Sega had done
               | something more boneheaded than "Sega does what
               | Nintendon't" then Nintendo could have told them to pound
               | sand and they wouldn't have a successful platform on
               | which to save their business.
               | 
               | Will Nintendo suffer the same fate? Highly unlikely. The
               | Switch is doing great, the successor will probably do
               | great. But then again, so did the Sega Genesis. There's
               | no need to burn bridges.
        
               | me_me_me wrote:
               | As a counter argument in one sentence you say
               | 
               | > Will Nintendo suffer the same fate? Highly unlikely.
               | 
               | In next you suggest not to discount something "Highly
               | unlikely".
               | 
               | That's basically a Pascal Wager territory.
               | 
               | Building closed off ecosystem is Nintendo's whole
               | business, you making business decisions based on idea
               | Nintendo _might_ upend their whole business is...
               | wasteful?
        
               | Teever wrote:
               | I know it's semantics, But I dont think 'financially
               | irresponsible' is the right semantics to use the context.
               | 
               | Gaben could put a video out tomorrow of him burning piles
               | of Nintendo merchandise and swearing that Steam will
               | never do business with Nintendo and both Gaben and Valve
               | would be fine.
               | 
               | It's hard to conceive of how much money an entity like
               | Valve has and how fast it continues to accumulate.
               | 
               | Steve Jobs was notorious for shit listing companies like
               | AMD or Nvidia and it doesn't seem to have been
               | detrimental to Apple whatsoever.
        
               | wolpoli wrote:
               | > Steve Jobs was notorious for shit listing companies
               | like AMD or Nvidia and it doesn't seem to have been
               | detrimental to Apple whatsoever.
               | 
               | The difference is that Apple has alteratives to AMD CPUs
               | and Nvidia GPUs. Whereas the Nintendo products are
               | unique.
        
         | ethbr0 wrote:
         | I think there's also an implied point that the key _in a
         | substantial codebase_ is more legally defensible than the key
         | _in a codebase that only provides the key_.
         | 
         | In essence, the entirety of Dolphin's functionality provides
         | legal cover for the small amount related to the key, under DMCA
         | exception wording.
         | 
         | Kudos to the Dolphin team.
        
           | henriquez wrote:
           | Other emulators don't include keys but let you enter them in.
           | I get Dolphin's justification for leaving it in though.
        
         | crop_rotation wrote:
         | The article says that they *think* it wouldn't make a
         | difference. I have no position on Dolphin being on Steam but it
         | might have been worth it to try without the key once.
        
           | dathinab wrote:
           | > _think_
           | 
           | after careful considerations and consulting lawyers, and
           | doing that more then one time
           | 
           | > been worth it to try without the key once.
           | 
           | No it would make the situation worse for them, they can
           | publish it _without any WII support at all_. But not just
           | without the key.
           | 
           | Trying it without the key would be like saying "we do know
           | it's illegal" instead of "it's clearly covered by DMCA
           | exceptions and related law".
           | 
           | Removing the key without removing the whole WII functionality
           | *is the one think they must no do no matter what*.
        
             | voxl wrote:
             | In what world is placating a business partner an admission
             | of guilt?
        
               | dathinab wrote:
               | in our in many many ways
               | 
               | but in this case it wouldn't be a legal admission of
               | guild but it would be propagated as such by Nintendo if
               | there ever is a legal case reducing the odds of winning
               | such an hypothetical case
               | 
               | The reason why Dolphin is legal is based on it being
               | mainly a tool for playing old games you own and
               | potentially with mods, accessibility tools and similar.
               | 
               | So for Nintendo to win a case they would need to convince
               | the judge that it's mainly meant for illegal copyright
               | infringement.
               | 
               | Their argument would likely be on the line of the Wii
               | code without the ability to load legal Wii games is
               | useless and having it would be really strange as you
               | could only use it with illegal copies with the copy
               | protection stripped. And stripping it is always illegal
               | to do. So it would be designed for illegal usage. (And
               | rare new games released that way but they would argue it
               | doesn't matter in the grater picture).
               | 
               | I.e. it would be easier for them to win a legal case
               | against Dolphin without it having been an legal
               | admittance of guild.
        
           | rowanG077 wrote:
           | They need approval from Nintendo. It's as easy to ask: "Does
           | Nintendo approve that Dolphin with the builtin Wii encryption
           | key is released on Steam".
        
             | veave wrote:
             | They need approval from Nintendo because they include the
             | circumvention code which is illegal under the DMCA. Whether
             | the key is included or not doesn't change anything because
             | the code itself is illegal as it is. But if they removed
             | the circumvention code, Nintendo wouldn't have any right to
             | ask for the emulator not to be published.
        
               | seba_dos1 wrote:
               | > Nintendo wouldn't have any right to ask for the
               | emulator not to be published
               | 
               | ...which is completely unrelated, since it was Valve who
               | asked Nintendo even though they didn't really have to.
        
               | tourmalinetaco wrote:
               | Nintendo would deny ANY and ALL circumvention, no matter
               | how "illegal" it is (which it isn't, if you'd read the
               | article). Nintendo profits off the deaths of their
               | previous hardware, so of course they will say things are
               | illegal which aren't. I mean they did abuse the DMCA just
               | a few months back against various legal projects.
               | 
               | https://gbatemp.net/threads/nintendo-reportedly-issues-
               | dmca-...
        
