Today, GitLab took swift action by cutting off access to the Nintendo Switch emulator Suyu and disabling the accounts of its developers. This action came in response to what seems to be a concerning email in the form of a DMCA takedown request.
The move highlights the ongoing battle between emulation enthusiasts and copyright holders, particularly in the gaming industry. While emulators can serve legitimate purposes such as preserving gaming history, they often tread a fine line when it comes to copyright infringement. Let’s find out what’s going on!!
GitLab Removed The Suyu Nintendo Switch Emulator
GitLab has taken down the Suyu Nintendo Switch emulator https://t.co/9TMzmaCl2u
— GBAtemp (@GBAtemp) March 21, 2024
A spokesperson for GitLab said, “GitLab received a DMCA takedown notice from a representative of the rightsholder and followed our standard process outlined here.”
This isn’t about Nintendo now owning Yuzu’s code, or maybe even Nintendo at all. Suyu is a copy of Yuzu, the emulator that Nintendo sued and won. Nintendo didn’t always get the rights to Yuzu’s code in the deal, and GitLab didn’t let news outlets know that Nintendo was behind the removal.
The person who sent the takedown request is trying to use the fact that Yuzu supposedly broke DMCA 1201 by getting around Nintendo’s technical protection measures as an excuse. You can see this in the email above, which is one of several being shared in Suyu’s Discord. While they’re at it, they might also threaten GitLab with illegal trading, which is part of DMCA 1201.
Several lawyers told us two years ago that a proper DMCA takedown request should include “Identification of the copyrighted work claimed to have been infringed” and that DMCA 1201 and 512 are two different laws that deal with removal requests. Also, Suyu has said that it doesn’t have the same ways to get around restrictions as Yuzu.
The lawyers also said that it doesn’t matter if something is true or not because a site like GitLab doesn’t have to host anything it doesn’t want to host. To protect something you might not even want to protect, it might not be worth your time and effort to fight back against a legal DMCA takedown request.
GitLab didn’t answer right away when asked if it’s against company policy to delete users’ accounts before giving them a chance to delete their projects or file a DMCA counter-notice.
GitLab’s online manual only says, “We may, in appropriate circumstances, disable access or terminate the account(s) of the reported user(s).” It doesn’t say why the company might decide to stop or ban a user from its platform.
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