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World177 | 2 years ago

Valve didn’t receive a cease and desist. (edit: Well, they did, but from this post's author, Valve initiated the conversation, not Nintendo)

> In this case, none of this process was followed. To the best of my understanding, this is what happened:

> 1. Valve legal contacted Nintendo of America to ask "hey, what do you think about Dolphin?"

> 2. Nintendo replied to Valve "we think it's bad and also that it violates the DMCA anti-circumvention provisions" (note: nothing about violating copyright itself). Also "please take it down".

> 3. Valve legal takes it down and forwards NoA's reply to the Dolphin Foundation contact address.

edit: I think their note isn't exactly accurate either. As far as I know, the anti-circumvention provisions are a part of DMCA and copyright as a whole. Though, this does not sound like it was a proactive decision by Nintendo, so I am doubtful they have plans to sue the organization behind Dolphin's emulator.

edit 2: Though, the response back to Valve, however it may have occurred, was the following

> Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)’s Anti-Circumvention and AntiTrafficking provisions, 17 U.S.C. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store

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