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Yuzu developers agreed to pay $2.4 million in damages to Nintendo to settle their lawsuit
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That's not a counter-example...Team Xecuter also made millions of dollars and Gary was running various sites that explicitly promoted and helped people with piracy (much more directly illegal than anything Yuzu was doing). Whether Gary has the money to pay his plea agreement in his federal criminal case (not a mutually agreed upon settlement in a civil case like Yuzu) is irrelevant to my point that the only people getting in big trouble are the ones making a ton of money off of it.
Also it was only "an easy couple million" from Yuzu because they chose to settle the case immediately rather than fighting it. They certainly had the money to fight it if they had $2.4 million to pay in a settlement they agreed to, so I assume they were more across the line into illegal territory than it seemed or they wouldn't have folded so fast.