texts don’t need to be institutionally affiliated or even necessarily self-consciously academic in tone as long as they are rigorous/methodologically sound. it also definitely doesn’t need to be math/sciences writing and can come from humanities etc. perspectives as long as that perspective is not “game studies.”
The seminal case re: emulators in the US is interesting in 2021 because while it’s not “on point” for the questions about Apple’s platform monopolies, it does provocatively find that emulators are transformative works that compete with the original console. Parallels but not precedent.
The district court found that" [t]o the extent that such a substitution [of Connectix’s Virtual Game Station for Sony PlayStation console] occurs, Sony will lose console sales and profits." Order at 19. We recognize that this may be so. But because the Virtual Game Station is transformative, and does not merely supplant the PlayStation console, the Virtual Game Station is a legitimate competitor in the market for platforms on which Sony and Sony-licensed games can be played. See Sega, 977 F.2d at 1522-23. For this reason, some economic loss by Sony as a result of this competition does not compel a finding of no fair use. Sony understandably seeks control over the market for devices that play games Sony produces or licenses. The copyright law, however, does not confer such a monopoly.