Well that blew up, huh? If you follow emulation or just gaming on the whole, you've probably heard about the controversy around the Dolphin Steam release and the Wii Common Key. There's been a lot of conclusions made, and while we've wanted to defend ourselves, we thought it would be prudent to contact lawyers first to make sure that our understanding of the situation was legally sound. That took some time, which was frustrating to ourselves and to our users, but now we are educated and ready to give an informed response.
In the article they actually state they believe it is actually better to have the keys included and not rely on some method of inserting them.
After this situation blew up, we received many requests, and even some demands, to remove all Wii keys from our codebase. We’re disappointed that so many people on YouTube and social media didn’t even consider that maybe the team had done their research and risk analysis before including the keys, and just assumed that now that it was “pointed out to us” we would remove them. However, we do not think that including the Wii Common Key actually matters - the law could easily be interpreted to say that circumventing a Wii disc’s encryption by any means is a violation. As such, it is our interpetation that removing the Wii keys would not change whether the exemption in 17 U.S.C. § 1201(f) applies to us or not.
In fact, we think that offloading decryption tasks onto a potential 3rd party application would make the situation worse for everyone. As such, we believe leaving the keys as they are is the best course of action.
@Creesch Not everyone agrees with this approach. That’s why it is controversial. But fact is, it is a risk to include the keys for anyone hosting the emulator, until it’s crisp and clear decided by court or by Nintendo. Until then we (the community), or the dev team, nor any lawyer knows with certainty if this is allowed or not. And that is the problem; we don’t know.
Fyi, you don’t need to ping someone when replying to them ;)
Anyway, yeah I get that it is controversial or already was. But you said it in isolation while the blog post explicitly goes into that choice which I think is important for context.
I know, but I add the id (its automated anyway) because it makes it a bit easier to follow discussion if others reply too. In example the upvotes will change the order (in my view at least) and I would need to scroll up and down to see who the answer was to. Doesn’t matter too much, but if it does not hurt, then I would continue like this. Or does it somehow spam the notification? Then I would reconsider this approach, as my goal is not to annoy anyone.
As for the legal stuff; there is not much else to say for us about the situation.
In the article they actually state they believe it is actually better to have the keys included and not rely on some method of inserting them.
@Creesch Not everyone agrees with this approach. That’s why it is controversial. But fact is, it is a risk to include the keys for anyone hosting the emulator, until it’s crisp and clear decided by court or by Nintendo. Until then we (the community), or the dev team, nor any lawyer knows with certainty if this is allowed or not. And that is the problem; we don’t know.
Fyi, you don’t need to ping someone when replying to them ;)
Anyway, yeah I get that it is controversial or already was. But you said it in isolation while the blog post explicitly goes into that choice which I think is important for context.
I know, but I add the id (its automated anyway) because it makes it a bit easier to follow discussion if others reply too. In example the upvotes will change the order (in my view at least) and I would need to scroll up and down to see who the answer was to. Doesn’t matter too much, but if it does not hurt, then I would continue like this. Or does it somehow spam the notification? Then I would reconsider this approach, as my goal is not to annoy anyone.
As for the legal stuff; there is not much else to say for us about the situation.
In that case, just continue :) I just did happen to notice it but it doesn’t lead to extra notifications or annoyances.