And publishing software that decodes encrypted Switch ROMs is protected speech and not a copyright violation. Releasing it accompanied by a statement that said something to the effect of "here's some software that decodes encrypted Switch ROMs which you can use to pirate Switch games" makes you a party to the copyright violation. Just like I'm legally allowed to provide you with a hammer, but if I accompany that with the statement "here's something you can use to murder your neighbour" all of a sudden I'm a party to a crime.
deafpolygon|1 year ago
DMCA makes it illegal to circumvent technological protection measures that control access to copyrighted works. Bypassing these measures can be considered a violation.
Court cases have often ruled against the First Amendment protections, ruling that publishing software to bypass encrypted is not encrypted. This is like handing someone a gun, and then watching them commit a crime. You're suddenly a party to it, even if you never encouraged or endorsed the illegal act.
Cases such as Universal City Studios, Inc. v. Corley and MDY Industries, LLC v. Blizzard Entertainment, Inc. have upheld the enforcement of the DMCA in situations where software was designed to circumvent encryption or other digital rights management technologies. These cases indicate that creating and distributing decryption tools for copyrighted materials (such as Switch ROMs) would likely not be protected speech.
So, there is precedence.