Nintendo has a well-documented history of aggressively pursuing legal action against those involved in emulation and piracy, as highlighted by several high-profile cases in recent years. In March 2024, the developers of the Nintendo Switch emulator Yuzu were compelled to pay $2.4 million in damages following a settlement with Nintendo. This action underscored Nintendo's stringent stance on emulators. Similarly, in October 2024, the development of another Switch emulator, Ryujinx, was halted after receiving a notice from Nintendo. Additionally, in 2023, the Dolphin emulator team for Gamecube and Wii was cautioned against releasing on Steam due to legal threats from Nintendo communicated through Valve.
A notable case involved Gary Bowser, who in 2023 faced charges for selling Team Xecuter products that enabled users to bypass the Nintendo Switch's anti-piracy measures. Bowser was ordered to pay a staggering $14.5 million in restitution to Nintendo, a debt he is expected to pay for the rest of his life.
At Tokyo eSports Festa 2025, Koji Nishiura, a patent attorney and Assistant Manager of Nintendo's Intellectual Property Division, shed light on the company's legal perspective on emulation and piracy. He pointed out that while emulators themselves are not inherently illegal, their use can become illegal if they copy game programs or disable console security mechanisms. This stance is reinforced by Japan's Unfair Competition Prevention Act (UCPA), which, although enforceable only within Japan, underpins Nintendo's legal strategy.
Nishiura referenced the case of the Nintendo DS "R4" card, which allowed users to run pirated games, leading to a successful legal action by Nintendo and 50 other software companies against its manufacturers and resellers in 2009. He also highlighted "reach apps," such as the 3DS's "Freeshop" and the Switch's "Tinfoil," which facilitate the download of pirated software within emulators, as violations of copyright law.
In the lawsuit against Yuzu, Nintendo alleged that The Legend of Zelda: Tears of the Kingdom was pirated over one million times, facilitated by Yuzu's Patreon page that offered subscribers early access and special features, generating significant monthly revenue for its developers.
Nintendo's proactive legal measures against emulation and piracy reflect a broader strategy to protect its intellectual property and maintain control over its gaming ecosystem.
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