[UPDATE] Dolphin's release on Steam indefinitely delayed after Nintendo sends cease & desist order to Valve

capsule_616x353.jpg

[UPDATE] The entry on the Dolphin blog has been changed slightly to more accurately reflect the situation. While their original post yesterday said Valve had received a DMCA takedown notice from Nintendo, the revision now claims it is a cease & desist order citing the Anti-Circumvention provisions in the DMCA.

Pierre Bourdon, a former member of the Dolphin team, has claimed on Mastodon that the order originated with Valve. He reports that Valve reached out to Nintendo regarding Dolphin, and Nintendo issued the C&D in response. If this is the case, it would impact Dolphin's available options for recourse as Valve retains the right to remove listings from their storefront. It also means, however, that Nintendo is not pursuing legal action against the Dolphin team right now.



[ORIGINAL STORY] Back in March, the team behind the Dolphin GameCube/Wii emulator announced that they would be bringing Dolphin to Steam sometime in the second quarter of 2023. However, the release seems to be indefinitely delayed after Valve received a DMCA notice from Nintendo. Posting on their blog today, the team announced that Steam had contacted them to let them know of the takedown notice and that the page will be down "until the matter is settled." The team is currently investigating their options and promise a more in-depth update as soon as possible.

PC Gamer claims to have reviewed the document, dated today, May 26. It reads, in part:

Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)’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.

The Dolphin emulator operates by incorporating these cryptographic keys without Nintendo’s authorization and decrypting the ROMs at or immediately before runtime. Thus, use of the Dolphin emulator unlawfully 'circumvent a technological measure that effectively controls access to a work protected under' the Copyright Act.

Nintendo is attacking the Dolphin Emulator under the DMCA's Anti-Circumvention provisions, citing the inclusion of the Wii's common key in Dolphin's source code. Nintendo argues that because the common key allows Dolphin to decrypt data, it allows users to illegally circumvent measures put in place to control access to works protected under the Copyright Act - in this case, GameCube and Wii games.

Dolphin is somewhat unique in distributing this key already built in to its source code, as most emulators require the end user to provide a key or BIOS on their own. Emulator frontend RetroArch has also been added to Steam but, contrary to Dolphin, hasn't been the target of DMCA attacks by Nintendo, likely because its builds and cores require external BIOS and key files not found within their source code.

As of now, it appears as if this only affects Dolphin Emulator's upcoming release on Steam. It is still available to download on the official website.
 

SubstituteCS

Well-Known Member
Newcomer
Joined
Oct 22, 2015
Messages
80
Trophies
0
XP
251
Country
United States
I'm not particularly interested in the how or the why of it, more just the outcome: Nintendo consistently struggles far more than their competitors with preventing the most rudimentary of exploits. To the extent that I question whether they even employ a hardware QA team at all.
This has nothing to do with hardware QA.

The Xbox 360 was defeated even more simply by utilizing a JTAG port that was still enabled.

Nintendo did actually implement good security for the time. It's just completely broken nearly 20 years later.

If you want an example of a system that didn't even try, take a look at the Sega Dreamcast.
 

linuxares

The inadequate, autocratic beast!
Global Moderator
Joined
Aug 5, 2007
Messages
13,302
Trophies
2
XP
18,145
Country
Sweden
This has nothing to do with hardware QA.

The Xbox 360 was defeated even more simply by utilizing a JTAG port that was still enabled.

Nintendo did actually implement good security for the time. It's just completely broken nearly 20 years later.

If you want an example of a system that didn't even try, take a look at the Sega Dreamcast.
Same with the CDi. It had the best disc protection off being bloody expensive instead.
 

Xzi

Time to fly, 621
Member
Joined
Dec 26, 2013
Messages
17,736
Trophies
3
Location
The Lands Between
Website
gbatemp.net
XP
8,534
Country
United States
This has nothing to do with hardware QA.

The Xbox 360 was defeated even more simply by utilizing a JTAG port that was still enabled.

Nintendo did actually implement good security for the time. It's just completely broken nearly 20 years later.

