Nintendo Lawyer Reveals Strategy on Piracy and Emulation

Nintendo's aggressive stance on emulation and piracy has been highlighted in several high-profile legal battles over the years. In March 2024, the developers of the Nintendo Switch emulator Yuzu were compelled to pay $2.4 million in damages following a settlement with Nintendo. Similarly, in October 2024, the development of another Switch emulator, Ryujinx, was halted after receiving communication from Nintendo. Additionally, in 2023, the developers of Dolphin, an emulator for GameCube and Wii, were dissuaded from launching on Steam by Valve's lawyers, influenced by Nintendo's legal threats.

Perhaps one of the most notable cases involved Gary Bowser, a key figure in Team Xecuter, who facilitated the circumvention of Nintendo Switch's anti-piracy measures. In 2023, Bowser was convicted of fraud and mandated to repay Nintendo $14.5 million—a sum he will be repaying for the rest of his life.

At the Tokyo eSports Festa 2025, a panel discussion on intellectual property included insights from Nintendo's Koji Nishiura, a patent attorney and Assistant Manager of the Intellectual Property Division. Nishiura clarified the legal nuances surrounding emulators, stating, "To begin with, are emulators illegal or not? This is a point often debated. While you can’t immediately claim that an emulator is illegal in itself, it can become illegal depending on how it’s used." He emphasized that emulators could infringe copyright if they replicate game programs or disable console security measures.

This perspective is shaped by Japan's Unfair Competition Prevention Act (UCPA), which, while enforceable only within Japan, complicates Nintendo's efforts to enforce its rights internationally. A notable example cited during the talk was the Nintendo DS "R4" card, which enabled users to run unauthorized game copies. After a concerted effort by Nintendo and 50 other software companies, the R4 was effectively banned in Japan in 2009.

Nishiura also touched on the legality of "reach apps," third-party tools that facilitate the downloading of pirated software within emulators. Examples include the 3DS's "Freeshop" and the Switch's "Tinfoil." Such tools are also considered to violate copyright laws.

In its legal action against Yuzu, Nintendo highlighted the piracy of The Legend of Zelda: Tears of the Kingdom, claiming it was pirated over a million times. The lawsuit also pointed out that Yuzu's Patreon page generated significant income through subscriber perks like daily updates, early access, and exclusive features for games such as Tears of the Kingdom.