If a ruling went in Dolphin's favor, it would likewise be a major vindication for the emulation scene. A ruling in either direction would have far-reaching implications for emulation, as most if not all emulators of modern game systems could likely be held in violation of the DMCA's anti-circumvention provisions if Nintendo were to win the case. The bigger questions are whether Nintendo would issue an official DMCA takedown notice if Dolphin was released on Steam or truly pursue legal action-and if it did, what would happen. But in Friday's incident, Valve voluntarily chose to remove Dolphin's Steam store page simply based on a warning from Nintendo, meaning Dolphin's only route back onto the store is a discussion with Valve.

If it didn't Dolphin could then potentially be re-added to Steam. If the team did file a counterclaim, as explained by Copyright Alliance, Nintendo would have two weeks to decide whether to sue. In a standard takedown situation, the Dolphin development team would have the option to file a counter-notice with Valve if it believed the emulator did not violate the DMCA.

However, as this letter was a 'warning shot' rather than a notice of specific copyright infringement, it does not follow the mechanism of a DMCA takedown. Under the DMCA, takedown notices are sent to service providers-Valve, in this case-who then must notify the allegedly infringing party. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store,' reads the document. 'Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)’s Anti-Circumvention and AntiTrafficking provisions, 17 U.S.C. The legal notice, reviewed by PC Gamer, is addressed to Valve's legal department and dated May 26, 2023.

This has been the product of many months of work, and we look forward to getting it into users' hands soon!' The development team launched a Steam page on March 28 and announced it on the Dolphin blog, writing: 'We're pleased to finally tell the world of our experiment.

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