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Video Games

We Can’t Trust Nintendo To Be Reasonable

Another Switch emulator has bitten the dust, but what else do you expect?

The logo for Ryujinx.

The Ryujinx Logo

When the Switch emulator Yuzu went down due to legal pressure by Nintendo in March, I saw countless tortured arguments online trying to rationalize it. One was that Tropic Haze had not been smart about how they had gone about development, and many people pointed to competing Switch emulator Ryujinx as a model example. But today it was announced via Discord that the developer of Ryujinx had been contacted by Nintendo, reaching an agreement to stop working on the project and take the assets down from Github. The github repo for Ryujinx is now offline. Ryujinx is no more, at least in its current form, but what did anyone expect? Nintendo was never going to stop with Yuzu, and I doubt this will be the last time they do this.

The text reads "Yesterday, gdkchan was contacted by Nintendo and offered an agreement to stop working on the project, remove the organization and all related assets he's in control of. While awaiting confirmation on whether he would take this agreement, the organization has been removed, so I think it's safe to say what the outcome is. Rather than leave you with only panic and speculation, I decided to write this short message to give some closure.These words are my own. I don't want to speak for anyone else here, so just remember that while reading.Thank you to @everyone who has contributed code, documentation or issue reports to the project. Thank you all for following us throughout the development. I was able to learn a lot of really neat things about games that I love, enjoy them with renewed qualities and in unique circumstances, and I'm sure you all have experiences that are similarly special. I'm extending my own massive thanks to our moderation team, who have been here through some rough circumstances and always found ways to make light of it."
An update from the Ryujinx Discord. Credit: Ryujinx.

“Yesterday, gdkchan was contacted by Nintendo and offered an agreement to stop working on the project, remove the organization and all related assets he's in control of,” user rip in peri peri announced in the Ryujinx Discord server. “While awaiting confirmation on whether he would take this agreement, the organization has been removed, so I think it's safe to say what the outcome is. Rather than leave you with only panic and speculation, I decided to write this short message to give some closure.”

“Thank you to @everyone who has contributed code, documentation or issue reports to the project,” they continued. “Thank you all for following us throughout the development. I was able to learn a lot of really neat things about games that I love, enjoy them with renewed qualities and in unique circumstances, and I'm sure you all have experiences that are similarly special”

In addition to that, rip in peii peri noted several in the additions to the emulator that were not public: a remarkably stable version of the emulator that ran on iOS that unfortunately would remain a novelty due to UI limitations, a WIP android version of the emulator, improved metal support and more. Developers Ac_K and Berry also chimed in, expressing their gratitude for the community and the project.

Though I am quite curious what the exact nature of the deal between gdkchan and Nintendo was, the practical reality is it does not matter. Ryujinx was the main Switch emulator that was not an active fork of Yuzu. Since Nintendo reached its settlement with Tropic Haze, other emulators have forked Yuzu’s code and continued development, Suyu and Sudachi being the primary ones. (3Ds emulator Citra has also found a stable fork.)  But the process has not been smooth sailing: Gitlab removed Suyu, citing a DMCA claim. Discord nuked the accounts of the Suyu and Sudachi developers, also citing a DMCA claim.  Development can still happen, although Nintendo is making it as difficult as possible to do this above board, in public, without self-hosting. On top of this, YouTuber Retro Gaming Corps claimed they were served a DMCA takedown from Nintendo this week for showing off Wii U. 

I understand why Nintendo is doing this, in the same way I understand a boa constrictor strangling a small animal to death. It is within Nintendo’s nature and character to act this way, to throw its weight around and to make open source development difficult, particularly as the Switch’s successor creeps into view. 

An update from Retro Game Corps that reads "Hi friends, well it does appear that my worst fears are true, and that I am being specifically targeted by Nintendo. My Wii U video was taken down and I received another copyright strike, even though this showcase video was no different than all of the tech demos and reviews I have made on this channel previously. I am still considering a counter claim under fair use, as the video was for educational use, transformative in nature, and had no effect on the market -- it was a demonstration of a console no longer for sale (even the Wii U eShop is closed, so the company itself has no means of earning revenue from Wii U sales). However, I am reluctant to open that can of worms with a multi-billion dollar corporation, as their next step would be to file legal action. At the very least this means I am going to change how I approach future videos. I will no longer show any Nintendo games on-screen, which is a shame because I love using those games for my hardware demonstrations. I don't know how that will play out when it comes to showing things like ESDE frontend themes that contain Nintendo characters, but for now I am going to focus on actual gameplay. I am also going through the videos I am working on and blurring out any Nintendo game content as a precaution, even innocuous content like NES games. Unfortunately this is going to delay some video releases -- my latest video should be up right now, but instead I have to re-edit and re-upload the video first. I know this is disappointing news, but with now two strikes on my channel, I don't really have any other choice except to adjust accordingly. Thanks for your understanding."
A DMCA update. Credit: Retro Game Corps.

The reality is that emulation itself is not criminal, there is precedent for this and it is telling that most of the time they have settled out of court. Another reality is that the games Nintendo was releasing on its ancient hardware have run like shit for years; just ask anyone playing The Legend of Zelda: Echoes of Wisdom (I am, it does). These are not the actions of a compassionate or reasonable company; this is throwing your weight around because you can. Year after year they somehow manage to find the most maximally suspect way to go about these things. I should not find myself siding with Palworld, and yet here we are!  

This game does not run well on the hardware. If only there was a way to play it on better hardware.

We have been living in a golden age of emulation, from the MiSTer to countless other projects. But Nintendo has not only shown itself to constantly be a bad steward of its history, but also a viciously litigious one. If emulation is driven underground again because of moves like this, it will be categorically bad for the history of gaming. We cannot return to living that way, because there is too much at stake. 

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