IIRC, part of the argument is that Switch games are encrypted, and the emulator uses real Switch keys to read the games. So Nintendo claims that by using official Nintendo Switch keys, it is violating Nintendo’s copyright and is subject to DMCA claims.
The argument is shaky at best. But the problem with DMCA is that combating it actually requires taking the claimant to court. So that’s a prohibitively long and difficult process, just to be able to go “hey Nintendo doesn’t actually have any claim here. Restore my repo.” Especially when Nintendo has a known history of drawing out long legal battles to exhaust defendants’ time+resources.
ampersandrew@lemmy.world 5 weeks ago
The patents on the Game Boy hardware expired years ago, so that’s what gives Analogue the right to do what they do. As for these Switch emulators, I have no idea, but I’ll guess it’s just Nintendo trying to scare people without their own legal departments into complying.