Nintendo Lawyer Reveals Strategy on Piracy and Emulation

Nintendo has long been known for its aggressive stance against emulation and piracy, a reputation further solidified by recent legal actions. In March 2024, the developers of the Nintendo Switch emulator Yuzu were hit with a hefty $2.4 million fine following a court settlement with Nintendo. Just months later, in October 2024, the Ryujinx emulator team announced the cessation of their project after receiving communication from Nintendo. The year prior, in 2023, the Dolphin emulator for Gamecube and Wii faced hurdles when Valve, influenced by Nintendo's legal team, advised against a full Steam release.

The case of Gary Bowser in 2023 further underscores Nintendo's vigilance. Bowser, involved with Team Xecuter's piracy circumvention products for the Nintendo Switch, was charged with fraud and ordered to repay Nintendo $14.5 million—a debt he'll be paying off for the rest of his life.

At the Tokyo eSports Festa 2025, as reported by Denfaminicogamer (via VGC), Nintendo's approach to piracy and emulation was dissected by Koji Nishiura, a patent attorney and Assistant Manager of Nintendo's Intellectual Property Division. According to a translation by Automaton, Nishiura clarified the legal gray areas surrounding emulators. He stated that while emulators aren't inherently illegal, their use can cross into illegality if they copy game programs or disable console security mechanisms, potentially infringing on copyrights.

This perspective is shaped by Japan's Unfair Competition Prevention Act (UCPA), which, though only enforceable within Japan, complicates Nintendo's international legal pursuits. A notable example discussed was the Nintendo DS's R4 card, which facilitated the use of pirated games. After a collective outcry from Nintendo and 50 other software companies, the R4 was effectively outlawed in 2009 under the UCPA.

Nishiura also touched on "reach apps," tools that enable the download of pirated software within emulators or other software, such as the 3DS's Freeshop and the Switch's Tinfoil. These tools, he noted, also fall under copyright infringement.

In the Yuzu lawsuit, Nintendo highlighted the severe impact of piracy, claiming that The Legend of Zelda: Tears of the Kingdom was pirated one million times. The lawsuit further alleged that Yuzu's Patreon page facilitated this piracy by offering subscribers "daily updates," "early access," and "special unreleased features" to games, generating $30,000 monthly for the developers.

Nintendo's ongoing battle against emulation and piracy underscores its commitment to protecting its intellectual property, a stance that continues to shape the legal landscape surrounding video game emulation.