Unsurprisingly, Valve doesn't want to fight Nintendo on the Dolphin emulator's behalf.
. Initial reports had it that this was a DMCA takedown, but it soon emerged that—as Dolphin is not yet available for download on Steam—Valve had contacted Nintendo in advance, and been rewarded with a warning shot across the bows.that this legal letter came about because Valve had contacted Nintendo. “Given Nintendo’s history of taking action against some emulators, we brought this to their attention proactively after the Dolphin team announced it was coming soon to Steam".
"Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act ’s Anti-Circumvention and AntiTrafficking provisions, 17 U.S.C. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store," reads the document.
The specific law being cited by Nintendo stops companies from hosting copyright circumvention technology, and more importantly means that Nintendo could in theory go straight after Valve rather than chasing down the makers of Dolphin. Given the legal grey area that emulators currently reside in, that's absolutely key: Valve could not host Dolphin on Steam and just say"we're an open platform, talk to them." If Dolphin was offered on Steam, Valve would be liable for it.
"Nintendo is committed to protecting the hard work and creativity of video game engineers and developers," said Nintendo spokesperson Eddie Garcia."This emulator illegally circumvents Nintendo’s protection measures and runs illegal copies of games. Using illegal emulators or illegal copies of games harms development and ultimately stifles innovation. Nintendo respects the intellectual property rights of other companies, and in turn expects others to do the same".
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