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In that case, Linux creators would be liable for not taking any steps within the Linux kernel preventing you from pirating a game on the platform.

threeseed 3y ago
No because the primary use of Linux is not piracy. Whereas for emulation it is. The whole point of emulation is that you want to play content for which the original hardware no longer exists. And so there is no harm being done to anyone. This situation is obviously quite different because Nintendo is being harmed.
- boolemancer 3y ago
  > No because the primary use of Linux is not piracy. Whereas for emulation it is. It's not piracy to play a game that you've backed up on different hardware than the original developers intended.
  - deelowe 3y ago
    My understanding is that it actually is (or at least probably is) illegal to create and play your own backups...
    - boolemancer 3y ago
      Perhaps that's true, but not because it would be piracy. Backing up media for personal has a pretty strong fair use claim, so I don't think it should be considered copyright infringement. But there is also the DMCA, and the anti-circumvention provision, which can be attributed a lot more to the user backing up their game than it can be to the developers of the emulator. But that wouldn't be the same thing as copyright infringement. That said, if the"interoperability exception" applies to anything at all, I feel like it should apply here. You are circumventing copy protection mechanisms for the explicit purpose of interoperability with other software. On moral grounds, I also have absolutely no qualms whatsoever with someone circumventing copy protection mechanisms to make a copy of a thing they bought to use for personal use. The fact that that could be potentially illegal at all is disgusting.
      - smaudet 3y ago
        There are (and should be) exemptions to the DMCA. If only we had a universal way to easily distribute data, without need to heavily license it, instead opting for easily accessible licenses from reputable sources at market prices... (we do, but torrents got a bad name) Netflix was a success not because it was a streaming service with a license fee, but because it provided unfettered access to data for a small fee. Of course, now there are AIs which can or will shortly be able to trivially reproduce most data formats, so that's a separate issue as far as that goes (and that's bad too, if AI spells the complete death of DMCA), but it really didn't need to be this complicated. Make your brand well recognized, make your products easy to obtain, go after the pirates not the users. I own a switch and TBH a lot of my enthusiasm is pretty chilled by Nintendo's dickery - I'm less likely to purchase their products (and I'll elsewhere with non-Nintendo stuff - and Nintendo's stuff is honestly becoming a lot of locked down crap these days).
    - themoonisachees 3y ago
      Depends on jurisdiction. In France and germany, it is totally legal, you are even allowed to acquire a backup through the internet if you so choose.
      - Mindwipe 3y ago
        No it isn't. Where have you got any of those ideas from?
        BlueTemplar 3y ago
        Are you suggesting that VLC is also now illegal across EU, in addition to the US ?? https://wiki.videolan.org/Frequently_Asked_Questions/#Is_libdvdcss_legal.3F https://wiki.videolan.org/Frequently_Asked_Questions/#Is_lib...
        kuschku 3y ago
        Creating a private copy and using it is absolutely legal. Breaching an "effective" copy protection scheme can be illegal, but "effective" is defined through case law, and can range from "DVD DRM isn't effective" to "rolling ciphers on YouTube are effective" depending on court.
      - kimixa 3y ago
        That's all well and good if true, but Patreon is based in the USA, so even if the people behind it aren't (which they presumably are, as the stated "Tropic Haze LLC" is also USA-based), they have to comply with the laws in that jurisdiction.
- Dylan16807 3y ago
  Most of my emulator use hasn't been piracy. And the weak chipset on the switch is a big reason to want to use emulators without piracy. And there's modding too. Your "whole point" is very far from whole.
- devnullbrain 3y ago
  You need to use a less general term than 'emulation' to make that claim. Your OS emulates. The companies that made the chips you run them on emulate their own hardware. The company in the headline emulate their own video game hardware and sell it to their customers.

threeseed 3y ago

No because the primary use of Linux is not piracy. Whereas for emulation it is. The whole point of emulation is that you want to play content for which the original hardware no longer exists. And so there is no harm being done to anyone. This situation is obviously quite different because Nintendo is being harmed.

boolemancer 3y ago
> No because the primary use of Linux is not piracy. Whereas for emulation it is. It's not piracy to play a game that you've backed up on different hardware than the original developers intended.
- deelowe 3y ago
  My understanding is that it actually is (or at least probably is) illegal to create and play your own backups...
  - boolemancer 3y ago
    Perhaps that's true, but not because it would be piracy. Backing up media for personal has a pretty strong fair use claim, so I don't think it should be considered copyright infringement. But there is also the DMCA, and the anti-circumvention provision, which can be attributed a lot more to the user backing up their game than it can be to the developers of the emulator. But that wouldn't be the same thing as copyright infringement. That said, if the"interoperability exception" applies to anything at all, I feel like it should apply here. You are circumventing copy protection mechanisms for the explicit purpose of interoperability with other software. On moral grounds, I also have absolutely no qualms whatsoever with someone circumventing copy protection mechanisms to make a copy of a thing they bought to use for personal use. The fact that that could be potentially illegal at all is disgusting.
    - smaudet 3y ago
      There are (and should be) exemptions to the DMCA. If only we had a universal way to easily distribute data, without need to heavily license it, instead opting for easily accessible licenses from reputable sources at market prices... (we do, but torrents got a bad name) Netflix was a success not because it was a streaming service with a license fee, but because it provided unfettered access to data for a small fee. Of course, now there are AIs which can or will shortly be able to trivially reproduce most data formats, so that's a separate issue as far as that goes (and that's bad too, if AI spells the complete death of DMCA), but it really didn't need to be this complicated. Make your brand well recognized, make your products easy to obtain, go after the pirates not the users. I own a switch and TBH a lot of my enthusiasm is pretty chilled by Nintendo's dickery - I'm less likely to purchase their products (and I'll elsewhere with non-Nintendo stuff - and Nintendo's stuff is honestly becoming a lot of locked down crap these days).
  - themoonisachees 3y ago
    Depends on jurisdiction. In France and germany, it is totally legal, you are even allowed to acquire a backup through the internet if you so choose.
    - Mindwipe 3y ago
      No it isn't. Where have you got any of those ideas from?
      - BlueTemplar 3y ago
        Are you suggesting that VLC is also now illegal across EU, in addition to the US ?? https://wiki.videolan.org/Frequently_Asked_Questions/#Is_libdvdcss_legal.3F https://wiki.videolan.org/Frequently_Asked_Questions/#Is_lib...
      - kuschku 3y ago
        Creating a private copy and using it is absolutely legal. Breaching an "effective" copy protection scheme can be illegal, but "effective" is defined through case law, and can range from "DVD DRM isn't effective" to "rolling ciphers on YouTube are effective" depending on court.
    - kimixa 3y ago
      That's all well and good if true, but Patreon is based in the USA, so even if the people behind it aren't (which they presumably are, as the stated "Tropic Haze LLC" is also USA-based), they have to comply with the laws in that jurisdiction.
Dylan16807 3y ago
Most of my emulator use hasn't been piracy. And the weak chipset on the switch is a big reason to want to use emulators without piracy. And there's modding too. Your "whole point" is very far from whole.
devnullbrain 3y ago
You need to use a less general term than 'emulation' to make that claim. Your OS emulates. The companies that made the chips you run them on emulate their own hardware. The company in the headline emulate their own video game hardware and sell it to their customers.