If you want an example of a system that didn't even try, take a look at the Sega Dreamcast.
What compounds the issue exponentially is the fact that Nintendo refuses to make their old games available to purchase or play by any "official" means. They're literally the only company stupid enough to operate this way, as Sony still sells a lot of "greatest hits" discs and Microsoft gives you Game Pass/backward compatibility to the OG Xbox. If the only accessible means of playing a game is through emulation/piracy, that's how people are going to play it, and Ninty has no right to try to prevent that unless they're going to provide an alternative.

Put simply:

quote-piracy-is-almost-always-a-service-problem-gabe-newell-136-61-10.jpg
 
  • Like
Reactions: Tiger21820

tech3475

Well-Known Member
Member
Joined
Jun 12, 2009
Messages
3,659
Trophies
2
XP
6,047
Country
The Wii had poor software QA, it didn’t wipe keys when booting into GC mode (at least with earlier system software) and IOS has/had numerous issues.

One of the homebrew devs IIRC even said they could have implemented a relatively secure homebrew IOS/mode if they wanted to.

The Dreamcast did have security, but it also supported another format on earlier revisions, MIL-CD, which was exploited for warez.

For consoles with no protection, CD wise you’d be looking at consoles like the Sega/Mega CD which were from before CD-Rs were common.
 

SubstituteCS

Well-Known Member
Newcomer
Joined
Oct 22, 2015
Messages
80
Trophies
0
XP
251
Country
United States
What compounds the issue exponentially is the fact that Nintendo refuses to make their old games available to purchase or play by any "official" means. They're literally the only company stupid enough to operate this way, as Sony still sells a lot of "greatest hits" discs and Microsoft gives you Game Pass/backward compatibility to the OG Xbox. If the only accessible means of playing a game is through emulation/piracy, that's how people are going to play it, and Ninty has no right to try to prevent that unless they're going to provide an alternative.

Put simply:

View attachment 374356

As much as I hate it, they actually do have that right.

Just as much as we have the right to emulate the systems using legal software.

Dolphin just needs to remove the keys and everything will be fine. Nintendo hasn't even sent the project a C&D yet.
 

Hassal

Well-Known Member
Member
Joined
Apr 22, 2023
Messages
560
Trophies
0
Age
24
XP
509
Country
United Arab Emirates
No it won’t. :rofl2:

Like it or not, Nintendo is the only company publishing solid performers. Their momentum isn’t slowing any time
soon.

I’d love to see them fall though… actually, I wish all of them would fall… This modern age of gaming is such a dumpster fire.
I'm going to disagree with that> Sony is the only consistent company releasing banging IP year after another, while your Nintendo you are praising only have Zelda which only happen to release another Zelda game after 6 years.
 
  • Like
Reactions: stanleyopar2000

tech3475

Well-Known Member
Member
Joined
Jun 12, 2009
Messages
3,659
Trophies
2
XP
6,047
Country
As much as I hate it, they actually do have that right.

Just as much as we have the right to emulate the systems using legal software.

Dolphin just needs to remove the keys and everything will be fine. Nintendo hasn't even sent the project a C&D yet.

Allot of what Nintendo’s lawyers do seems to be ‘just because you can, doesn’t mean you should’.

There’s a difference between e.g. a Pokemon ROM hack and a ROM site selling pirated games.

In this case it just feels petty, all Dolphin has to do is make the key a separate text file which will likely be widely distributed and/or support pre-decrypted games and hypothetically it’s business as usual.
 

peteruk

Well-Known Member
Member
Joined
Jun 26, 2015
Messages
3,003
Trophies
2
XP
7,330
Country
United Kingdom
Just thinking out loud here (to those who don't really know me I have a very active imagination), with that said if Nintendo did decide to sue the Dolphin creators I wonder if we'd see the public re-emergence of anonymous.

Now if you think back to 2011 when Sony went after Geohot and Graf_Chokolo we saw anonymous go after Sony with all kinds of threats

A reminder (for context)..

1685259607232.png

1685259652007.png


I'm sure they're probably keeping an eye on things (as always) :ph34r:
 

17hitcombooo

Officer Balls.... BWAAHAHAHAH
Member
Joined
Dec 1, 2021
Messages
123
Trophies
1
Location
Hell
XP
477
Country
United States
What compounds the issue exponentially is the fact that Nintendo refuses to make their old games available to purchase or play by any "official" means. They're literally the only company stupid enough to operate this way, as Sony still sells a lot of "greatest hits" discs and Microsoft gives you Game Pass/backward compatibility to the OG Xbox. If the only accessible means of playing a game is through emulation/piracy, that's how people are going to play it, and Ninty has no right to try to prevent that unless they're going to provide an alternative.

