That's a list of dumped ROMs. (Posted in 2018, BTW) Notice the "402241866935828490" in the URL? That's the ID of the #support-dumping channel on the Yuzu Discord. Like I said, the Yuzu moderators were very happy to look away when people discussed ROM piracy.
You're correct. It looks to me like the Yuzu team set everything up with the best of intentions. And they were, indeed, helping people dump their own games and they had channel rules that said piracy was not allowed. They started out like an ethical open source project ...
... but around April/May 2023 the moderators made it very clear that it's good enough to PRETEND not pirating the roms. (Can't find the quote atm.) And they were discussing among the mods about people joining due to the TotK leak. And there's hundreds of people who ask "Where can I download game XY?" followed by "Thank you, kind stranger, for the link." and then maybe the rules bot saying "please don't discuss piracy in here".
That all combined makes it easy to argue that the moderators in the Yuzu discord were in April 2023 fully aware that they were actively helping people play the TotK leak. And through Discord and their company, they made money off this activity. (Because you needed the early-access build only available to paid subscribers. They went out of their way to make it close to impossible to compile the supposedly "open" source code yourself.)
"Someone posted a screenshot of a separate torrent's contents in their server 5+ years ago", with no context into why someone posted it or what moderation actions were taken in response, is poor evidence to your accusation.
There's a lot of stuff in that discord that can cause trouble for the moderators. Also, how do you think a lawyer would interpret this:
moderator: "Since April 29th, we've had about 50,000 members join"
random person: "Let's be honest, 40k of that was the zombie horde who rushed the gates when TotK leaked"
moderator: "The support we've been receiving has been incredible Very happy with our community, and we're all honored to be able to provide great software to all our users."
I mean you make a few good points but I specifically called out your TotK edit because it doesn’t seem directly attributable to their team. It’s not like the yuzu people hacked Nintendo. That they may have encouraged piracy on their discord is not really relevant considering what your quote implies (that they somehow helped TotK leak). In any case, I played that leak on my actual switch and subsequently purchased the game as well because it’s amazing. You’re welcome to call me a bad person for doing that, but I would just say that it’s a nuanced issue and people probably don’t deserve to have their lives straight up ruined for it.
This settlement will probably not ruin people's lives, because no person has been sued. It'll ruin their liability-limited company, who had been profiting financially off all of this, but if the liability limit works as intended, then the actual Yuzu developers are shielded from the effects of this lawsuit.
And the reason why I consider the TotK leak problematic is because the moderators were joking about all the new patreon subscribers caused by it. And that means they were, at that time, fully aware that they are enabling large-scale piracy. And their company was making money off it.
The estimate discussed in the discord was 40k leak players, which at $60 each would be 2.4 mio in lost sales. By coincidence, that also matches the settlement amount that Nintendo asked for ;)
The game was leaked. How is that the fault of the yuzu devs?