Is there any way to play games (legally) on this if you don't have a Switch to dump them from? Is it possible to buy Switch games through a web browser?
So every new one you buy is almost definitely a patched V2, and all the Switch Lites and OLEDs are not jailbrakable either, without soldering a modchip.
You just slide something like this:
https://www.amazon.com/Nintendo-Switch-Short-Connector-Recov...
Into the controller slide and enable it when you want RCM access.
But if you own the game, does it matter how you got the ROM?
It does from a legal standpoint. In many countries, making your own backup copies of your games for personal use is legal (although anti-circumvention laws like the DMCA blur the lines here) but obtaining a backup copy from someone else, regardless of whether or not it is a copy of a game you already own, is not; at best it is a legal gray area.
Most countries allow downloads. They usually specifically target torrent users because a typical torrent user is making the file available to others while downloading. It doesn't apply if you download with a protocol (like http/https/ftp) that doesn't make you share the file.
I promise I thought that website was legit and was offering free licences for Super Mario![1]
[1] Apparently it works with software, you can purchase licence keys of Microsoft products (OS, Office) at roughly 5% of the original price through "reputable vendors".
It's comparable to buying a bicycle worth 800 euro for 20 from a drug addict. Even if you don't know it's stolen, you're guilty of fencing.
You aren't reproducing, distributing, performing, publicly displaying, or making a derivative work. *The uploader is the one reproducing the work, see Disney v. VidAngel
And under fair use 3 of the four points would be in your favor, but that isn't determinative
I don't see where you are getting the uploader is the one reproducing the work rather than both parties were? Also that appears to have been a streaming case so not really relevant?
As far as I am aware, in US law, there is no subject code specifically for and simply for possessing/receiving pirated material (unless it's legislated in some other manner: CP, private govt documents, etc). Despite many court attempts to argue that "downloading" is equivalent to "making a copy".
This is why, during the MPAA/RIAA war against p2p, they specifically targeted the fact that all users were mesh sharing files. It's why one user was charged millions for "sharing a file a multitude of times" and another was let off completely free for sharing a minuscule percentage of many downloaded files.
You have to look at the case law.
This article on contributory infringement seems relevant and states:
"One who knowingly induces, causes or materially contributes to copyright infringement, by another but who has not committed or participated in the infringing acts themselves, may be held liable as a contributory infringer if they had knowledge, or reason to know, of the infringement. See, e.g., Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005); Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984)."
https://www.law.cornell.edu/wex/contributory_infringement#:~....
"This is why, during the MPAA/RIAA war against p2p, they specifically targeted the fact that all users were mesh sharing files."
They probably did that because they wanted to make an example of someone, so they went with whoever would be easiest to win a large judgement against. If someone merely downloaded a copy, the judgment against them would be smaller.
I certainly don't see how someone downloading pirated content isn't a contributory infringer at the very least.
It is true that doesn't mean customers were in the clear. But it's impossible to prove a negative. There are zero copyright cases for streaming customers or downloading without also uploading via p2p.
Are you aware of any case law that finds otherwise?
It's a streaming case against a single plaintiff, a lot of previous cases are not going to be relevant.
"Are you aware of any case law that finds otherwise?"
I'm aware how courts tend to view these sorts of things in general. For example I'm aware of the concept of contributory infringement, here's one you may want to read that covers copyright contributory infringement: https://www.law.cornell.edu/wex/contributory_infringement#:~....
https://www.nintendo.com/store/games/nintendo-switch-games/#...
You won't be able to download or dump them without a Switch though.