Yuzu developer to cease distribution of Switch emulator & pay Nintendo $2.4 million in settlement

It appears Tropic Haze has agreed to a settlement with Nintendo over the latter's lawsuit against the Switch emulator developer.

Image via Tropic Haze
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UPDATE (March 4, 2024 @ 12:33 p.m. PT): When asked for a comment, Nintendo directed us to the ESA, which then provided the following statement:

Meanwhile, Tropic Haze has offered its own statement on the matter, which can be read below. It's worth noting that Citra (an emulator for 3DS run by the same group) offered the exact same statement:


Original Story: A major twist has occurred in Nintendo’s copyright lawsuit against Switch emulator developer Tropic Haze as the latter has agreed to a settlement with the Mario publisher. According to published details of the settlement, Tropic Haze will pay Nintendo $2.4 million USD in monetary relief. It will also cease distributing its emulator, Yuzu, and hand management of its website URL over to Nintendo.

The details of the lawsuit settlement between Nintendo and Tropic Haze were published in a Court Listener PDF this week. As of the March 4, 2024 filing, Nintendo and Tropic Haze have reportedly come to an agreement on the following noteworthy terms:

  1. Nintendo will be awarded judgment against Tropic Haze in the amount of US$2,400,000.
  2. A permanent injunction dictating that Tropic Haze can no longer offer Yuzu to the public, including “marketing, advertising, promoting, selling, testing, hosting, cloning, distributing or otherwise travel” of Yuzu, its source code, or features.
  3. The website for Yuzu’s details and distribution (YUZUEMU.ORG) will be handed over to Nintendo and Tropic Haze will be barred from launching or operating “successor websites, chatrooms, and other social media websites or apps” relating to the Yuzu emulator.
Link exploring the floating sky islands in The Legend of Zelda: Tears of the Kingdom
In its lawsuit, Nintendo claimed Yuzu had cost the company millions in revenue on games like The Legend of Zelda: Tears of the Kingdom.
Source: Nintendo

With such a quick turnaround from the announcement of the lawsuit last week, this marks another win in court for the famously litigious Nintendo in regards to its IP. However, it may have bigger implications in the long run. The settlement directly refers to certain actions taken in establishing Yuzu that could prove detrimental to any similar emulators similarly taken to court:

The matter revolving around cryptographic keys could set a precedent that opens up further developers to possible legal issues. While it remains to be seen if we see additional lawsuits using this one as the basis, one can likely bet that if Nintendo sees a way to swing at those who would use its IP without permission, it will. Stay tuned as we continue to follow this topic for further updates.

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TJ Denzer is a player and writer with a passion for games that has dominated a lifetime. He found his way to the Shacknews roster in late 2019 and has worked his way to Senior News Editor since. Between news coverage, he also aides notably in livestream projects like the indie game-focused Indie-licious, the Shacknews Stimulus Games, and the Shacknews Dump. You can reach him at tj.denzer@shacknews.com and also find him on Twitter @JohnnyChugs.

From The Chatty
    • reply
      March 4, 2024 10:05 AM

      Yuzu settles with Nintendo, paying 2.4 m and will no longer be hosting the project

      https://www.reddit.com/r/SteamDeck/s/ZRgXtCpgN6

      Will get that link in a moment

      • reply
        March 4, 2024 10:12 AM

        Was Yuzu making money for its creators? The fine seems either tiny or huge depending on that answer.

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          March 4, 2024 10:17 AM

          They had a patron type thing going to support develooment

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          March 4, 2024 10:17 AM

          Their Patreon says $30k/month so the fine probably wipes them out.

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            March 4, 2024 10:18 AM

            I wonder if that's also considered income at the state or federal level.

            So between taxes and payment for this lawsuit he's probably financially wiped out.

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              March 4, 2024 10:22 AM

              As a settlement, the devs likely will work out some payment plan that takes money directly from any paycheck to fulfill the amount. They may be paying for the next 20 or 30 years but it is on terms they can work out.

              As opposed to losing and having both a larger fine and court seizing their property for it.

              • reply
                March 4, 2024 10:28 AM

                It sounds like Yuzu is shutting down so the settlement value is probably how much they had stashed.

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            March 4, 2024 10:46 AM

            jesus, i’m all for emulators being legal but if you’re making that much on piracy that’s messed up

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              March 4, 2024 10:59 AM

              Yah I wasn’t aware they had a Patreon and were making money off the emulator.

