Nintendo Direct ...Ly Goes After Emulation With Sega and the ESA! But What Comes Next?
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- Опубликовано: 28 сен 2024
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It's Nintendo Direct Day! Metroid Prime 4 is coming, a new Mario and Luigi is coming (Mario & Luigi: Brothership) along with Super Mario Party Jamboree and The Legend of Zelda: Echoes of Wisdom...but let's talk about the Nintendo news which is Nintendo Direct..ly going after emulation of their older games!
This is a follow up video to last months video: Did Nintendo DMCA attack Vimm's Lair? Or were DMCA trolls involved? Lets find out! Because it turns out it WAS Nintendo and their partners that send the metric ton of takedowns to Vimm's Lair and Nintendo's emulation fight continues on...most likely due to iPhone emulation and retro game emulators on iPhone now being a thing! Plus Nintendo sent MORE DMCA takedowns to the Super Smash Bros modding community...and now the ESA and Sega are joining in too? WOW (or the Sega thing is trolling?)
Nintendo Wednesday just issued over eight thousand DMCA takedown requests to GitHub over Nintendo Switch emulation...they just cant be stopped!
Nintendo has killed Yuzu and Citra emulators. Nintendo Switch emulation at least on the Yuzu emulator front is gone and 3DS emulation on Citra went with it! So let's take a look at the Nintendo lawsuit, find out why Yuzu lost and talk about what this means for game emulation moving forward! Because Suzu emulator is here...a new Nintendo Switch emulator that does basically everything DIFFERENT than Yuzu Emulator for Nintendo Switch did. Will it be enough to keep Nintendo's lawyers at bay?
Yes but the Nintendo Switch emulator Suyu threw in the towel anyway due to issues with the Yuzu source code basically leaving Ryujinx as the final standing Nintendo Switch emulation option!
Yesterday news broke that Nintendo is going after the Yuzu Emulator claiming it's illegal and in violation of Nintendo Copyright...which is not suprising because last February I said this was coming and soon! SO let's take a look at Yuzu Emulation, Nintendo Switch emulation and whether or not Nintendo has a legal case to stand on! Because Nintendo is trying to say Yuzu circumvents certain technologies and Nintendo wants Yuzu shut down by the courts! No Surprise...it is Nintendo after all! Nintendo news except NOT positive!
and before this : One year ago I did a video on Nintendo going after Valve and Steam in regards to the Dolphin Emulator and retro gaming emulation in general...and in that video I told you Nintendo was going to end up going hard against video game emulation! Some people didn't believe me...so let's look at the newly updated Nintendo Game Content Guidelines! oh and the competitive Smash Bros Tournament Guidelines are insane too...but that isn't what this is about!
Pivot time! Normally you would be watching a random fun Friday video this morning...but we have bigger fish to fry. Because we are going to be talking about video game emulation, its legal status and how Nintendo is currently threatening basically everyone who ever made a video on a Nintendo game ever with their new Nintendo Game Content Guidelines!
I asked, you answered...and I try to listen :) Of all the requests for new content on the channel one of the most frequently asked for videos is a series on the Steam Deck.
About eight months ago I did a part 1 video on whether video game emulation / emulation setup guides were legal and I mentioned I thought Nintendo would challenge this moving forward...and they did by removing the Dolphin emulator from Steam. Thankfully I have a long background in copyright and intellectual property law, have taught it to college students and have used this knowledge in many aspects of my working life as a filmmaker and professional athlete manager.
Questions? Comments? Just leave them below and I will do my best to answer each and every one of them!
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#retrogaming #steamdeck #emulator #emulation #retrogames #legaladvice #retrogaming #retrogamer 
Игры
China is never gonna stop shipping bootleg emulation systems with thousands of games, and I doubt they're gonna shut down every torrent in existence. Good luck I guess
This is v true
Facts also we got dark web too 😂😂
Here's hoping that Nintendo doesn't stop me from Romancing my CDs.