               | mrguyorama wrote:
               | It's way more than just profits, look at all the loved
               | games from their past that they continue to not release
               | on digital storefronts or "Nintendo Plus" or whatever
               | they call it now.
               | 
               | Nintendo has an ideological position that essentially the
               | first sale doctrine is wrong and they have privilege over
               | you for things you legally purchased.
        
               | realusername wrote:
               | > Nintendo wouldn't have any right to ask for the
               | emulator not to be published.
               | 
               | They already don't and yet that's what they are doing.
               | 
               | There's a difference between legal and private pressure.
        
               | rowanG077 wrote:
               | The article says a lawyer firm they hired say it's legal.
               | They dedicate a significant portion of the article to it.
               | So I don't understand how you can just it's illegal.
               | 
               | Nintendo doesn't have any right, in the legal sense. That
               | doesn't mean it's smart for Valve to make an enemy of
               | Nintendo. It's obvious Nintendo uses that pressure. Not
               | legal pressure. The DMCA claim is just pretense.
        
               | dathinab wrote:
               | Exactly there is no claim because a claim can be disputed
               | in court.
               | 
               | If Nintendo believes they had a valid claim why only
               | enforce it with Steam but no other places Dolphin is
               | available?
        
               | amiga386 wrote:
               | No. Valve needs them to get approval from Nintendo
               | because Valve is afraid of Nintendo. They are afraid
               | Nintendo might:
               | 
               | 1. Start a lawsuit against Valve rather than Dolphin Team
               | as a SLAPP (Strategic Lawsuit Against Public
               | Participation). Valve could then end up spending millions
               | defending itself from the mad tyrant and the best case is
               | it spent millions to confirm it was doing nothing wrong
               | in the first place.
               | 
               | 2. Tell all their 3rd party publishers to stop publishing
               | on Steam, in order to continue doing business with them,
               | utterly ruining Steam.
               | 
               | In both these cases, it has nothing to do with legality
               | or the DMCA, which Dolphin Team's own lawyers have
               | explained if you'd just read the article. It has to do
               | with a big bully getting angry if it doesn't get what it
               | wants, and is willing to throw its weight around.
        
               | circuit10 wrote:
               | Also Valve has published games on the Nintendo Switch
        
               | Nexxxeh wrote:
               | I had to look up which games they published on Switch, so
               | to save anyone else doing the same:
               | 
               | Portal: Companion Collection (containing Portal and
               | Portal 2) came put last year.
        
               | an-unknown wrote:
               | The interesting question here would be if "Tell all their
               | 3rd party publishers to stop publishing on Steam" would
               | be legally OK or if it would result in a lawsuit against
               | Nintendo because of e.g. anti-competitive behavior.
        
               | mcpackieh wrote:
               | That sort of thing can drag on for years. Why would Valve
               | be eager to get into such a fight, even if they feel
               | certain they would eventually prevail? Valve is a
               | business, not a charity or a public utility. (I think a
               | lot of Steam-fanboy gamers are often confused on this
               | point!)
        
               | trinsic2 wrote:
               | I see that this could go bad for Valve, but the
               | principled side of me thinks this sets a bad precedent
               | for Value and the gaming community at large to be asking
               | for permission from publishers/developers to green light
               | a tool that helps people play games that are no longer
               | able to be played. (if I am understanding this correctly)
               | 
               | Retro games are in jeopardy of being lost forever because
               | publishers/developers actively work against making it
               | possible to preserve game history.
               | 
               | If that doesn't do harm to the common good, I don't know
               | what does.
        
               | easyThrowaway wrote:
               | No, it wouldn't.
               | 
               | Also I doubt they would care about the legality in the
               | slightest. It's not like they would send a press release
               | about it.
               | 
               | It would be an one-time, in-person, strictly private
               | meeting between the respective publishers and executive
               | management. Like the one where they're shown a new
               | console and talk about renewed licensing terms for the
               | platform.
        
               | mrguyorama wrote:
               | Nintendo literally has a history of this. If you did
               | anything to try and get around their extremely
               | restrictive game selling rules in the 80s to sell more
               | games than you were allowed or games that weren't
               | "licensed" or anything like that, Nintendo would just
               | stop sending you any games.
               | 
               | Nintendo is straight up evil. US courts have told them in
               | direct language that they are wrong and emulation is
               | fine, but they don't give a fuck and the US seems against
               | preventing big money entities from harassing people with
               | lawsuits or fixing the goddamn court system to not cost
               | you a million dollars when you are unambiguously in the
               | right.
        
