>(A)to “circumvent protection afforded by a technological measure” means avoiding, bypassing, removing, deactivating, or otherwise impairing a technological measure;
If this is what Nintendo alleges yuzu facilitates, does Nintendo have a case?
Reimplementing the security measures seems like a reaffirmation of the security measures, not an impairment.
IANAL and I've never used a switch emulator before, but if you have a feature for supplying keys to play proprietary games then I believe that constitutes as bypassing a technological protection mechanism. However, if that same feature is used to allow supplying self-signed keys to play custom software/homebrew, and there's no other way to do this, then it might be murky.
If this is what Nintendo alleges yuzu facilitates, does Nintendo have a case?
Reimplementing the security measures seems like a reaffirmation of the security measures, not an impairment.