this post was submitted on 01 Oct 2024
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I don't see any way you could argue a video game isn't computer software. It literally just is.
Nintendo could try make up something like "it's not computer software since the Switch is a console, not a computer" or something like that. Not a great argument, but they have good lawyers and could probably convince a court that it's true.
But the game is running on a computer with the emulator which still strongly lends to it being software
I think I somewhat recall during the peak Wii U disaster era, during shareholder meetings Nintendo would call the games for the system "Software". So, that'd definitely backfire on them I'm sure