Editing Yuzu (Nintendo Switch emulator) (section)

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Nintendo's lawyers are seemingly focussing on the encryption keys more than the emulator itself. A few months ago, [https://gbatemp.net/threads/lockpick_rcm-payload-official-thread.532916/ LockpickRCM], software monumental to decrypting data from a Nintendo Switch, was recently eliminated from GitHub following a DMCA takedown request from Nintendo. This has no relation to yuzu itself. 

More importantly, Nintendo cites [https://www.law.cornell.edu/uscode/text/17/1201 section 1201 of the Digital Millennium Copyright Act], an act that protects copyright holders from tampering and unauthorised access to copyrighted works as a result of tampering with copyright protection measures. DMCA is not necessarily limited to audiovisual works, instead acting as a barrier to reverse engineering as a whole for any embedded device protected by copyright, such as the Nintendo Switch itself. The legality of reverse engineering has implications on sectors wildly outside the scope of a video game emulator, and is often associated with Right to Repair as well; RE work customarily needs to be done to ensure compatibility with repair parts that aren't distributed or manufactured by the OEM. Any kind of ruling or precedent based on Nintendo's claims here will be monumental for many sectors of my personal life, including repairs and homebrew.

Nintendo notes how yuzu is meant to operate primarily on Switch consoles. They continue to raise a point about software licensing, which is valid, but largely untested in court. Software, such as Nintendo Switch video games, are licensed; not ''sold'', to users. This means that video games remain Nintendo's intellectual and physical property, even after you pay them for the license to play it. When games are distributed but not protected by any sort of technological protection measure, it is legal to make backups of software. Nintendo clarifies that the case for yuzu does not fall in this scenario.