Steam Release of Nintendo Emulator Dolphin is in jeopardy
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DMCA’s seem to be flying all over at the moment, with Activision taking down various different developers and now possibly Nintendo. If you’ve been following the news about Dolphin, Valve, and Nintendo, you may have come across some incorrect reporting on the legal aspects of the situation. It’s essential to get the facts straight, so here’s a summary of the situation based on information from an individual with personal knowledge and experience about the possible shutdown of this emulator.
Wii & Gamecube emulator shut down through Valve
To begin with, it’s crucial to note that this was not a DMCA takedown notice, despite what some reports may have stated. The DMCA (Digital Millennium Copyright Act) encompasses a set of laws that outline the process for copyright owners to request the removal of infringing content. However, in this case, that specific process was not followed. All the information following is from a thread from Pierre Bourdon who was until recently the Treasurer for the foundation backing the project.
Here’s a breakdown of what transpired to the best of our understanding:
- Valve’s legal team reached out to Nintendo of America to inquire about their opinion on Dolphin.
- Nintendo responded to Valve, expressing their disapproval of the emulator and stating that it violates the DMCA’s anti-circumvention provisions (not the copyright itself). They also requested its removal.
- Valve’s legal team complied with Nintendo’s request, taking down Dolphin from the Steam platform. They forwarded Nintendo’s response to the contact address of the Dolphin Foundation.
This situation falls under standard legal removal and cease-and-desist actions between the two companies. It’s important to highlight that Dolphin, as the shutdown emulator’s developer, was not involved in this process. Valve’s Terms of Service likely give them the authority to remove content at their discretion, without any counter-claim process.
Valve could have chosen to disregard Nintendo’s request with minimal legal repercussions. However, given that they initiated contact in the first place, it’s not surprising that they complied.
As for Dolphin, they likely have no recourse to challenge Valve’s decision or pursue a different outcome. However, they also face no significant risk or liability in this situation.
Regarding Nintendo’s legal claims, it’s challenging to determine who is right or wrong. Legal matters often involve interpretation, leaving room for differing opinions. Dolphin does distribute the Wii AES-128 Common Key, which is used to encrypt Wii game discs. The legality of this action depends on various factors, such as exceptions for interoperability or fair use clauses, and whether Nintendo’s DRM qualifies as an effective copyright protection measure. Ultimately, only a lawsuit could settle these questions definitively.
Taken down or DMCA?
As above, this was not a DCMA takedown but more like a polite request from Nintendo as a slap on the wrist warning to Valve and Dolphin. So, what do we know about all this? The source of this information, Pierre Bourdon, has been involved with Dolphin for over ten years, serving as a core developer, infrastructure maintainer, and foundation board member. They recently handled the administrative work to onboard Dolphin on Steam, even though they have since stepped down.
Is Dolphin at risk? The likelihood of any significant impact on the project’s future seems no different than it has been over the past 15 years. It took Valve directly engaging with Nintendo’s legal team to prompt this takedown. Despite the criticism Nintendo receives, they have generally been supportive of the emulation community. Hopefully, this trend continues.
In a final update, PC Gamer revised their article after consulting an intellectual property (IP) lawyer. The lawyer characterizes Nintendo’s actions as a warning shot, suggesting that releasing Dolphin on Steam would, in Nintendo’s view, violate the DMCA.
Here at WePc, we try our hardest to find you the most up-to-date and correct information possible, that is including this that seems to have spread like wildfire across various other outlets. As the legal situation develops, it remains crucial to rely on accurate information to understand the nuances of this complex issue. Do you think DMCA’s are becoming common? What are your thoughts on emulators and other ways of playing classic games?