I heard the spindle hole is plenty big for you
Amén to that!!! 🙏
Only if there was a website that archived everything 🤔
@armedready1 they may not be safe in the end either
It's just sad to me because all these companies could make a ton of money releasing these games emulated properly on multiple platforms and just have ad space in the menus for videogame advertising. They are essentially just throwing free revenue away every single second of every single day.
Don't know what kind of genius marketers they have at these companies but I can guarantee you that it would bring so many people in and would dissolve their projected losses.
It's like they don't understand who they are marketing to.
It’s confusing. They don’t give people what they want then they act surprised when they go and get it for themselves
and more they Fight more people find about Emulation
@@davidpalmer5967 Yep and more people stock piling roms.
they wan(to make) people to buy their new products, because at the end of the day they cant make money after the first sale, EXCEPT with micro transactions... which old games just wouldn't allow them to do. they dont like local game shops or gamestop even selling their games so they started creating online keys for most games, whice are all but dead. unless you invest in the dwindling population of old copies and consoles on the "black market", you're basically screwed.
Hey Nintendo, if you're reading this: try making an FPGA console and letting us buy your classic games for it for a reasonable price. You'll be surprised.
They’d never do something that cool
@@VideoGameEsoterica the industry bigwigs as a whole consider old games to be competition to their new games. At least that's what someone from the ESA said in an interview I saw a while back. Seriously, they think no one would buy, for instance, a new Spiderman game if the one for PSX was easily accessible. I'd love to see them explain how the film and music industries are so different, considering that they consistently make billions on their back catalogs 🙄
@prufrockrenegade absolute nonsense. Old works have never hindered any creative industry
These companies should just sell us the ROMs so people don't feel the need to pirate them. The music industry had to learn this lesson the hard way with MP3s but eventually lucked out with the advent of streaming. Sadly, the game industry is making the same mistake, and people would rather own games than own music TBH. I get that Nintendo at least makes their stuff available through Nintendo Switch Online, but many other publishers have nothing like that to offer consumers and you own nothing anyway on Nintendo Switch Online.
All they gotta do is “Netflix for Nintendo”. $20 a month. All games from NES to GameCube. Remove the NEED for people going to emulation. Plenty of people Would love that
The bottom kinda fell out of the music industry in a lot of ways once unlimited streaming started, so it wasn't all good. But you're right that trying to push backwards instead of forwards isn't helping either.
I’m grateful that there are other rom sites that have a large catalog
That play on the video title!
I had to have some fun today 🤣
This debacle started with emulators showing up in the apple store, people can't just keep their mouths shut, you can see it in this very same comment section...
Gatekeeping exists for a reason...
iPhone allowing emulators def pushed this to the forefront
Look what they did to our boy Vimm!
Always follow the money. If there are 1+bn users that may benefit from emulation on ISO, then they may also find that they will spend more time doing this than by purchasing new content, which would explain Sega's new interest, as a software only company now.
The status of emulation is not going anywhere because there are so many reasons why Nintendo has shown little to no interest in protecting it's no longer profitable IP content. Even Microsoft openly confirmed on their own website that emulation is legal.
Had there not been so much attention and demonstration of Switch Emulation, for which all of the more recognised 'reviewers' are guilty of promoting, despite citing things such as 'reasons' for showing such things as a blurred screen when demonstrating such emulation (yes I'm talking about a prime reviewer in this instance) then I don't believe that we would be here because Nintendo did stir way before any IOS emulation was in place. But then the stir moved back to the long default position of motionless for a good while.
So in one way some of it is now an annoyance but in others, just protecting the misuse of IP. Anybody that has ever modified a game or added characters protected by copyright, then they were always and knowingly breaking laws. The fact that many got away with it for so long is because of the inaction of Nintendo and others, making such practices and content standard practice. Nobody actually guilty of copyright infringement can actually complain right now.
