Kellen Voyer, an attorney who specializes in intellectual property and technology law spoke with PCGamer and said, 'Here, there is no allegation that Valve is currently hosting anything that infringes Nintendo’s copyright or, more broadly, violates the DMCA. Originally reported by PCGamer, this is not actually a DMCA takedown, just the warning of one. We appreciate your patience in the meantime. We are currently investigating our options and will have a more in-depth response in the near future. 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.

Given Nintendo’s history of taking action against some emulators, we brought this to their attention proactively after the Dolphin team announced it was coming soon to Steam.īased on the letter we received, Nintendo and the Dolphin team have a clear legal dispute between them, and Valve can’t sit in judgment.It is with much disappointment that we have to announce that the Dolphin on Steam release has been indefinitely postponed. We don’t want to ship an application we know could be taken down, because that can be disruptive to Steam users. An accusation of copyright infringement, for example, can be handled under the DMCA process, but other disputes (like trademark infringement or a breach of contract claim between a developer and a publisher) don’t have a statutory dispute resolution process, so in these cases we generally will cease distributing the material until the parties tell Valve that they have resolved their dispute. Sometimes third parties raise legal objections to things on Steam, but Valve isn’t well positioned to judge those disputes – the parties have to go to court, or negotiate between themselves. We operate Steam as an open platform, but that relies on creators shipping only things they have the legal right to distribute.

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