Valve then forwarded us the statement from Nintendo's lawyers, and told us that we had to come to an agreement with Nintendo in order to release on Steam.
We all know Nintendo is a bitch and there's nothing illegal in emulators, but Valve's stance looks reasonable to me, it would be serious damage to Steam if they were involved in legal litigation.
We have a very strong argument that Dolphin is not primarily designed or produced for the purpose of circumventing protection. Dolphin is designed to recreate the GameCube and Wii hardware as software, and to provide the means for a user to interact with this emulated environment. Only an incredibly tiny portion of our code is actually related to circumvention.
That doesn't sound like a strong argument to me. I'm a supporter of emulation but I think that the amount of code involved in making it happen doesn't stop it from being the primary purpose.
what's being circumvented here is the encryption of Wii games. the primary purpose of Dolphin is not to decrypt Wii games, it is to emulate them (in other words, make them interoperable with PC hardware, as pointed out later). the circumvention of encryption is a necessary part of emulation, but it's not the primary purpose.
I agree those arguments have no legal ground, but I don't believe emulators are made with the primary purpose of circumventing protections, it's just naive to think people wouldn't use them for that purpose IMO.
They shipped the Wii encryption key along with the emulator. While there's no established legal precedent that encryption keys are protected by copyright, it's largely been assumed by those in the industry that they are. It's also blatantly a measure to circumvent anti piracy measures. If Dolphin required you to go find the Wii encryption key on your own and input it into the emulator, Nintendo would have no grounds to stand on, but they screwed up and risked everything by one of the most infamously anti emulator, litigation happy corporations on earth
It's more of the usual guilty-till-innocent so it had help getting killed in the Steam crib. Overlord Nintendo wins again. You will never own what you buy so long as the big companies say you don't.
Did you read the article? This is Valve’s doing, not Nintendo. The keys weren’t even in question. Valve is requiring the Dolphin devs to get permission from Nintendo, something that will never happen.
I'm a pretty big supporter of emulation and love what Dolphin is doing, that said, lets not poke the bear. Dolphin is easy enough to get working everywhere, it doesn't need to be listed on steam.