But in spite of this, those very laws don't prevent Nintendo and others from stepping in at any point to enforce their rights under law. Only a direct challenge in a court, instigated by those with significantly smaller financial pockets to define these new practices as being legal will change this situation (I can't see Nintendo taking a chance on bring it to light themselves). But Nintendo know that no small business is big enough to take them on.
However, as we have seen quite a lot recently, there is one huge entity that is not afraid to take tech industries on and force real change, the European Union. And yet, how many people are lobbying the embers of this entity to allow them to use their considerably larger pockets to make more change in favour of the end user based upon historic inaction. I suspect that I could count the number of people on the fingers of my nose.
Then of course, there is the one sure fire way to get any corporation's interests, by not purchasing their products and force change. This is pie in the sky though because the moment that the next new shiny thing is presented, wallets and purses are readily opened because the greed and selfishness works both ways.
I'll bet that the ESA will have received rather significant 'donations' by some corporations to head the charge. With what will be spinned as an independent entity, they will likely have more clout in the US halls of congress, where virtually any of the politicians that take corporate pac money can be legally bribed (as made possible by their supreme court, back in I think as early as 1974) in the form of what is regarded as campaign donations.
If Nintendo and Co were to give a sizeable donation to AIPAC right now, they will have all the necessary politicians willing to pass some legislation they want, wholly in their favour to make it easier to clamp down on things.
Trump loves to make claims about challenging China, so he would love the idea of helping Nintendo to make strides in that one nation, perhaps responsible for 90%+ of mass game distribution. A visit to Mar-a-Lago with a nice campaign contributions might help sew some seeds on possible changes from 2025, if the elections go Trumps way.
I'm sure that Doug Bowser, president of Nintendo of America will be having his staff monitor all the discussions on RUclips and elsewhere to gain thoughts and ideas.
It’s funny how the EU has become the champion in all this
Was I the only one who noticed that there was No Intro on this video?
There’s no intro on these. That’s MiSTer
Unlike a lot of people watching, who I would guess most definitely have No Intro on their MiSTer...
Nintendo won't be Happy until the Kill the Roms and Emulation Scene
That’s def their end goal
They can’t. Roms are always a thing that can’t be eliminated.
Def can’t make them disappear
@@VideoGameEsoterica thank god! We can still win this! Nintendo is an evil corporation that can’t win against us disgruntled gamers like me and I am autistic by the way!
It's all because they're going into compilations
They want to release the same game a dozen times so casual fans won’t even go near emulation
Poorly emulated roms compliations.
@@kathleendelcourt8136 Some are bad for sure.
Yes they seem to do the worst emulation
On all of this I had an amazing deal yesterday watching a pawn shop that's generally 1,000% overpriced and they had 65 Nintendo DS games some not so great but a lot of bangers picked everyone up for five bucks. I will be adding water collection to my DS
Good haul!
The freackin' normies ruin everything
In this instance it didn’t help
The internet archive are pooping in their pants
I’m sure they are following all this
Look. Download everything you think you want now.
3:23 - “ I know you and I have been emulating games for decades “
Woah slow down, some of us aren’t even 30 yet. I don’t need to be reminded how old we’re getting
Hahaha sorry
Publishers have the right to protect their flagship IPs. The problem ends up being not re-releasing those IPs and community projects (ie emulation, decompilation etc) end up making superior 3rd party experiences. It doesn't feel like many 1st party developers actually know how to meaningfully remaster old games hence remakes. It all plays into that, "If buying isn't owning," adage that people often share.
People have the right to download roms and emulators. :-)
They want you to buy it over and over again without doing anything to improve it
Def on the emulator front
The cost of living is going up. They're killing our childhood so that they can sell it to someone else. In a circle-of-life way, it's oddly poetic, but at the same time... games are stories and deserve to have meaningful libraries so that everyone, past and present can enjoy them.
they have a legal right, but not a moral one. morally, these specific games should be past protection. small businesses and non-wealthy individual authors don't benefit from this length of protection. the only groups it significantly protects is those enriched enough from their creations that they can afford to capitalize on such a long tail. it commodifies our cultural heritage, which is easily as much created by us, the culture, as it is by the people and companies who made the art to begin with. an expedient public domain enriches our culture, and we need to claw it back.
