However, the Dolphin team is confident that this will not affect Dolphin in any way going forward. This section of the DMCA states that "no person shall circumvent a technological measure that effectively controls access to a work protected under this title" and also prohibits the trafficking of any technology that "is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title." In this case, Nintendo believes that the encryption on Wii games counts as a technological measure to control access to a copyrighted work, and that Dolphin's primary purpose is to circumvent those measures through decryption. However, Nintendo cited the use of "proprietary cryptographic keys" in its letter to Valve, claiming that because the "Dolphin emulator operates by incorporating these cryptographic keys without Nintendo’s authorization" it constitutes a violation of the anti-circumvention provisions in the DMCA. This is what the Wii uses to decrypt its games, and has been publicly available online (and in Dolphin's code) for more than 15 years. Much of the conversation surrounding Dolphin's removal from Steam revolved around the Wii Common Key. The Dolphin team believes, given Nintendo's long history of fighting emulation, that this will be impossible and have officially cancelled all plans to release Dolphin on Steam. Valve then told the Dolphin team they needed Nintendo's approval before they would allow the emulator to release on Steam. Valve's legal department initiated contact with Nintendo to inform them of Dolphin's upcoming release on Steam in response, Nintendo of America requested Valve block the release, citing the anti-circumvention provisions in the Digital Millennium Copyright Act (DMCA). ![]() ![]() The blog post begins by giving a more detailed account of what happened back in May. In a new blog post today, the Dolphin team explained what happened in more detail and what this means for the future of Dolphin. Almost two months ago, the team behind the Dolphin Emulator announced that they had put their planned Steam release on hold indefinitely following a cease and desist order from Nintendo, but did not cancel their plans outright, instead promising to review their options and come back with a more detailed response in the future.
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