Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

Nintendo's aggressive stance against emulation is well-documented. The company's legal actions have resulted in significant financial penalties for emulator developers and distributors of piracy tools. In 2024, developers of the Yuzu and Ryujinx Switch emulators faced legal repercussions, with Yuzu settling for $2.4 million in damages and Ryujinx ceasing development after contact from Nintendo. Similar pressure was applied to the Dolphin GameCube/Wii emulator, preventing a full Steam release. The high-profile case of Gary Bowser, who was ordered to pay $14.5 million for reselling devices that bypassed Nintendo Switch anti-piracy measures, further highlights Nintendo's commitment to protecting its intellectual property.

A recent report from Denfaminicogamer (via VGC) sheds light on Nintendo's legal strategy. Koji Nishiura, a patent attorney and Assistant Manager of Nintendo's Intellectual Property Division, explained that while emulators themselves aren't inherently illegal, their use can become illegal depending on how they interact with copyrighted software. Specifically, emulators that copy game programs or disable console security mechanisms may infringe on copyright laws. This is largely based on Japan's Unfair Competition Prevention Act (UCPA), which limits Nintendo's reach internationally.

Nishiura used the Nintendo DS "R4" card as an example. This device allowed users to play pirated games, leading to a legal victory for Nintendo and effectively ending R4 sales in 2009. He also highlighted the illegality of "reach apps," third-party tools that facilitate the download of pirated software within emulators (such as the 3DS's "Freeshop" and the Switch's "Tinfoil"). Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, linking the emulator's Patreon revenue to this piracy.