Thank goodness I have a bunch of these roms on hdd
We def all do
They should've go after sites like N*brew but oh well.
🤷🏻♂️
why would it be AI picking or finding games or issuing takedowns? it could just as easily be an intern
Initial batch had a lot of errors that were AI generated from what I’ve heard and seen
In the first wave of DMCA Strikes, The AI asked to take down a Japanese version of a "Drawn to Life" game that had "Marionette" in the title simply because "Marionette" has the word "Mario" in it. There's no way an intern looked at the "Drawn to Life - Kamisama no Marionette (Japan).nds" listing and thought "Hey that's one of Nintendo's Mario games"
@EnigmaBarry yes it all seems very automated
Weird. Seems more expensive and less effective than getting some kid in high school (or college) to do it. But whatever. Guess they have to use their budget to justify their budget.
The root of why I commented to begin with: As a developer, I'm quite annoyed by any and all programs or searches or scripts being called "AI" these days, whether or not it was partly done by humans, let alone whether any trained weighting models are involved. But I guess "black box what done automated all the work" is AI to the public now, so I better get used to it.
Turns out I have 20 years pro experience in AI. Who knew! Not me :D
the future will get darker and darker until emulation is dead
never. emulation is thriving, it's never been better.
@@beefquiche it's surprising 2024 emulation is on strike ?
@@phoenixmixgaming4625
these morons can only block the low-hanging fruit (ROM websites). But these ROMs are thriving via torrents and P2P file sharing.
N just wanna stop mainstream normies from accessing their ROMs the easy way. But for we enthusiasts things are still gravy...
*Downloading intensifies*
I thought of that morh gif when reading this
They wont win this. for every site they take down, others will appear. as long as the file isn't hosted from your own server and goes through an uploading service, they cant touch you legally. All this is doing is squandering what little good will nintendo had left with its fans.
That and making it harder for newcomers
@@VideoGameEsoterica A few google searches can find places, like Romhustler or like you said, archive. And there are a lot of people in gaming communities who have whole library collections
I love the title 🤣
Haha I’m glad some people are getting the joke
FIRST!
First to Nintendo fest
SECOND
Third
Rom SHop. Lets end this stupidness. Valve/GOG Buy all the Orphaned Roms!
I mean Nintendo got rid of Emuparadise, they got rid of The Iso Zone, & now they're going after Vimm's Lair. If Vimm's Lair do get shutdown, we're gonna have another Rom Website that is just as good as those 3. by the way.
THIRD. 😆
Lol hid the third
Emuparadise lives on the downloads moved to Forums so...
Shhhh lol
@@VideoGameEsoterica I'm not giving away all my secret sources 🙃 I'm definitely not thinking about buying 8-15tb hard drives and backing up everything I have and scattering them around the globe.....
@@VideoGameEsoterica Lol sorry bro
“ what comes next “ ? Well when tiktokers reveal another websites with roms 🤦🏻♀️
Haha not much you can do about that
@@VideoGameEsotericatik tok should be taken down. But brain dead people gonna keep using the China farming brainrot platform
This is absolutely ridiculous. Luckly, i have alot of nintendo games backed up on other devices, But this still has me really worried about game preservation going forward. I guess ill backup as many roms as i can for now.
It’s getting ridiculous for sure. They also DMCA’s sheet music today
Archive everything !!!!
Literally. Dot org 🤣
@@VideoGameEsoterica LMAO 🤣🤣🤣 exactly 💯 kek
@@VideoGameEsoterica🤫 Nintendo might be ear wigging.
If the company's just release the popular games, and not keep putting out those filler spinoffs just to get more money out of the consumers than we wouldn't be focusing on emulation
Seriously. But they just don’t
With old games coming through emulation, I’d saddle up and archive what you can.
