Nintendo Legal Expert Unveils Anti-Piracy Strategy

Nintendo's aggressive stance against emulation and piracy is well-documented. Recent legal actions highlight this, including 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 near-prevention of a full Steam release for the Dolphin emulator due to Nintendo's legal pressure on Valve. The infamous case of Gary Bowser, who was ordered to pay $14.5 million for reselling devices that bypassed Nintendo Switch anti-piracy measures, further underscores this commitment.

A recent presentation by Nintendo's patent attorney, Koji Nishiura, at Tokyo eSports Festa 2025, shed light on the company's legal strategy. Nishiura clarified that while emulators aren't inherently illegal, their use can become illegal depending on functionality. Specifically, emulators that copy game programs or disable console security measures may infringe on copyright laws, particularly under Japan's Unfair Competition Prevention Act (UCPA). This act, however, limits Nintendo's legal reach outside of Japan.

The presentation used the Nintendo DS "R4" card as a case study. This device allowed users to bypass security and run pirated games. Following legal action by Nintendo and other software manufacturers, the R4 was effectively outlawed in Japan in 2009 due to UCPA violations.

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

Nintendo's lawsuit against Yuzu highlighted the scale of the problem, alleging one million pirated copies of The Legend of Zelda: Tears of the Kingdom and citing the emulator's Patreon income ($30,000 monthly) generated through providing subscribers with early access and exclusive features.