It's worse, actually. They must also argue to a judge that:
Developing or distributing software, including Yuzu, that in its ordinary course functions only when cryptographic keys are integrated without authorization, violates the Digital Millennium Copyright Act’s prohibition on trafficking in devices that circumvent effective technological measures, because the software is primarily designed for the purpose of circumventing technological measures.
It's worse, actually. They must also argue to a judge that:
The only good way this could end is if the NSAetc were forced to stop because of DMCA.