Dolphin emulator Steam release delayed indefinitely following Nintendo DMCA notice

Valve has delisted Dolphin from Steam after receiving a Digital Millennium Copyright Act (DMCA) takedown notice from Nintendo. In late March, the developers of Dolphin, an open source emulator that can run most GameCube and Wii titles, said they were planning to bring the free app to Valve’s storefront later this year. In a May 26th legal notice seen by PC Gamer, Nintendo's legal team asked Valve to remove Dolphin from Steam, claiming the emulator violates the company’s intellectual property rights.

"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. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store," the document states.

With the notice, the Dolphin team has two options on how to move forward. It can either file a counter-claim with Valve, arguing the emulator doesn’t violate the DMCA as claimed by Nintendo, or it can choose to comply with the takedown notice. If the team files a counter-notice, Nintendo would have two weeks to decide whether to file a lawsuit. As PC Gamer notes, it’s unclear if the company actually intends to pursue legal action against Dolphin. However, if a case were to go to court, it could have far-reaching implications for emulators. For the time being, the Dolphin team says it’s deciding what to do next.

“It is with much disappointment that we have to announce that the Dolphin on Steam release has been indefinitely postponed,” the Dolphin Emulation Project said Friday. “We were notified by Valve that Nintendo has issued a cease and desist citing the DMCA against Dolphin's Steam page, and have removed Dolphin from Steam until the matter is settled. We are currently investigating our options and will have a more in-depth response in the near future.” As of the writing of this story, you can still download the Dolphin emulator from the project’s website and GitHub page. The Dolphin team did not receive a direct takedown notice from Nintendo.

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