Nintendo Tackles Piracy, Emulation

Nintendo's aggressive stance against emulation is well-documented. Recent examples include the $2.4 million settlement with Yuzu developers in March 2024, the October 2024 cessation of Ryujinx development following Nintendo contact, and the 2023 advice against a full Steam release for Dolphin, prompted by Nintendo's legal pressure on Valve. The 2023 case against Gary Bowser, resulting in a $14.5 million debt to Nintendo for reselling devices that bypassed Switch anti-piracy measures, further highlights this commitment.

A recent report from Denfaminicogamer (via VGC) sheds light on Nintendo's strategy, as detailed by Koji Nishiura, a patent attorney and Assistant Manager of Nintendo's Intellectual Property Division, at Tokyo eSports Festa 2025. Nishiura clarified that while emulators aren't inherently illegal, their use can become illegal depending on functionality. Specifically, emulators copying game programs or disabling console security mechanisms may infringe on copyright.

This legal action often relies on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's reach internationally. The Nintendo DS "R4" card, enabling the use of pirated games, serves as a prime example. Nintendo's successful 2009 lawsuit against R4 manufacturers and resellers, based on UCPA violations, effectively outlawed its sales in Japan.

Nishiura also emphasized that tools facilitating pirated software downloads within emulators, such as the 3DS "Freeshop" or the Switch "Tinfoil" app, constitute copyright infringement under Japanese law, categorized as "reach apps."

Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, highlighting the financial impact of emulation on the company, particularly referencing Yuzu's Patreon revenue generated from providing subscribers with early access and exclusive features.