Nintendo would like you to think so. Depends on jurisdiction I suppose. Not in very many places. Emulating other machines isn't illegal, Switch is no different.

I think it’s more of the spirit of the thing than it is the law, specifically.

The fact is, I’d imagine a solid 90% of people using Switch emulation are using it for piracy of games that are usually still available on the shelf - or worse, brand new.

As a homebrew developer for, EG; the SEGA Saturn and Atari Jaguar - I absolutely do get that there are a few of us that legitimately use emulators for legal purposes.

I also download ROMs all the time of even mainstream titles that have never seen a re-release. (Here’s looking at you, ‘Knuckles’ Chaotix’ for the SEGA 32X…)

But the issue with Switch emulation is that, yes; I’ve got a few friends who simply downloaded and played all the way through the new Zelda title released just recently via emulation, and it’s just kind of…it’s easier to understand why that isn’t really ‘okay’ to me.

You can rip your own games for the Switch. But I don't think there's anything morally dubious with buying a copy and downloading a ROM to play on your emulator.

Many people I know just buy the game (because game devs need to eat) but prefer to play on an emulator because it provides an objectively superior experience. Increased framerate and the ability to manage your own save files is enough to justify using an emulator.

Ok, after trying out the emulation, I can safely say it is far below the experience on the Switch. I feel sorry for anyone solely doing emulation thinking they're getting the full Zelda experience. The controls are janky and laggy. The audio/video desyncs. Lots of frame skipping/stuttering/acceleration/deceleration. A whole mess of issues and that's just in the first 10 minutes of the prologue. You probably could beat the game if you ignored those issues but it had all the delicacy of a movie camrip. Yeah, you can watch a camrip and understand the movie, but the enjoyment just isn't the same.

Nintendo had plenty of tools to stop Zelda from working on emulators, at least for a few weeks after release. I am curious why they chose not to bother.

Emulation in general is not illegal, piracy is the only aspect of it that is “illegal”.

Kind of off topic, but one thing I've noticed has become very common in recent years is for a game emulation focused hardware vendor to include an SD card completely full of ROMs, and sell it on mainstream sources like Amazon. That's illegal and I think it's uncool.

Okay, Mr. Nintendo. I think it’s illegal and very cool.

Care to elaborate why you think artificially high prices on outdated console games (your SD full of ROMs) in any way helps a software developer - in either venture capital (we are on HN) or their take-home paycheck. Because as far as I can tell, the only people it helps is rent-seekers on ancient IP. You know, the kinda people we wanna “disrupt”?

> You know, the kinda people we wanna “disrupt”?

Speak for yourself. I don't want to disrupt anyone by explicitly not following laws i don't like.

If you were to complain about the anti circumvention clause in DMCA, or Nintendo going after the guy who sold mods under that (somebody got jail time), then I think that stuff is not justified. But i wouldn't personally sell software i have no right to distribute on Amazon.

Copyright-infringing, for sure. But I am skeptical that anyone is losing money on the those old MAME Roms. I have an Anbernic (bought on Amazon), and though there are a handful of pirated games it came with that I like, I was at least as excited to see that flashing AmberELEC on it supports Pico-8 (which they didn't pirate and include, I bought it and installed it, along with a bunch of carts).

Do you think the same about the various abandonware websites filled with old DOS games and software?

A key difference is those are not offered for money. I feel like copyright infringement in direct exchange for cash is where I draw an ethical line.

Shouldn't it matter if the item you want is purchasable from a legit enterprise? If they ONLY way to get the game is through paying a pirate because the rights holder doesnt think distributing it profitable enough, do you still find that unethical?

Yes, i find that unethical, and the key thing is they're making money on a work they have no rights to.

For that scenario, providing a download for free is still illegal but less unethical.

Has anyone been successfully prosecuted in your jurisdiction?

Gary Bowser was in jail for years, and will have his wages garnished for the rest of his life.

Yes, what he was doing was different, but the ends rhyme. I hope nobody is prosecuted, but Nintendo is already after the key dumping software. It’s never a safe space to tread with a company as litigious and eager to make examples as Nintendo.

In principle no, but you can't get to a functioning state without illegally obtaining the signing keys.

How is key extraction illegal? I'm running code on a piece of hardware I purchased, no?

In the Unites States, it's a violation of the Computer Fraud and Abuse Act.

Since you own the console you dump the keys from, nope

Depends what country. Bypassing drm is not illegal everywhere.

It depends on the country.

If you copied the game and you have already bought it, then it is fine. Distributing the ripped game for others to download for free is piracy and is illegal.

Emulation isn’t. But circumventing the DRM is (depending on your jurisdiction of course)