               | dathinab wrote:
               | > code which is illegal under the DMCA.
               | 
               | no that code is most most likely not illegal at all
               | because there are cases, under DMCA, where code like that
               | is fully legal
               | 
               | this is nothing but a ruse of Nintendo threatening Valve
               | to avoid having to do a proper DMCA request/suing as such
               | an action can be disputed in court, an dispute Nintendo
               | is likely to lose
               | 
               | so it's basically Nintendo pressuring Valve to circumvent
               | proper DMCA enforcement procedures in their favor in a
               | sketchy dishonest way which undermines the law (but might
               | happen to not be illegal)
               | 
               | if Nintendo would think it's illegal they would already
               | have used DMCA to take down Dolphin everywhere, instead
               | of using such roundabout ways
        
             | dathinab wrote:
             | no they don't need approval from Nintendo
             | 
             | They need Valve to not block them for Nintendo without
             | legal case based on some excuses (which Valve as store
             | owner is somewhat allowed to do).
             | 
             | And the one thing Nintendo does not want is a legal case,
             | because they know they are most likely going to lose it and
             | then it's likely not just dolphin which would take
             | advantage of the additional legal clarity created by the
             | case.
             | 
             | In the EU I'm not sure there even would be a case because
             | the law being _that_ clear cut in favor of Dolphin.
        
               | red-iron-pine wrote:
               | > And the one thing Nintendo does not want is a legal
               | case, because they know they are most likely going to
               | lose it and then it's likely not just dolphin which would
               | take advantage of the additional legal clarity created by
               | the case.
               | 
               | Bollocks. Nintendo has a reputation for suing the hell
               | out of anyone, often repeatedly, even if they would
               | likely lose. They're rabid about protecting their IP, to
               | the point where they're infamous for it.
               | 
               | Family friendly front-end, but ruthless corporation
               | behind it. They'd absolutely get lawyers and charge in
               | aggressively.
               | 
               | Valve has nothing to gain by putting their money at risk
               | for someone else's emulator; "no dog in this fight".
        
               | dathinab wrote:
               | But in this case if they lose in court they will lose far
               | more then "just" dolphin being on steam.
               | 
               | And with how it's currently they for sure guaranteed
               | won't see dolphin or similar on steam, a sure fire way
               | which might even be cheaper then suing.
               | 
               | Also AFIK in most cases where they sue they either have a
               | good chance of winning or losing will just lose that case
               | and not set a precedence which can cost them dearly.
        
               | mcpackieh wrote:
               | > _But in this case if they lose in court they will lose
               | far more then "just" dolphin being on steam._
               | 
               | The only thing they'd really lose is the money they
               | already spent on lawyers, and they're more than happy to
               | accept that loss. Nintendo will sue in futile situations
               | just to make the other party miserable.
        
               | dathinab wrote:
               | No they set legal precedence that Nintendo device
               | emulators are legally okay (as long as they don't do
               | anything additional etc.). And publicity, too.
               | 
               | If you considers how many people in this chat alone just
               | blindly assumed it's illegal, and that's given a "more
               | tech affine audience of HN, then that is a huge deal.
        
               | rowanG077 wrote:
               | Are you serious here? You think the Dolphin team can
               | meaningfully affect Valve here? That's delusional.
        
               | dathinab wrote:
               | no they can't, and I didn't say so
               | 
               | but it's Valve which is blocking them not Nintendo
               | 
               | and sure Valve might do so on behest of Nintendo but it's
               | still Valves doing so
               | 
               | the idea that Dolphine (or Valve) have to asks Nintendo
               | for anything is just completly absurd and beyond any
               | legal basis
               | 
               | which is why Nintendo doesn't use the proper legal
               | methods here IMHO, because then you can dispute it and
               | they can (probably will) lose
               | 
               | but as long as Valve plays along there is nothing much
               | Dolphin can do, so again it's Valve who first needs to be
               | convinced before then either Nintendo gives up or you
               | have a proper legal dispute with them
               | 
               | anyway like you correctly pointed out there is no way for
               | Dolphin to affect Valve so the is no way for Dolphi on
               | steam
        
               | rowanG077 wrote:
               | Legality is not the issue here. Not everything that is
               | legal can be published on Steam. The people who make it a
               | legal argument after this article are missing the point.
        
               | shagie wrote:
               | (furthering this point) consider the recent Developer
               | claims Steam is rejecting games with AI-generated artwork
               | -- https://news.ycombinator.com/item?id=36522665 /
               | https://news.ycombinator.com/item?id=36520701
               | 
               | AI art isn't illegal, but Steam still has taken a
               | position of not wanting to be the middleman for
               | distribution of such content.
        
               | dathinab wrote:
               | Different situation.
               | 
               | Valve limited there store to "in general not contain
               | products of a certain type (here AI art containing)".
               | 
               | But in case of Dolphin this isn't the case but a explicit
               | ban of dolphine without it braking Valve TOS.
               | 
               | If Valve would but in their TOS that "emulators are
               | generally not allowed" then rejecting Dolphine would be
               | okay and no one would have wirten any blogs or news
               | articles about it, or even tried to put it on steam.
        
               | wtallis wrote:
               | > AI art isn't illegal
               | 
               | All indications are that the dubious legality of ML-
               | generated art is exactly why Valve is not approving those
               | games. Valve isn't taking a moral stance against ML-
               | generated art, they're playing it safe legally by
               | avoiding distributing such games when they cannot ensure
               | the ML models were not trained on unlicensed content and
               | will not spew copyright infringements.
        
               | dathinab wrote:
               | > Legality is not the issue here.
               | 
               | It's is in the sense that through Valve Nintendo
               | effectively circumvented the legal protections targets of
               | DMCA take down notices have.
               | 
               | So while this is not using law it has everything to do
               | with circumventing law.
        
