Nintendo Cracks Down on Emulators and Piracy

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 pressure. The 2023 conviction of Gary Bowser, a reseller of devices that bypassed Nintendo Switch anti-piracy measures, resulting in a $14.5 million debt to Nintendo, further highlights this aggressive approach.

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

The presentation used the Nintendo DS "R4" card as a case study. This device allowed users to bypass security and run pirated games. A successful lawsuit by Nintendo and 50 other software manufacturers resulted in the R4 being outlawed in Japan in 2009. Nishiura also highlighted "reach apps," third-party tools like the 3DS's "Freeshop" and the Switch's "Tinfoil," which facilitate pirated software downloads and thus violate copyright laws.

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 daily updates and early access to games like Tears of the Kingdom, directly linking the emulator's development to copyright infringement.