Put simply:

View attachment 374356
why does nintendo ignore this?? they could easily make money if they rerelease their titles. are they really that ignorant about their customers and having a easier way to (legally) play their library? nintendo has like maybe the strongest library of games and like not even half it is available that benefits them financially.
 
  • Like
Reactions: Xzi

CorteX_

Member
Newcomer
Joined
May 15, 2008
Messages
20
Trophies
1
XP
106
Country
Netherlands
What a surprise. Shit company that can't make games for shit anymore shits on people that make cool shit. If you do what Nintendon't prepare to get shut down.
 

Xzi

Time to fly, 621
Member
Joined
Dec 26, 2013
Messages
17,736
Trophies
3
Location
The Lands Between
Website
gbatemp.net
XP
8,534
Country
United States
why does nintendo ignore this?? they could easily make money if they rerelease their titles. are they really that ignorant about their customers and having a easier way to (legally) play their library? nintendo has like maybe the strongest library of games and like not even half it is available that benefits them financially.
I can only speculate that it's out of sheer pettiness and ego, they believe their games are "special" and therefore deserve to be more scarce and expensive than any others as a result. Ninty wears the fact that their games are the most pirated like a badge of honor, when really it will only ever be an indictment on their availability.
 
  • Like
Reactions: Flame

Ryccardo

Penguin accelerator
Member
Joined
Feb 13, 2015
Messages
7,690
Trophies
1
Age
28
Location
Imola
XP
6,911
Country
Italy
I can only speculate that it's out of sheer pettiness and ego
This (not as much the rest) - They're in for the world domination, not the money or fame (though those may be the means to an end?), if you have a few hours to fill go read Hackmii start to nearly-end to understand what they think of someone making the Wii an open-ish platform without wanting anything to do with "game backups"

Oh, on that website (as well as Wiibrew and Yum Yum Bakery) you'll also find the common key, which I agree is not copyrighted according to the previous discussion here and neither is a protection implement (don't need one to play pirate copies, which of course are 100% the same as a personal use backup, on a real Wii), and of course a sufficiently accurate Wii emulator (although Dolphin isn't one) primarily exists for interoperability of your computer with Wii software, doesn't it?
 
  • Like
Reactions: Flame

Bladexdsl

fanboys triggered 9k+
Member
Joined
Nov 17, 2008
Messages
21,132
Trophies
2
Location
Queensland
XP
12,207
Country
Australia
Nintendo, you are done!
they will never be done because their fanbase are morons. no mater how bad and dated their hardware is, how shitty and cheap their controllers are, how much of a joke their online is or how terrible their zelda is now. these idiots will always blindly support and throw money at their feet! :glare:
 

NinStar

Ny'hrarr ♂
Member
Joined
Apr 3, 2017
Messages
570
Trophies
0
Age
23
Location
Rio de Janeiro
Website
ninstar.carrd.co
XP
2,118
Country
Brazil
If that's how it played out, it's a bit strange from Valves to part to even both asking Nintendo. We all know their stance on emulation. Though I guess it was more asking "are we legally okay to do this?", to which Nintendo said "no".
It is weird because everyone knows Nintendo will always say no, even if it is legal.
 

DJPlace

going hire Ronald McDonald To Gun Down Nintendo.
Member
Joined
Apr 16, 2008
Messages
5,839
Trophies
2
Age
41
XP
4,525
Country
United States
if nintendo wanted to shut up Dolphin they could of took down the source of this them sevles. i really don't see the point in doing this unless i missed reading something.
 

r1vver

Well-Known Member
Member
Joined
Oct 7, 2017
Messages
551
Trophies
0
XP
979
Country
Russia
Nintendo key is in the source code...
They got off easy!
Should sue these imbies on behalf of and in defense of real dolphins (intelligent aquatic mammals) demanding the emulator name to be changed. With payment of the amount of damage to reputation.
 

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
  • No one is chatting at the moment.
    SylverReZ @ SylverReZ: https://youtu.be/ab8GtuPdrUQ +1