Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

Nintendo's aggressive stance against emulation and piracy 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 legal pressure. The 2023 case against Gary Bowser, who sold devices allowing 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 specific circumstances. Emulators that copy game programs or bypass console security measures may infringe copyright, particularly under Japan's Unfair Competition Prevention Act (UCPA). This act, however, primarily applies within Japan, limiting Nintendo's international legal reach.

The Nintendo DS "R4" card, which enabled pirated game execution, served as a case study. Nintendo successfully sued its manufacturers and distributors for UCPA violations, leading to its ban in 2009. Nishiura also highlighted "reach apps," third-party tools facilitating pirated software downloads within emulators (like the 3DS Freeshop or Switch's Tinfoil), as potential copyright infringements.

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, including early access to games like Tears of the Kingdom. This underscores Nintendo's focus on combating both emulation and the monetization of tools enabling piracy.