               | ohgodplsno wrote:
               | Go to your local supermarket and start selling things,
               | let's see how long until you get kicked out by security.
               | 
               | If Valve says no, Dolphin doesn't come out on Steam. If
               | Valve says "ask Nintendo", and Nintendo says no, Dolphin
               | doesn't come out on Steam. Dolphin doesn't get a pass to
               | be published everywhere because what they're doing is
               | legal.
        
         | erfgh wrote:
         | Valve already knew that Nintendo is against emulation prior to
         | sending the letter to Nintendo. The important datum here is
         | that Nintendo has legal arguments why Dolphin is illegal
         | software and that's presumably why Valve decided to drop
         | Dolphin.
        
           | easyThrowaway wrote:
           | My guess is that in the past they probably had a nice talk
           | where they pointed out they could pressure various publishers
           | to drop Steam if Valve started adding current-gen emulators.
           | Valve sent a letter and published nintendo's response just to
           | make it very obvious they had their hands tied on the matter.
        
             | LocalH wrote:
             | Dolphin is not a "current-gen emulator"
        
               | easyThrowaway wrote:
               | Yup, sorry - I conflated it with more recent systems due
               | to the recently announced remakes for several Gamecube
               | games.
        
           | sumtechguy wrote:
           | Also maybe Valve just did not want to be the ones to have to
           | fight it in court? Even if they were victorious it takes time
           | from them that they can do other things. Many businesses will
           | settle rather than fight something just because it is more
           | expedient/cheaper not because it is right or wrong.
        
             | red-iron-pine wrote:
             | Absolutely. No dog in this fight. Why risk it? A few months
             | of legal jousting with Nintendo could cost more than any
             | amount of money Dolphin would bring in, and plenty of other
             | Nintendo IPs are sold on Steam. Valve publishes games for
             | Switch, too.
             | 
             | Whole lotta risk for 0 net gain, and possibly steep
             | consequences.
        
           | dathinab wrote:
           | > Nintendo has legal arguments why Dolphin is illegal
           | software
           | 
           | no Nintendo might have enough arguments to make a DACM take
           | down request, but from the POV of many lawyers most likely
           | not enough legal claims to have any chance at winning the
           | dispute in court which would likely follow
           | 
           | this is IMHO why they don't do a claim at all outside of
           | steam
           | 
           | But Nintendo is quite worried about emulation on Steam
           | especially with the Steam Deck. They are obsessed with
           | controlling the games through the hardware and have low end
           | hardware many people would love to replace with something
           | more beefy even if it's not officially supported. So I would
           | be surprised if Nintendo hadn't pressured Valve into an
           | agreement that they would reject and tell them about any
           | Nintendo emulators long before Dolphin tried to go onto
           | steam.
           | 
           | Now due to the lack of DMCA claim and lack of access to steam
           | Dolphin has two choices:
           | 
           | 1. give up on it (for now)
           | 
           | 2. provoke a legal case in one of multiple ways which would
           | legally clarify if they are covered under law or not (which
           | is expensive and while not very likely there is always the
           | risk to lose it). Through if they are unlucky winning doesn't
           | solve the problem as Valve could just add "no nintendo
           | emulators allowed" to their TOS in which case they would have
           | to sue Valve and Nintendo together for unfair market
           | practices.
           | 
           | ... as a non profit project it's pretty clear which option
           | Dolphin can practically take, especially given that you still
           | can put it on a steam deck etc. just with a bit extra steps.
        
           | yjftsjthsd-h wrote:
           | > The important datum here is that Nintendo has legal
           | arguments why Dolphin is illegal software and that's
           | presumably why Valve decided to drop Dolphin.
           | 
           | If Nintendo had _sound_ legal arguments, they would have
           | already won a lawsuit, ergo it is reasonable to assume that
           | they 're just being Nintendo (i.e. loudly screaming that
           | emulation is illegal regardless of the actual law).
        
         | bowsamic wrote:
         | Please follow the rules
         | 
         | > Please don't comment on whether someone read an article. "Did
         | you even read the article? It mentions that" can be shortened
         | to "The article mentions that".
         | 
         | https://news.ycombinator.com/newsguidelines.html
        
       | jrmg wrote:
       | I find it weird that no-one is focusing on the last paragraph of
       | the letter:
       | 
       |  _The technological measures on Nintendo 's consoles and games
       | are essential for Nintendo to protect its intellectual property
       | from piracy. When those measures are circumvented, Nintendo and
       | third-party game developers suffer tremendous harm because, for
       | example, individuals can then use the emulator to play pirated
       | games. Other commercial platforms have recognized these concerns
       | and. as an example. We understand Microsoft recently took various
       | emulators - including Dolphin - off its Xbox Store_
       | 
       | This isn't an argument about interoperation, it's an argument
       | about piracy.
       | 
       | In my experience, though there is a lot of lip-service about
       | 'only playing games you own', the vast majority of emulator users
       | are playing pirated games they don't own. This would be a
       | different argument if it was about literally playing Wii discs
       | directly.
       | 
       | [Personally I believe that the copyright terms in computer
       | software like this are way too long, and much (most?) Wii
       | software is really abandonware at this point, and should be
       | allowed to be distributed - but that's not the law]
        
         | headline wrote:
         | The problem is that Nintendo likes to play victim to piracy,
         | surprising considering how their abandoned titles are kept
         | alive by great folks who are only breathing new life into games
         | that would otherwise be lost to time.
        
