Dolphin emulator Steam release blocked by DMCA opinion, not a takedown [Updated]

thesixthaxis.com:

Update 30/05/23 – It turns out that Nintendo was not the instigator in blocking Dolphin’s release on Steam, nor that it was taken down by a DMCA takedown request. Instead, Valve’s legal team unearthed the possibility that Dolphin would be challenged by a DMCA takedown request if it was released.

Per outgoing treasurer of the Dolphin foundation, Pierre Bourdon, Valve initiated contact with Nintendo of America to ensure that Dolphin’s release on Steam would be above board. Nintendo did then give the opinion that Dolphin violates DMCA anti-circumvention provisions, and also requested that Valve takes it down, without issuing a formal request. It’s this opinion that was forwarded to the Dolphin Foundation team.

In other words, Valve sought to protect themselves and the integrity of their storefront, and this has highlighted a potential snag for the Dolphin emulator by including the Wii Common Key for game decryption. Of course, Nintendo was always going to say that they do not want to see Dolphin proliferate, but in this case it does not seem that they are actively pursuing the project. They are far more concerned with tackling piracy of Nintendo Switch games, as seen with the recent takedown of Switch game decryption project that allowed Zelda: Tears of the Kingdom to be emulated and streamed prior to its launch.

Speaking to PCGamer, attorney Kellen Voyer of Voyer Law said, “I would characterize this NOT as a DMCA take down notice and instead as a warning shot that the software, Dolphin, if released on Steam would (in Nintendo’s view) violate the DMCA.”

The original story follows.

Nintendo has managed to block the Steam release of popular Gamecube and Wii emulator Dolphin by sending a cease and desist to Valve.

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