Discord shut down servers of Nintendo Switch emulators and deleted their developers’ accounts without any explanation

Discord has shut down the servers of Nintendo Switch emulators Suyu and Sudachi and completely blocked the accounts of their developers, The Verge reports. The company does not comment on why it took such measures.

Both Suyu and Sudachi started out as forks of Yuzu, an emulator that Nintendo sued in court on March 4. But this is no longer the case, the projects have been rewritten and have nothing to do with Yuzu.

“Discord responds to and complies with all legal and valid Digital Millennium Copyright Act requests. In this instance, there was also a court ordered injunction for the takedown of these materials, and we took action in a manner consistent with the court order,” Kellyn Slone, Discord’s director of product communications, said in a statement.

The developers of Suyu and Sudachi received very general notices that they had shared content that allegedly infringed intellectual property rights. Meanwhile, Discord says it follows its normal procedure for handling DMCA takedown requests – but it is not at all clear whether there was a valid DMCA takedown request, whether these communities actually infringed intellectual property rights, and it is possible that Discord is not following its own policy in kicking them out.

Yuzu settled the conflict with Nintendo with a settlement agreement, which means that Nintendo did not receive the rights to the Yuzu code under the GPL v3. The Yuzu fork developers also claimed that they continued to modify the code in an effort not to annoy Nintendo. And this code was not posted on Discord in any case.

But it’s quite possible that server members shared Nintendo cryptographic keys, firmware, or even pirated games on these servers. After all, most people who are interested in a Nintendo Switch emulator want to play Nintendo games on it. But after the servers went down, it’s hard to prove it.

Even if Suyu and Sudachi were copyright infringers, Discord’s policy does not provide for the complete removal of servers after one warning. Discord did not respond to questions about whether these users were repeat copyright infringers, whether they had received previous warnings, or whether they had sent takedown requests.

Developer Sudachi says it came out of the blue.

“Their first email was that my account has broken the TOS, with no additional information,” he said.

The developer claims that he did not do anything illegal. Later, he was told that it had something to do with intellectual property, but he says that Discord has not yet provided him with any details.