           | detuned wrote:
           | An especially egregious fact is that Nintendo uses open
           | source emulators themselves and have re released & sold some
           | older games that are just the emulator bundled with the game,
           | in some cases inheriting emulator-only bugs. The most recent
           | example I can think of is that the most recent Pikmin release
           | includes dolphin and can therefore be played on a PC with no
           | modification.
        
             | tredre3 wrote:
             | > An especially egregious fact is that Nintendo uses open
             | source emulators themselves [...] the most recent Pikmin
             | 
             | That's not true. Pikmin uses Hagi, which is Nintendo's own
             | emulator. Nintendo never used an open-source emulator in a
             | release product.
             | 
             | See this fellow confused guy's thread:
             | https://gbatemp.net/threads/pikmin-1-2-use-dolphin-
             | emulator....
        
               | mrguyorama wrote:
               | Nintendo has absolutely modified open source emulators
               | for certain things
               | 
               | https://www.nintendolife.com/news/2021/05/nintendo_accuse
               | d_o...
               | 
               | There has been accusations that some "in house" emulators
               | are also open source ones with superficial changes
               | 
               | They have also been found to use ROMs dumped by end users
               | and posted on the normal ROM sites for their "play an old
               | game" products.
        
               | ThatPlayer wrote:
               | That article isnt about Nintendo, only a publisher on
               | Nintendo's store.
               | 
               | The rom thing was only the same rom format. How are you
               | going to tell if it's the same dumps or not? Roms are
               | supposed to match 1:1, otherwise verification hashes
               | projects like redump and no-intro wouldn't work.
        
       | bruce343434 wrote:
       | Who cares honestly? Why would I want to launch dolphin through
       | steam in the first place? Just adds bloat. Just install dolphin
       | with your package manager and launch it via your desktop
       | environments built in launcher ("start menu").
        
         | amelius wrote:
         | Because if this Walled Gardening continues, at some point you
         | won't _have_ a desktop system to begin with ...
        
           | pjmlp wrote:
           | We are beyond that with the thin client revival, also know as
           | cloud computing.
        
           | lolinder wrote:
           | So the solution to walled gardening is to put everything you
           | care about in the walled garden? Won't that make people even
           | more dependent on said walled garden, expediting the end of
           | the free desktop?
           | 
           | I'd rather see as many popular apps as possible stay outside
           | the garden. The bigger the user base that still uses user-
           | controlled installation methods, the bigger the outcry if an
           | OS tries to lock down a previously-free platform.
        
         | amiga386 wrote:
         | 1. The Nintendo Wii U has a portable game controller with a
         | screen on it. Wii U games are designed to be played on this.
         | 
         | 2. The Steam Deck is a portable game controller with a screen
         | on it. Wouldn't it be nice to play games designed for this form
         | factor, rather than typical PC games designed for
         | keyboard/mouse, or typical PC/Console games designed for a
         | large screen?
         | 
         | 3. Games/Apps on the Steam Deck are most convenently launched
         | by Steam
         | 
         | 4. Dolphin emulates Wii U games (as well as Wii and GameCube
         | games)
        
           | circuit10 wrote:
           | Dolphin doesn't emulate Wii U games. The Wii U is a
           | completely separate console to the Wii, Cemu is the emulator
           | for that
        
             | pests wrote:
             | > completely separate console
             | 
             | Yet it does emulate GameCube and Wii, completely separate
             | consoles.
        
               | Dwedit wrote:
               | Even the Wii itself will run Gamecube games in Wii mode,
               | see "Nintendont".
        
               | circuit10 wrote:
               | I was going to say that the GameCube and Wii are very
               | similar to the point where the Wii is backwards
               | compatible but I guess that argument would apply to the
               | Wii U too. Either way, Dolphin doesn't emulate the Wii U
        
               | Dwedit wrote:
               | Yeah, Wii-U has extra hardware for backwards
               | compatibility with the Wii. Wii->Gamecube has no extra
               | hardware, just the ability to disable parts that the
               | Gamecube does not have.
        
           | Klonoar wrote:
           | Dolphin does not even remotely touch Wii U games.
        
         | nullify88 wrote:
         | I'm not a user of Dolphin, but an obvious reason is to utilise
         | Steams Big Picture mode as a way to run various emulators. This
         | also opens the possibility of playing over In Home streaming if
         | you have a steam link.
         | 
         | Some setups can be elaborate with Roms listed in Steam / Big
         | Picture with box art, fan art, and various metadata. Software
         | like Steam Rom Manager assist with this.
         | 
         | Considering console emulation is often played with controllers
         | perhaps infront of TV, Steams launcher is probably more
         | suitable for launching emulation than using a keyboard or mouse
         | for a start menu.
        
           | jerf wrote:
           | You can still add non-Steam programs to Steam to use them
           | that way, so this doesn't even prevent that. This just means
           | Valve is not distributing this over their store.
           | 
           | The Steam Deck community already has scripts for installing &
           | adding to Steam emulators for basically everything in one
           | shot, and Steam isn't doing the distribution of any of these.
        
             | nullify88 wrote:
             | Parents comment was only asking why would someone launch
             | dolphin via steam and commented on it being bloat. We
             | weren't talking about distribution because as you pointed
             | out, it has little to do with launching dolphin as a non
             | steam app.
        
