Well well well That’s quite a switch in opinions
Nintendo never said that all emulation is illegal. Nintendo just does not like that their current gen is being emulated and lot of games are easily available on pirate sites for everyone. Otherwise Nintendo would have tried to shutdown emulators for previous systems too. They were especially worried about the Switch 2 being emulated easily with current emulators, as it doesn’t seen too different. I think that’s all to it.
However, there are still a number of ways that emulators can violate the law. For example, the Nintendo Switch has certain “technical restriction measures” that prevent it from playing pirated games. If a Switch emulator seeks to bypass those measures, it opens itself up to legal trouble.
Which law exactly? There are exceptions for making personal backup copies. So its not really court tested law and we don’t know if it violates the law. As the article said, these cases never went to court and we don’t have a decision by law. Nintendo did all of that out of court.
Nintendo went even further than that:
https://tech4gamers.com/nintendo-linking-emulator-trafficking/
And they absolutely have said that emulation is illegal in the past:
https://www.slashgear.com/1572585/are-video-game-emulators-illegal-answer/
On their website, they name emulators in a list of “illegal activities” they want people to snitch on:
To report ROM sites, emulators, Game Copiers, Counterfeit manufacturing, or other illegal activities
Those articles are wrong. Nintendo says Switch emulation is illegal, not all emulation is illegal.
They have always argued that emulating a current system is illegal, which makes no legal sense. Either every kind of emulation is or none.
It makes sense from argumentation standpoint, because Nintendo argues that there are protection mechanisms in the Switch that is illegal to ignore, in emulators. I don’t know if this is true and you don’t know either, because this was not tested in court. Nintendo never ever said that ALL emulation is illegal, which i stated in my initial reply. Otherwise Nintendo would go and take down ALL emulators. Not every kind of emulation is the same.
In example the Dolphin emulator ships with keys extracted from the console. Some say its illegal to distribute these keys, others argue keys are not copyrighted and its not illegal to share, but it was never tested in court either. If Nintendo had a case, they would definitely go against that emulator, as the keys are in the source code in the open public. Nintendo never said that Dolphin or Wii and Gamecube emulation is illegal. Or any other prior console and emulator of Nintendo systems. Nintendo console emulators exist in the public since the 90s.
Its much more nuanced than people are making or understanding. And lot of articles, like the one stated before, are plain and simple wrong and cite without context. And people who don’t understand the situation take this and believe it.