      • reply
        March 4, 2024 10:18 AM

        Holy shit did they get off easy lol

      • reply
        March 4, 2024 10:29 AM

        Ouch. So is switch emulation dead then?

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        March 4, 2024 10:35 AM

        That was fast.

      • reply
        March 4, 2024 10:58 AM

        Yuzu fucked up by advertising support for games before they were announced, and collecting money via Patreon.

        They haven't doomed Switch emulation yet, but they might - they're asking the judge for a secondary ruling:

        https://www.theverge.com/2024/3/4/24090357/nintendo-yuzu-emulator-lawsuit-settlement

        Developing or distributing software, including Yuzu, that in its ordinary course functions only when cryptographic keys are integrated without authorization, violates the Digital Millennium Copyright Act’s prohibition on trafficking in devices that circumvent effective technological measures, because the software is primarily designed for the purpose of circumventing technological measures.

        If they get that, it's gonna be real hard for other switch emulators.

        • reply
          March 4, 2024 11:35 AM

          yeah as an honest nintendo consumer its not fun when people are talking about tears of the kingdom 2 weeks in advance. that just leaves a terrible taste in ppls mouths

        • reply
          March 4, 2024 11:56 AM

          If this results in a piece of hardware to read a cartridge and I still get full speed on PC, great! I doubt that is the logical result though.

        • reply
          March 5, 2024 5:10 AM

          DMCA is a bad law. Why hasn't anyone challenged it on first amendment grounds yet? Nobody with the right combination of standing and money?

      • reply
        March 4, 2024 11:46 AM

        Damn. Well you were a fantastic way to enjoy TLOZ :(

        And yes I bought a physical copy. I do not pirate video games.

        • reply
          March 4, 2024 11:46 AM

          Also, downloading the latest nightly before it goes offline :(

          • reply
            March 4, 2024 11:47 AM

            It's open source; it isn't going anywhere. At least not anywhere you wouldn't be able to find it.

      • reply
        March 4, 2024 11:59 AM

        Doug Bowser will fuck you up

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        March 4, 2024 12:08 PM

        Yuzu as well as cemu had a bad reputation because of the way they used just released games to advertize for their patreon, in case of cemu in particular did more to get it running rather than what ryujinx did to have qualitative high emulation of hardware/software ala dolphin.

        Based on their initial documents I didn’t believe that they had a case but if these idiots also advertized unreleased games then I have no idea what to say to their defense.

        That said, fuck nintendo for trying to use this to smother emulation by a ridiculously broad definition of copy protection.

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          March 4, 2024 1:57 PM

          So your upset that Nintendo used copyright protection to protect their copyrights?

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            March 4, 2024 2:19 PM

            No. Seem like they are trying to use this to argue that dumping your own Keys for example would be an infringement on their Copyright.Which so far was rebuked multiple times/prior .

            • reply
              March 4, 2024 2:36 PM

              You are allowed to dump your own keys, as long as no one told you how to do it.

              If someone tells you the process for doing it or provides a tool to do that, then that itself is a DMCA violation.

        • reply
          March 4, 2024 2:37 PM

          Yuzu had a Patreon that received significant donations, hosted a how-to on how to dump your key, and advertised being able to play games that were weeks away from retail. Switch is also a shipping console from Nintendo, there is going to be many more eyes on this project when it includes both activities like this.

          Had they not taken Patreon money, not hosted the how-to, not advertise support for upcoming comes, and Switch not be a current shipping product? Probably a different story.

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        March 4, 2024 1:48 PM

        A good rule of thumb is never fuck with the IRS or Nintendo

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        March 4, 2024 2:46 PM

        Citra, the 3ds emulator, has also been taken down, in part as the same worked on both Citra and Yuzu, and the agreement said they could not work on emulators in the future

        https://www.pcgamer.com/software/nintendo-3ds-emulator-citra-taken-offline-as-collateral-damage-in-yuzu-settlement

      • reply
        March 4, 2024 2:52 PM

        [deleted]

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        March 4, 2024 2:54 PM

        They settled because they had TOTK support fixes behind a Patreon paywall before the game was even released.

        If there’s any way for your emulation project to get shut down, that’s how you do it.

        • reply
          March 4, 2024 2:58 PM

          What sucks is that Citra caught a stray from this and was also shut down. I don’t care about emulators for current systems but Citra for 3DS is actual preservation since new hardware is no longer being sold and it’s eShop shutting down last year.

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