         | deelowe wrote:
         | You honestly can't see a difference between installing the emu
         | via steam on the deck versus switching to the desktop os,
         | mucking about with various packages and configs, figuring out
         | how to make the app show up in the steam ui and then switching
         | back to handheld mode?
        
           | Steltek wrote:
           | Without weighing in on the merits, I didn't even look for
           | emulators in Steam for my Deck. I installed ("sideloaded", if
           | you will) EmuDeck in Desktop mode and that was a much nicer
           | experience. Deck-aware controls and unified hotkeys (quit,
           | save/load).
           | 
           | But also, Dolphin was also the only emulator which needed a
           | lot of additional tweaking from the EmuDeck defaults. Wii
           | games have a combinatoric explosion of control schemes
           | (wiimote, sideways wiimote, +nunchuk, +classic controller,
           | +pro gyro thingy, balance board, light gun, etc) and there
           | are really no sensible defaults. Dolphin won't remember
           | layouts per-game, you need to do some launcher gymnastics to
           | make that happen.
        
         | bjord wrote:
         | to me, the most obvious answer seems like that it would make
         | emulation via dolphin more accessible to the average steam deck
         | user
        
         | isthisfoss wrote:
         | Some people like the convenience of a single application that
         | saves your settings and backs your saves up to the cloud
         | instead of many different ones you have to micromanage,
         | especially across different machines
        
           | Joker_vD wrote:
           | Hey, that sounds like a package manager!
        
             | c-hendricks wrote:
             | My package manager doesn't let me stream games to my other
             | devices
             | 
             | My package manager doesn't have a nice controller-support
             | UI
             | 
             | My package manager doesn't let me set up controller
             | mappings
        
               | Joker_vD wrote:
               | Well, that's kinda my unstated serious point in that
               | joking comment: Steam, in a sense, is a package manager
               | but a much better one in many ways so asking to abandon
               | Steam for the system-provided package manager (which may
               | not even exist if we're talking about pre-Store Windows)
               | is quite flippant.
        
               | hoten wrote:
               | It shows a huge disregard for non-technical users. Very
               | just-use-Wireguard (tail scale) or just-ftp-rsync-your-
               | data (Dropbox).
        
             | danhor wrote:
             | My package manager certainly doesn't sync settings and save
             | files between multiple systems. But I'd be interested in
             | one that does!
        
         | Rhedox wrote:
         | Steam Cloud synced save games are nice for people with a Steam
         | Deck.
        
           | jdiff wrote:
           | Plus updates without having to drop into Desktop Mode, and a
           | much more streamlined initial install and setup.
        
         | brucethemoose2 wrote:
         | To many gamers, Dolphin is unknown, and installing it is
         | finicky. It would foster Dolphin adoption, and possibly Steam
         | Deck adoption and a Switch alternative.
        
       | wasabinator wrote:
       | I don't understand how the world seems full of Nintendo
       | apologists. Not in this discussion, I mean across the greater
       | web. They seem to get churned out of the same factory that
       | produces the Apple apologists.
        
         | hbn wrote:
         | I'm not sure I've ever seen someone who's an apologist for
         | Nintendo's constant C&D requests.
         | 
         | If you're talking about their games, then... yeah I mean
         | they're basically the only AAA studio that's put out pretty
         | reliably high quality games for the past 30-40 years. People
         | want to play fun games and Nintendo provides them.
         | 
         | Just like how people like Apple because they make good
         | computers, phones, etc. We don't all make our tech purchases
         | based on protesting the company's usage of US legal system.
        
           | jeroenhd wrote:
           | They're not usually here, but they're on so many other
           | websites. Often parroting the "emulators are illegal"
           | nonsense Nintendo puts out. Whenever Nintendo hits the news,
           | the fanboys seem to be all the comment sections.
        
       | boomboomsubban wrote:
       | What does the /s/ before the signature mean on the document sent
       | by Nintendo?
       | 
       | Searching the internet for it is making me increasingly upset. No
       | I don't mean Xbox s, I put the damn thing in quotes for a reason.
        
         | ineedasername wrote:
         | >I put the damn thing in quotes for a reason
         | 
         | I don't remember when Google stopped honoring the "..."
         | convention but it's very annoying
        
         | wut42 wrote:
         | It signifies a "conformed signature": a legal way to sign an
         | electronic document using a typed signer's name instead of an
         | actual signature.
        
         | Karunamon wrote:
         | https://www.adobe.com/sign/esignature-resources/s-signature....
         | 
         | tldr: a legally binding typed signature.
         | 
         | No, I don't think it makes sense either.
        
           | Macha wrote:
           | I think it makes more sense when you consider how many
           | circumstances in which we do handwritten signatures, yet the
           | recipient of the signature has no intent or method to verify
           | it against your usual signature
        
         | sclarisse wrote:
         | Signature.
        
       | mensetmanusman wrote:
       | Nintendo would have to want to sell games on steam that work with
       | emulators like dolphin. This they are afraid will hurt hardware
       | sales, so it won't happen.
        
       | nfriedly wrote:
       | Nintendo's been a bully for years, so their response doesn't
       | surprise me at all.
       | 
       | But I am disappointed in Valve and their handling of things.
        
