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Cake day: September 18th, 2023

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  • Nintendo cares a lot about killing off emulation and ROM hosting wherever they can, actually. They send out cease and desist letters all the time and many projects and websites have been killed because of it. Thousands, I think, from single-person projects like “Another Metroid 2 Remake” all the way up to Team Xecuter. I think one of the Switch emulators that was in progress a couple years ago got killed off by the lawyers.

    The catch is that reverse-engineered emulators being made without any Nintendo code, and made without the intention of profit, are not a violation of copyright law or Nintendo licensing and Nintendo has no grounds to sue the makers. But they’re always keeping an eye on such projects waiting for something actionable.

    This is why any given Nintendo emulator website or Github repository you can find will have zero links to any ROMs or any sources for them – because anything like that will get an immediate letter and possible lawsuit.

    Edit: I remembered right, Yuzu actually got sued and had to pay Nintendo 2.4 million USD. It’s also dead in the water. https://www.pcgamer.com/software/nintendo-v-yuzu-switch-emulator-shut-down-settlement/



















  • The Supreme Court idea of judicial review was, essentially, created by an early Chief Justice using the classic children’s excuse “the rules don’t say I can’t do this so therefore I’m doing it and you can’t stop me”

    Edit: I had this somewhat wrong. After reading, it seems a lot of the people who wrote and debated on the Constitution wrote strongly in support of judicial review, and it was in fact voted on and approved by multiple state legislatures after the Constitution was adopted. It simply wasn’t worded explicitly into the Constitution. Chief Justice John Marshall did issue an official ruling that made it a standard practice but it was not a new concept.