Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

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 resold devices enabling Nintendo Switch piracy, resulted in a $14.5 million judgment.

A Nintendo patent attorney, Koji Nishiura, recently shed light on the company's legal strategy at Tokyo eSports Festa 2025. While emulators aren't inherently illegal, Nishiura clarified that their use can become illegal under certain circumstances. Specifically, emulators that copy game programs or bypass console security measures may infringe on copyright.

This is primarily based on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's extraterritorial reach. The case of the Nintendo DS "R4" card, which enabled piracy, serves as a precedent. Nintendo successfully argued that its manufacturers and resellers violated the UCPA, leading to the R4's 2009 ban in Japan.

Nishiura also highlighted the illegality of tools facilitating pirated software downloads within emulators, citing examples like the 3DS's "Freeshop" and the Switch's "Tinfoil." These "reach apps" 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 features like early access to games like Tears of the Kingdom.