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

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[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.
 

smf

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Dolphin just needs to remove the keys and everything will be fine. Nintendo hasn't even sent the project a C&D yet.
Even bring-your-own-keys would be an issue, especially if you told people how to get the keys.

The only clear way to ship dolphin legally, is if you can keep it an absolute secret that it plays Wii games. So that nobody knows at all, not even a "hey, this is a secret but"
 

linuxares

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Even bring-your-own-keys would be an issue, especially if you told people how to get the keys.

The only clear way to ship dolphin legally, is if you can keep it an absolute secret that it plays Wii games. So that nobody knows at all, not even a "hey, this is a secret but"
The cats out of the bag since a while ago
 

NinStar

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You don't get it...
He is not wrong, Nintendo would say no regardless if it was legal or illegal, the only difference this time is that Nintendo has a valid reason from a legal standpoint to do what they are doing, but I highly doubt someone at Valve went to the source code and found the common key out of nowhere, because if that was the case they would have rejected the emulator right away (at least that what anyone would expect), so I don't think that was the reason they contacted Nintendo.
 
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Kinda funny to see the brain dead reactions here... The thing is legally this is one of the few things where Nintendo actually has a leg to stand on even morally to some degree.

I think the law should be changed to where such keys can't be protected, but that's not the current law, and really it does not get meaningfully in the way of emulation. Yet dumping keys yourself is a bit of a pain, but let's be real downloading them is easy.

Let's remember that essentially every other emulator already does not include the keys, and that honestly it's very weird Dolphin does not follow this precedence.

And of all the anti-emulator things Nintendo has done, this is IMO clearly not one of them. Remember those included keys (included since 3.0!!) could easily be used to actually go after Dolphin, not just prevent a Steam Store page as long as the offending keys are not removed.

So this action is not (yet) anti-emulator. Especially considering that in all honesty if Dolphin removes the offending keys, which should never have been included, and should have been user provided as with every other emulator, it should be allowed on Steam just fine.
 

chrisrlink

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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.
no sega tried but forgot to remove the micd or w/e it's called in the US/EU version their security was good heck they made special CDs which fit an entire gig on a CD
if you want a true example I believe the 3DO is better fit as it employed 0 Protection you could burn a 3do game slap it in and play
 

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smf

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Dolphin needs to let this go, or else we’ll have ANOTHER long standing precedent overturned once again with Sony Vs Bleem
DeCSS already did that. Sony Vs Bleem was a very specific circumstance that doesn't exist anymore. People need to stop blindly saying that emulators are legal.

If you have a gun license then guns are legal too, but that isn't a defense if you break another law using a gun.
Post automatically merged:

no sega tried but forgot to remove the micd or w/e it's called in the US/EU version their security was good heck they made special CDs which fit an entire gig on a CD
if you want a true example I believe the 3DO is better fit as it employed 0 Protection you could burn a 3do game slap it in and play
They didn't forget to remove MilCD, they purposefully supported it.

What they weren't counting on was that someone would figure out how to dump gdroms, pack them down to fit on a CD & then run them.

3DO's copy protection was that burners and media were really expensive. Philips CDi, Commodore CDTV and CD32 went the same way.
 

pokota

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sounds like we're going to have to learn to dump our own Gamecube and Wii firmwares like how we have to do for GBA/PSx
 

Pickle_Rick

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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)..

View attachment 374369
View attachment 374370

I'm sure they're probably keeping an eye on things (as always) :ph34r:
OG Anonymous have all retired or got arrested. The group doesn't exist anymore. The ones you see on Twitter are LARPers.
 
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Xzi

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Sony Vs Bleem was a very specific circumstance that doesn't exist anymore. People need to stop blindly saying that emulators are legal.
The precedent still very much stands, which is why Nintendo has been unable to go after emulators on Steam that are entirely original code. What we need now is to establish the precedent that copyrights for cryptographic keys are null and void if they aren't secured to a minimum baseline standard. The fact that seemingly random strings of numbers and letters like these can be copyrighted at all is a failure of the system as far as I'm concerned.
 

Xzi

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The delay of Dolphin's release on Steam due to a cease and desist order from Nintendo is unfortunate. It highlights the challenges faced by developers in navigating legal issues surrounding intellectual property rights. This incident underscores the importance of balancing innovation and respecting copyright protections in the gaming industry.
Hey, an AI! Draw me a Shrek.
 

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