Giddy up
Time to triple back up my archives. :P
This is so stupid. I actually buy re-releases of Nintendo games all the time just for the convenience reasons, and even buy them for kids and friends. So just take something like Super Mario World. I've probably paid Nintendo directly for this game 25 times over. But they can try and pull my ROM files from my cold dead hands.
Probably should build a few backup MiSTers, and put them in a safe too. :P
Good video!
MiSTer in a safe deposit box haha
i believe the internet archive still has complete collections. And if they do, everybody who enjoys emulation and has a brain should go get em while its hot :P
Shh. Don’t let Nintendo know that
I think I have all that I need except for the complete Sega Saturn library. They download fine from the archive place but I'll always get some sort of error when unzipping...
If the error is at the end of unzipping with extra data beyond that’s normal
For many games there's no reasonable choice other than grey-area emulation and piracy, simply because many of those older games depend on multiple licenses (which need to be paid for and renewed) too be commercially sold and companies just aren't willing to go through that trouble nor pay the money.
For example, realistically speaking, none of us will ever see Need for Speed Underground 2 or Def Jam officially and legally on sale ever again -- and we just have to deal with it. The only solution is either acquiring it second hand or emulation. Second hand market however is a first world luxury of the upper middle class ("collectors") as those games get more and more expensive as time goes on, and their supply runs thinner and thinner (hardware and physical media gets damaged with the natural passage of time, and collectors aren't willing to let go and sell their collections -- making the price go up exponentially). Ergo, again, the only realistic solution is emulation. Also, let us not forget we're not doing any "higher moral good" in being good boy scouts and simply refusing to emulate, as the devs are never getting any of the money, and most of them in fact support emulation and emulate games in their own homes. Many of them started their careers by cracking open illegally obtained roms and experimenting with them.
I know collectors and some "purists" will hate reading this, but it's the truth. We cannot posit honest hope in having some of these games commercially resuscitated -- with associated brands and OSTs intact -- because that is just not going to happen. The solution is to grow a pair, navigate against the currents of copyright and *emulate*. All the while promote emulation and older games among people who might be interested. Also, I should add I personally find it both pointless and kind of immoral to say kids should not have access to emulators and roms due to some pompous moralist or purist reason.
What's more, I do not agree with the argument that because iOS got emulators now billions of people were exposed to emulation. These days everyone has internet, and whoever is even remotely interested in, say, Super Mario, will have seen a couple of videos on RUclips about the games, and learned of emulators. There's this idea "normies" (in this specific context: "people who aren't openly vocal about gaming & tech IRL") are mostly tech illiterate and complete automatons who cannot put 2 and 2 together, but that is just not the case. Anyone who will want to play old platformers for nostalgia sake can and will find roms and emulators in 10m. I know plenty of examples IRL of super "casual normies" who do just that, and google didn't stop them. Sure, they will not be into setting up retroarch manually, nor into advanced CRT shaders -- and heck, many still use ZNES lol -- but if they reminisce about that one Spyro game, you can rest assured they'll get duckstation and the game's ISO into their office laptop, just for nostalgia fueled casual playthroughs
Yes licensing is always a nightmare sadly. Keeps a lot of fun behind lock and key
@@VideoGameEsoterica regardless how you feel, a game like Def jam has so many people involved, the artist(rappers) deserve to be compensated.
I’d have more sympathy if someone hadn’t made a Switch emulator with TotK getting a rom shortly after release. Then you have Steam Deck users bragging they can play Nintendo games without their consoles and it’s like yeah, the emulation crowd asked for the hammer.
They didn’t do themselves any favors
Shame really , I personally don't see the problem with playing old ganes from defunct systems. Nintendo are a bunch of poohead spoilsports . 😂
Poohead lol
Big doody poo poo heads
It's possible they've seen the boom in 'retro game' sales and plan to release the games somehow to profit again from them. When they weren't profitable they didn't care so much, but now people are selling this old stuff for high prices. Nintendo in its insatiable greed have been trying to peddle their old games via online subscription on Switch (and Sega games too) and even tried to sell old N64 controllers to play the N64 library. They could have just put the old games in the library free for Switch users, but why when you can suck some more blood?
