An anonymous reader quotes a report from Ars Technica: A few months ago, the developers behind the Wii/GameCube emulator Dolphin said they were indefinitely postponing a planned Steam release, after Steam-maker Valve received a request from Nintendo to take down the emulator’s “coming soon” page. This week, after consulting with a lawyer, the team says it has decided to abandon its Steam distribution plans altogether. “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. “In the end, Valve is the one running the Steam storefront, and they have the right to allow or disallow anything they want on said storefront for any reason.”
The Dolphin team also takes pains to note that this decision was not the result of an official DMCA notice sent by Nintendo. Instead, Valve reached out to Nintendo to ask about the planned Dolphin release, at which point a Nintendo lawyer cited the DMCA in asking Valve to take down the page. At that point, the Dolphin team says, Valve “told us that we had to come to an agreement with Nintendo in order to release on Steam… But given Nintendo’s long-held stance on emulation, we find Valve’s requirement for us to get approval from Nintendo for a Steam release to be impossible. Unfortunately, that’s that.” “As for Nintendo, this incident just continues their existing stance towards emulation,” the post continues. “We don’t think that this incident should change anyone’s view of either company.”
Despite the disappointing result for the Steam release, the Dolphin team is adamant that “we do not believe that Dolphin is in any legal danger.” That’s despite the emulator’s inclusion of the Wii Common Key, which could run afoul of the DMCA’s anti-circumvention provisions. The Dolphin Team notes that the Wii Common Key has been freely shared across the Internet since its initial discovery and publication in 2008. And while that key has been in the Dolphin code base since 2009, “no one has really cared,” the team writes. […] With what they believe is a firm legal footing, the team writes that Dolphin development will continue away from Steam, but including a number of UI and quality of life features originally designed for the Steam release. Meanwhile, emulators like RetroArch and the innovative 3dSen continue to be available on Steam, with no immediate sign of a further crackdown from Valve or Nintendo.