         | pjmlp wrote:
         | Despite what the FOSS crowd likes to think, Valve only cares
         | about what brings money to their store front.
         | 
         | Likewise SteamOS isn't some kind of freedom fight, rather not
         | wanting to lose revenue for Microsoft.
        
           | zamalek wrote:
           | But Valve does understand (somewhat uniquely) that doing best
           | by the consumer tends to bring in more money - Gabe often
           | talks about this himself. I guess this is one instance where
           | they think more money could be had another way.
        
             | mrguyorama wrote:
             | And yet they resisted a way to refund games for like a
             | decade until the Australian courts pointed out how illegal
             | that was basically everywhere but the US and they finally
             | conceded.
             | 
             | Valve isn't "pro-consumer", but just "less anti-consumer"
             | because it's a terribly low bar.
             | 
             | They pull in insane money from skins and stupid skin trades
             | on their marketplace and basically invented the gacha
             | mechanics for Team Fortress Hats and crates, including
             | making it free to play to bring in more people for the
             | whales to lord over.
        
         | WhereIsTheTruth wrote:
         | What do you mean?
         | 
         | Why do you think you can't find Goldberg Steam emulator on
         | Steam/Xbox/Playstation/Switch?
         | (https://gitlab.com/Mr_Goldberg/goldberg_emulator)
         | 
         | Hint: it's used to play games without Steam DRM :)
         | 
         | Do you say that Valve's been a bully for years as well for
         | trying to block Goldberg from Steam?
         | 
         | You would do the same if people made it easy to illegally
         | distribute and use your products for free
         | 
         | And Nintendo is forced to do something to protect 3rd party
         | studios/publishers as well
        
         | VeejayRampay wrote:
         | oh yeah, just enforcing their IP, real bullies there
        
           | mrguyorama wrote:
           | They have been explicitly told by US courts like twice that
           | they are in the wrong here and they are not in the legal
           | right to "enforce" their "IP" here because an emulator that
           | was produced through explicitly public knowledge, or even
           | testing against the actual system for correctness is
           | explicitly fair game. This was tested multiple times in the
           | 80s and 90s, and https://en.wikipedia.org/wiki/Bleem! was a
           | pretty clear cut case that showed you can literally sell an
           | emulator you have created for a profit and still be in the
           | clear.
           | 
           | Nintendo's "all emulation is illegal" stance is straight up
           | wrong, they know it's wrong, and they should not be allowed
           | to say such a falsehood in an attempt to exert control over
           | something they legally do not have control of. At this point
           | they should be labeled a vexatious litigant and should not be
           | allowed to even file these kind of cases without express
           | approval from a judge.
        
           | skotobaza wrote:
           | How is any of their IPs in jeopardy? Emulator doesn't contain
           | any firmware code (at least not Dolphin as far as I'm aware).
           | The encryption key is not IP and isn't copyrighted.
        
       | paulcole wrote:
       | > We do not believe this angle would be successful in a US
       | courtroom, if it were ever to come to that
       | 
       | Do they have the war chest to see this through?
        
         | chaorace wrote:
         | A case like this would be a landmark battle in the making, I
         | think. Advocacy groups like the IEEE would most likely be all
         | over this due to the weightly ramifications that would arise
         | from Nintendo setting a new unfavorable legal precedent.
        
         | nfriedly wrote:
         | I'd donate. A win against Nintendo would be good for everyone.
        
       | mberning wrote:
       | It seems odd that Valve would preemptively go and ask Nintendo
       | for their input. Curious if they have done that for other items
       | on Steam. It would seem that if Valve allowed this on their
       | platform and Nintendo became upset about it they could easily
       | point to the fact that the software is easily accessible off
       | Steam and Nintendo has done very little about it.
        
         | jwie wrote:
         | Dolphin on the Steam Deck in an officially supported capacity
         | is likely the concern. That's a strictly better Switch running
         | exclusive Nintendo games.
        
           | lbourdages wrote:
           | Nintendo could start by providing legal ways to rent/purchase
           | their old games and emulation wouldn't be as much of an
           | issue.
        
             | lolinder wrote:
             | They could, but they won't. Nintendo has a history of doing
             | the IP stickler thing rather than the rational, money-
             | making thing. See their approach to YouTube:
             | 
             | https://www.wired.com/story/nintendo-copyright-zelda-mod/
        
               | lbourdages wrote:
               | I really fail to understand how these big Japanese
               | companies work.
               | 
               | It's like Toyota with electric cars, they could have
               | become a leader in EVs as they had the bulk of the hybrid
               | market (and thus experience), but they kept insisting
               | that hydrogen was the way to go despite actual hydrogen
               | car sales being abysmal and EV (read: Tesla) sales
               | exploding.
        