No company likes giving things away for free that’s for sure
What other websites are you guys using to download digital copies of the games you already own? 😏
Shhhh
All Nintendo (and Sega, and others) need to do is frickin' sell the ROMs themselves. Regular people will not look for ways to pirate ROMs if the ROMs are sold legitimately. I don't want to pirate ROMs, I want to play the games I want when I want. If Nintendo allowed that, I would give them money, but they don't. This is a very simple problem with a very simple solution, but they can't see it because they're angry.
It’s such an odd business model. Nintendo sees the demand for the games. And they do nothing to satisfy it
you sound entitled.
The exception to the rule will anyone miss sonic shuffle
Haha it’s not a huge loss but a loss is a loss
Both Mega Man and Castlevania are on Steam. It's just a shame Sega delisted those Sonic games on Steam to push Sonic Origins. If Nintendo and others were to take the approach of selling emulator friendly versions of these games on Steam and GOG, I think a good chunk of piracy would be resolved with people just being able to buy the games legally and slapping them on their phones, thus proving them with an excellent business opportunity. I'd also suggest seeing if some scrapped prototypes and things they don't think would be profitable could be released into the public domain if they don't want to sell them as that would also help reduce piracy. As for emulation on the iphone, it's not practical yet. The file system isn't easy to access as far as I can tell unless there's some setting on an ipad that I don't know about that would make it easier to browse on my PC.
People want easy access to legacy games for good prices. If Nintendo did that then we’d buy them
@@VideoGameEsoterica It's not just Nintendo's games. I'd like to be able to buy cheap digital versions of Go! Go! Hypergrind and Crusader of Centy from Atlus, Shantae from Wayforward, the Sly Cooper and Ratchet and Clank series series from Sony on Steam and GOG. Preferably in emulator friendly format and without shady DRM such as Denuvo and Enigma.
The hard part is some of those are probably tied up in rights issues. Becomes a minefield for third party older games
@@VideoGameEsoterica I hear you. It can be tricky with things such as Totally Spies for GBA, Mighty Morphin Power Rangers: The Movie for the Sega Genesis and SNES, Jet Force Gemini for Nintendo 64, and Troubleshooter for the Genesis among others, but someone has to have the rights. We've seen a few license games get re-released such as Jurassic Park (shame the Sega CD version of Jurassic Park and the Genesis and PSX versions of the Lost World weren't included, but whatever). I also have to wonder how licensing for import only games such as Princess Minerva and Mother 3 as well as scrapped prototypes such as Dinosaur Planet. This isn't even factoring in systems where BIOS might be needed for emulation such as PCSX2 where it might be better to just do recompilations or re-releases of the PC version such as Silent Hill 2 classic unless Sony and others want to sell licenses for keys and bios for emulation purposes.
I think another option would be to revise laws to make things public domain after cancelation (makes scrapped prototypes public domain), delisting (Friday the 13th the Game and Kung Fu Panda Showdown of Legendary Legends would be in this category), retroactive censorship (I'm proposing this in response to the Skull Girls update last year and how they didn't implement toggle switches into the options menu of the game when they did it), or 10 years after initial release.
I'd also propose after the 10 year mark, they can pay an exponentially increasing fee to keep it out of the public domain. Also, I think to make sure companies pay their dues, trademarks don't apply to public domain works, so Nintendo wouldn't be able to trademark "Metroid" and claim trademark infringement over the old games to circumvent the fee.
With that in mind, they'd still be able to port their old games to new systems under those rules because of how locked down consoles are right now. If that changes, they can copyright new installments, but only new elements would be copyrighted. This could apply to new sequels, prequels, and remakes as long as effort is put into adding new things. The original versions wouldn't get a free extension, but the new ones would be trying to one up those.