alt Hacker NewsRight - the trouble is now that we're seeing emulators and recompilers that are obviously derivative works of NDA-restricted SDKs.
These SDKs are lavishly documented, full of worked examples and have top-notch toolchains. More than enough for Claude and a really big stack of tokens to turn into an emulator.
So who's to tell whether a new emulator didn't come from forbidden information? If there are any honest efforts left, this will surely drown them.
I don't think it works that way. Putting information behind an NDA does not make it "forbidden information" that nobody can ever use. It means that one party (the one who signed the NDA) can't disclose it. To the extent someone either violates the NDA or the owner is sloppy and posts the information publicly, there are no restrictions on what people NOT party to the NDA can do with it.
Nintendo (and others) are free to go after those who violate NDAs, and to go after scrapers or whatnot, but they can't declare the information itself off-limits to everyone.