• killingspark@feddit.org
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      1 hour ago

      https://www.polygon.com/24090351/nintendo-2-4-million-yuzu-switch-emulator-settlement-lawsuit/

      I’m gonna hazard a guess and claim that they would go for a copyright infringement claim, as they always do. Again: it does not matter, if they are actually in the right. Even the threat of being sued for something completely made up is still a credible threat if the relative costs are that unevenly matched. Nintendo doesn’t give a shit about what these lawyers cost, even if they lose the lawsuit in the end. The goal isn’t winning the lawsuit. The goal is intimidation, wasting your ressources, time and money. Which they also achive when they lose the lawsuit.

      • thingsiplay@beehaw.org
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        60 minutes ago

        I don’t think that’s right. Nintendo cares about the lawyers cost, because that is huge. Especially the expensive ones Nintendo has, if it goes for a long time. Nintendo wants to settle this, not dragging it in court. Plus Nintendo losing in court would be very bad for them, because that signals others they can fight back. And worse, if they lose, then it becomes 100% legal everyone can point to.

        Therefore Nintendo does that only if they are 100% certain, not just to intimidate like Rockstar does. And the brought up case of Yuzu does not apply here, because that was not just intimidation, that was because the Yuzu developers themselves shared Tears of the Kingdom millionth of times in Discord. And Nintendo collected this evidence against them. Yet, Nintendo did not go to court and wanted to do this with a settlement. Even in this case, Nintendo saves money and does not risk losing the battle.

        • killingspark@feddit.org
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          39 minutes ago

          Therefore Nintendo does that only if they are 100% certain, not just to intimidate like Rockstar does.

          Why would Nintendo be so different from Rockstar? Why would Nintendo not use lawsuits just to intimindate? Rockstar too is a company with many the same interests as Nintendo, and I’m sure their lawyers are not cheap either.

          Yet, Nintendo did not go to court and wanted to do this with a settlement.

          That just proves the point that the threat of a lawsuit is enough to coerce people into submission though. As another example RyujinX e.g. just caved without any struggle.

          And the brought up case of Yuzu does not apply here, because that was not just intimidation, that was because the Yuzu developers themselves shared Tears of the Kingdom millionth of times in Discord.

          This has nothing to do with the legality of their emulator project. Nintendo used their power to extort more concessions from the devs. It also shows how Nintendo isn’t afraid to use the uneven power balance to their advantage.