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 legal pressure. The 2023 conviction of Gary Bowser, a reseller of piracy tools, resulting in a $14.5 million debt to Nintendo, 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 that copy game programs or bypass console security measures may infringe on copyright laws.

This legal action often relies on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's reach internationally. The Nintendo DS "R4" card, which enabled pirated game execution, serves as a precedent. Nintendo's successful 2009 lawsuit against R4 manufacturers and distributors, based on UCPA violations, effectively banned its sales in Japan.

Nishiura also emphasized that tools facilitating pirated software downloads within emulators, termed "reach apps" in Japanese law, also violate copyright. Examples include 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, alleging that Yuzu's Patreon generated $30,000 monthly through features like early access and updates to pirated games. This underscores Nintendo's focus on both the emulator itself and the monetization of piracy enabled by it.