LogFAQs > #979093863

Killmonger posted...

If they using their own code, wouldnt it be in their rights to ask for donations via Patreon?

Contrary to popular belief, whether you're making money or not has absolutely nothing to do with if you're infringing on intellectual property outside of strange situations like CC licenses.

Nintendo reserves all rights so you cannot "get away with it" just because you don't ask for money. Asking for money is only a problem because it increases visibility and paints a target on you, but it's still illegal if it's free. Collecting money on your IP theft also doesn't hurt your chances in court in any way because it's irrelevant. Might impact damages if found liable but won't affect if you're found liable at all.

The only thing that's going to matter in this case is if Nintendo can convince a jury that Yuzu is "Primarily for piracy" which is illegal under the dmca.