SvennoJ said:
Safiir said:
Wait a minute. I have most certainly NOT agreed to an eula when buying a video game. That's one. And second - when playing on an emulator you do not alter or distribute it in any way. Heck modding a game is a direct alteration. Let's ban mods then?
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Yes you did, after installing / starting the software. http://simpleeulas.weebly.com/nintendo-eula.html
When I worked with 3rd party data we had to sign a contract to protect the data, encrypt it, made it so it could not be easily reverse engineered or copied in part of whole. I do not see Cemu doing anything in that regards. If they have an agreement with Nintendo to ensure it only works with a WiiU Zelda disc inserted or while logged in to a Nintendo account with the digital license for Zelda than I see no problem. However I very much doubt they're even looking into that.
Fact is, they are promoting their emulator with the use of Zelda BotW and making money by doing so while indirectly encouraging people to download a ripped unprotected version of a brand new game to use on that emulator. There is no way that is in their rights. However the internet is so upside down that when Nintendo sends a cease and decist letter, they will be the bad guys...
Modding is indeed a direct alteration which is allowed by developers on a game by game basis. Pokemon Go for example rightfully shut down user mods to protect their IP. You also can't alter a movie and put the alterations online to watch that movie they way you want it to be watched. Your $60 purchase doesn't give you rights to the IP nor distribution rights of its (modified) parts. There is this weird logic that if some games allow it then all games should allow it.
Anyway what you do in your own home with whatever you buy is fair game. Whether you can use it to promote your own work or make alterations and publish them is up to the IP owner. Cemu is overstepping their bounds here.
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I take that back. About the EULA part.
About the CEMU guys making money. They've created a software. This software emulates a piece of hardware on another hardware. Nintendo has no right on the code they've created. So it is legally impossible for them to shut them down. They simply do not own any part of this software. Now, sure a lot of people are probably using pirated copies of the games they're playing on the emulator but any legal actions should be directed to them. Also to sites providing the pirated content. The developers of the emulator have no more legal responsibility to what people are doing with the emulator, than the creator of a brick that was used to kill a person.