this post was submitted on 14 Jan 2024
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I'm with you on the first part. It makes no sense for Valve to do this. Using LibUltra or not, Nintendo has been relatively lax on people creating new code for the N64. At least to my recollection only in cases where Nintendo felt their IP was directly being threatened did they try and take down fan projects. Even then they heavily rely on the redistribution of Nintendo IP to take things down. Admittedly I have only seen others talking about the Portal 64 project using LibUltra but even so that's Nintendo's fight, not Valve's.
I don't see how Valve could possibly be afraid of getting sued here by Nintendo, it doesn't make sense. Valve did not create it, nor distribute, advertise, or aid in any way. IANAL but I don't see how Valve could possibly be listed as a party to the lawsuit unless Nintendo lawyers agreed with Valve lawyers to go after this guy for IP theft.
TBH I see this more as Valve seeing that with a project this publicly known, if they don't defend their IP here they'll lose any future copyright claims and want to prevent it. They also see an opportunity here, blame Nintendo who won't flinch it at since they get labelled legal bad guys all the time, no real dent to their reputation while saving Valve's internet golden child perception. Valve would never do something like this so it MUST be Nintendo's fault. Based on the comments in this thread and I've seen else where, that seems like a good assumption. Nintendo takes the heat while Valve protects their IP.
That would only apply to trademarks. Copyright has no requirement to sue to maintain the rights, but registered trademarks do.
I wonder if there was some sort of settlement between Valve and Nintendo, after Dolphin was removed from the Steam store, which requires them to support Nintendo. Even then, this is separate to the Steam store.
It does give them brownie points with Nintendo though, I guess.
Yup your right, I was wrong. Valve keeps the copyright regardless.
Dolphin situation was different though. https://dolphin-emu.org/blog/2023/07/20/what-happened-to-dolphin-on-steam/
Valve only ever insisted that Nintendo had to give Dolphin permission to distribute since Valve was afraid of a potential DMCA coming from Nintendo if Nintendo thought that the encryption keys were IP illegally being redistributed. Since Nintendo says emulators are illegal everywhere but a courtroom, Dolphin team knew that they'd never get an ok. Valve probably knew that but didn't care enough to help fight that legal battle.
I'm not sure Valve cares about brownie points with Nintendo. The Steam Deck is a direct competitor against the Switch, Valve has done nothing to curtail the use of Switch emulators on Deck, and the work Valve has been doing makes using a switch emulator a better experience.
This whole thing only makes sense if Valve wanted to protect their IP. Involving Nintendo really does sound like blame shifting without having to actually go to court
also, it's simply cheaper to say to the guy "hey, could you take down?" than even asking lawyers about the legality of the project