Home News Nintendo Lawyer Addresses Piracy & Emulation Measures

Nintendo Lawyer Addresses Piracy & Emulation Measures

Author : Christopher Feb 21,2025

Nintendo's aggressive stance against emulation is well-documented. Recent examples include the $2.4 million settlement with Yuzu emulator developers in March 2024, the October 2024 cessation of Ryujinx development following Nintendo's intervention, and the legal advice preventing a full Steam release of the Gamecube/Wii emulator Dolphin in 2023 due to Nintendo's pressure. The 2023 case against Gary Bowser, who sold devices circumventing Nintendo Switch anti-piracy measures, resulting in a $14.5 million debt, further highlights this approach.

A Nintendo patent attorney, Koji Nishiura, recently shed light on the company's strategy at Tokyo eSports Festa 2025. While emulators aren't inherently illegal, Nishiura clarified that their use can become illegal depending on functionality. Specifically, emulators copying game programs or disabling console security measures may infringe on copyright, a point reinforced by Japan's Unfair Competition Prevention Act (UCPA). The UCPA's limited jurisdiction, however, restricts Nintendo's ability to pursue international legal action.

The presentation used the Nintendo DS "R4" card as a case study. This device allowed users to play pirated games, leading to a successful UCPA lawsuit against its manufacturers and distributors, effectively banning its sales in 2009. Nishiura also highlighted "reach apps," Japanese legal terminology for third-party tools facilitating pirated software downloads within emulators (like the 3DS's "Freeshop" or the Switch's "Tinfoil"). These, too, violate copyright law.

Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, alleging that Yuzu's Patreon generated $30,000 monthly through premium features offering early access and updates to games like Tears of the Kingdom.

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