Unfortunately, the settlement with Yuzu set a dangerous precedent. The judge decided that since Yuzu requires the keys to play the games, then Yuzu is clearly “primarily designed to circumvent encryption to directly violate the DMCA” or whatever.

So Switch 2 emulators not using keys at all in any part of the process maybe protects them from that angle. They require decrypted games, so only the decrypting/dumping tools might be susceptible to takedown in the same way.

The issue is the whole “circumventing encryption” thing, which is what led to the infamous win for Nintendo. The judge ruled that by using an official Switch’s encryption keys, the emulator was primarily designed to circumvent encryption and sided with Nintendo.

I agree that it shouldn’t be violating anything. But clearly, Nintendo managed to convince that judge. And since courts look at precedent and case law when issuing rulings, any future rulings will likely go the same way unless a higher court overturns it.

I see Github takedowns in a similar light to Google YouTube strikes. There’s no humanity or any attempt at defending creators, just spineless or bot corporate actions. Usually bots.

A fool uses Github for spicy code now. Like a 14 year old recompiling OOT with Claude from what I hear.