         | jerf wrote:
         | "It seems odd that Valve would preemptively go and ask Nintendo
         | for their input."
         | 
         | Ah, this is one of those cases where you must apply a decoder
         | ring. Valve literally sends to Nintendo "Hey, for no reason
         | whatsoever we're just happening to ask if you've heard that
         | Dolphin is coming out on Steam?" and Nintendo says "Here's why
         | they shouldn't be allowed to do this with some legal
         | reasoning".
         | 
         | But what actually happened was Valve said "Hey, Nintendo, are
         | you going to sue us for any reason if we do this?" and Nintendo
         | said "Yes". Everyone at Valve and Nintendo are fully aware of
         | the underlying conversation.
         | 
         | One of the most amusing things to me about human politics, and
         | I mean of all kinds not just national-scale governmental
         | politics, are those cases where everyone involved understands
         | that what is being said actually means something else entirely,
         | and despite the fact that everyone involved from top to bottom
         | knows what is actually being said, they still act as if there
         | is some public or set of uninformed individuals who need that
         | fig leaf covering over the real conversation. This is one of
         | the simpler and more obvious cases, which makes it good
         | practice for realizing when it's happening in other contexts.
         | It is a super common characteristic of human politics, this
         | constant playing to an audience that may not even exist, and
         | everyone may _know_ does not exist, yet we must still play to
         | them.
         | 
         | And it happens because it works. We'd all be much more up in
         | arms than we are if Valve had indeed nakedly asked Nintendo if
         | they would be sued and Nintendo simply said yes. That's exactly
         | what happened, and yet, the fig leaf works. (And bear in mind I
         | said _more_ upset. You may be upset now, and it may be
         | justified. But we 'd be even _more_ up in arms if the actual
         | conversation had happened rather than the fig leaf
         | conversation.)
        
         | dathinab wrote:
         | > It seems odd that Valve would preemptively go and ask
         | Nintendo for their input.
         | 
         | Indeed a much more natural way would have been to ask Dolphin
         | for a statement of their lawyers why they think it's legal run
         | it then by your lawyers and maybe bill Dolphin for that, too.
         | 
         | Afterward you would have done more then needed wrt. oversight
         | of your platform and can let them fight it out in curt.
         | 
         | It makes me believe that either of:
         | 
         | - Nintendo pressured Valve (or just payed well) into a NDA
         | agreement to give them a heads up for emulator cases (seems
         | reasonable to assume)
         | 
         | - Valve has some undisclosed ongoing cooperation with Nintendo
         | wrt. some future products (unlikely, but there is a surprising
         | overlap and I haven been joking around that both should just
         | Team up for their next handheld hardware and just sell it as a
         | locked-down proprietary OS Nintendo version and a unlocked
         | linux OS Valve version ..., nah probably not)
         | 
         | - Valve is somehow dependent on Nintendo, e.g. patents related
         | to handheld gaming consoles or similar
         | 
         | - the decisions wasn't fully thought thru (also quite likely)
        
         | MikusR wrote:
         | Valve is not your friend it's a for profit company that is also
         | one of the largest Loot Box pushers and NFT sellers.
        
           | ozyschmozy wrote:
           | Can you elaborate on the NFT part? The only results I get
           | when searching for "valve nft" is valve banning nft
           | based/related games from steam.
        
             | MikusR wrote:
             | Steam community market. The only difference is that in
             | stead of blockchain it uses a database.
        
             | EvertBouw wrote:
             | CSGO skins and lootboxes are tradeable digital items, but
             | they are tied to the steam marketplace. If it used a
             | blockchain they'd be NFTs
        
               | chaorace wrote:
               | Yeah and if I lit a match and dropped it in my house it'd
               | be a housefire. Calling skins NFTs is patently false,
               | because they are both _not_ tokens and _not_ non-fungible
               | ( _nametags notwithstanding_ ).
        
               | mcpackieh wrote:
               | It's not the blockchain aspect of NFTs that is
               | particularly offensive and relevant here, it's the
               | creation of a speculation market for the selling of
               | textures/jpgs with artificially imposed scarcity. The
               | only difference between what Valve does and NFTs is an
               | irrelevant implementation detail; Valve uses a
               | centralized database instead of a distributed ledger,
               | which is a much smarter engineering decision but it
               | doesn't change the fundamental nature of what they've
               | created.
        
         | ineedasername wrote:
         | It doesn't seem odd to me, Valve already has a business
         | relationship with Nintendo, publishing games on their console.
         | They checked with their business partner before doing something
         | the partner might not like. Even leaving off the DMCA legal
         | stuff, that seems reasonable, and I don't think the DMCA case
         | is as air tight as the Dolphin folks want to believe.
        
         | dtech wrote:
         | They likely do not want to make an enemy of Nintendo, whether
         | Dolphin is legal is only tangentially related.
        
       | headline wrote:
       | I'd really like to live in the timeline where Valve pushed it
       | anyway and entertained a legal battle against Nintendo to keep
       | emulators on the foreground of gaming.
        
       | jsight wrote:
       | This is why I hate walled gardens.
       | 
       | But for some reason the majority here seem to love them, at least
       | when Apple is the wall builder. :shrug
        
         | dagmx wrote:
         | But there's no walled garden here. You can still get and
         | install Dolphin without Steam.
         | 
         | You can't compel Valve to host something they don't want but
         | that also isn't an impediment to distribution on any platform
         | that Steam is on.
        
           | jsight wrote:
           | Fair point. I was speaking more generally.
           | 
           | I do like steam. It is a walled garden that can be exited
           | whenever one chooses, and exiting is trivial but also
           | requires deliberate action. That's good. :)
        
       | jaimex2 wrote:
       | I hear Epic Store have an appetite for legal fights.
        
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