this post was submitted on 01 Oct 2024
170 points (100.0% liked)
Emulation
3523 readers
1 users here now
Community to talk about emulation & roms.
RULES:
1.) No bigotry
LINKS:
-
Emulation Wiki - Your source for everything emulation :)
-
[WIP] Emulation Links Wiki - My personal wiki for emulation links, please help contribute!
-
r/Roms Megathread - Megathread of Roms
-
RetroArch - RetroArch is the popular front-end to libretro which is a simple API that allows for the creation of games and emulators.
founded 4 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
dunping games is drm breaking, and depends on which country you live in on whether its legal or not.
I don't understand why you are downvoted, we might not like it, but it's true. Circumventing drm is not legal.
The DMCA states: No person shall circumvent a technological measure that effectively controls access to a work protected under this title.
And defines circumventing as: (A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
(B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
Which means that it doesn't even need to be good drm, a rot13 'encryption' is good enough.
Violations of the DMCA can be criminal and can result in prison time.
Dumping a game cart or digital download on switch cannot be done without circumventing drm, and is therefore, unequivocally illegal, unfortunately.
some people vote by emotion which I don't mind downvotes by any means, as long as theyre aware that thats kinda what reality is. Im pro dumping and extremely pro emulation, but im not gonna sit here and say that circumventing drm is legal in every country in the world.
It is legal to circumvent DRM in certain cases. Format shifting is one such case.
also iirc it doesnt cirvumvent the drm. it dumps the whole cart, including the drm itself.
There is no way to access the dump without circumventing the switch itself's encryption, as you need to do it on a modified switch and as far as I know the exemptions provided for DMCA are for scenarios where it's effectively impossible or extremely difficult to use the software in a non infringing way, (other exemptions are generally quite specific) which could be argued for out of circulation consoles and games, but would not stand for an in production generally available console and it's games.
I've never heard of exemptions for format shifting exemption for circumventing copy protection. I've heard it argued in the case of things like ripping a CD that has no copy protection in place though.
You aren't "circumventing the switches encryption" whatever that means. You're putting it in debug mode. Not to mention it being illegal to softmod your own hardware is insane.
And the same format shifting exemption applies to blueray which does have DRM.
Ok, first off, installing custom firmware on a switch involves a lot more than entering rcm, that's one step yes, but not the entire process. 'soft-modding' a release switch, uses a hardware exploit on tegra SOCs that allows the device to bypass (the encrypted) bootloader on the switch by way of injecting a custom payload in recovery (not debug) mode.
This isn't even an argument so I don't know you are saying this, it's settled in criminal and civil court, Doug Bowser went to jail for this exactly, specifically, conspiracy to circumvent, and trafficking circumvention tools.
Otherwise you should actually read the DMCA, I can't find any mention of format shifting broadly and exemptions provided are very specific.
I should add, it doesn't actually matter how good an attempt of DRM is for it to be illegal. The fact that Nintendo made a mistake in allowing the ability (through unintended use of the hardware) to enter rcm, does not magically make it legal. the DRM just needs to be a clear effort and intention.
I'm not saying I agree with it, but it's the reality of the world we live in.
Edit: can you actually provide any info on where you are getting that it's legal to crack blu ray encryption?
Actually that's incorrect. It falls under format shifting and is therefore legal
format shifting is not a globally recognized right, again, goes back into the situation where the laws vary globally
Fair, I thought you were the same user talking about the DMCA. You're correct that it varies based on laws.
basically it goes over the whole process in general, and each country enforces and has laws of various degress on it. For example, with console dumping and flashcarts int he US are deemed illegal. Nintendo has already sucessfully shut down some stores that offer modding services without even necessarily offering up the illegal goods. Flash cart companies online already go through lengths in order to help the customer "avoid customs" as flash carts legally speaking, aren't legal to buy in the U.S, and normally is supposed to be confiscated at the border. Not all agents are aware of it though as it's not as strictly enforced and known like drugs or weapons would be.
It's a field where not many want to challenge said law.