Github connecting devs with legal resources as Nintendo takes down 8,535 projects

Github is directing a number of developers to legal resources following a mass takedown by Nintendo that has affected over 8000 projects.

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Earlier this year, Nintendo Switch emulator Yuzu was forced to shut down, with developers Tropical Haze asked to pay Nintendo £1.9million as part of a settlement agreement.

“Yuzu and its team have always been against piracy. We started the projects in good faith, out of passion for Nintendo and its consoles and games, and were not intending to cause harm. But we see now that because our projects can circumvent Nintendo’s technological protection measures and allow users to play games outside of authorized hardware, they have led to extensive piracy,” the developer wrote in a post on social media, with a number of titles from across Nintendo’s back catalogue unavailable to legally purchase for modern consoles.

Earlier this week, Nintendo filed a single DMCA takedown notice aimed at Github projects which had been created using Yuzu code, with 8,535 projects affected (via TorrentFreak).

Hitting back at Nintendo, Github shared a public response to the takedown that explained the developer platform had “contacted the owners of the parent repositories to give them an opportunity to make changes” before disabling any content in relation to this takedown notice.

WOW, Nintendo issued over 8500 DMCAs to github forks/clones of Yuzu today. pic.twitter.com/A0Q3yZVLUt

— Mr. Sujano (@MrSujano) May 2, 2024

Github also “provided information to all affected repository owners on how to submit a DMCA Counter Notice [and] offered to connect all affected repository owners with legal resources as part of our commitment to standing up for developers”.

“Know that GitHub and developers have the opportunity and a voice to advocate for changes in law and public policy to better support software development,” added the platform.

As part of their case against Yuzu, Nintendo claimed that The Legend Of Zelda: Tears Of The Kingdom was pirated over a million times in the weeks before its official release.

Recently, the developer of the cancelled Portal 64 demake said the project was “probably doomed from the beginning because it depends on Nintendo‘s proprietary libraries,” while “Nintendo Hacker” Gary Bowser said his 40-month jail sentence and huge fine was a “warning” to others.

Elsewhere Garry’s Mod, a popular and long-running physics sandbox, has announced it will be taking down “certain Nintendo related workshop items” following requests from Nintendo itself.

In 2021, non-profit organisation The Video Game History Organisation said Nintendo’s approach to game preservation was “actively destructive”.

In other news, FromSoftware is gearing up to launch Elden Ring expansion Shadow Of The Erdtree, but the studio has also hinted that a sequel could be in the works.

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