- Oct 25, 2017
In the US, prior precedent is usually used when there is no "built in" rule.
One example of a false DMCA claim which went to court is Online Policy Group vs Diebold, Inc
Diebold made DMCA takedown requests after emails were published which revealed security weaknesses in their voting machines. It was decided that using DMCA takedowns as a form of censoring these emails was an abuse of the DMCA and they were fined $125,000
Nintendo do not decide the fucking law. How many times does it need to be said?Nintendos website also covers this:
https://www.nintendo.com/corp/legal.jsp <- also covers their view on roms, emulator and devices to make game backups
The Switch method is not a modchip but a way to circumvent the security systems put in place. So homebrew is not accepable to them. Even if its cool on the internet.
Because Nintendo think emulators are illegal doesn't suddenly make it illegal. That's not how any of this works.