News Summary

• And while that key has been in the Dolphin code base since 2009, "no one has really cared," the team writes.Moreover, the dev team writes that they "have a very strong argument that Dolphin is not primarily designed or produced for the purpose of circumventing protection."
• That "primarily" is the key bit of language in the DMCA provision Nintendo cited in its letter to Valve, arguing that Dolphin is "traffic[king] in a technology... that... is primarily designed or produced for the purpose of circumventing a technological measure.
• The reason the lawyers representing Nintendo would make such a leap is because they wished to create a narrative where the DMCA's exemptions do not apply to us, as these exemptions are powerful and widely in our favor.
• Regardless, though, the team writes that the inclusion of the Wii Common Key in its source code should not affect that legal analysis.
• "The Dolphin Team does allow that "the law could easily be interpreted to say that circumventing a Wii disc's encryption by any means is a violation."
• Kyle Orland - Jul 21, 2023 12:27 pm UTC "Valve ultimately runs the store and can set any condition they wish for software to appear on it," the team wrote in a blog post on Thursday.