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 2023 advice given to Dolphin developers regarding a Steam release due to Nintendo's legal pressure. The 2023 case against Gary Bowser, who resold devices enabling Nintendo Switch piracy, resulted in a $14.5 million judgment.

Now, a Nintendo patent lawyer, Koji Nishiura, has shed light on the company's strategy. Speaking 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 disable console security measures may infringe on copyright. This is largely based on Japan's Unfair Competition Prevention Act (UCPA), which limits Nintendo's international legal reach.

The presentation cited the Nintendo DS "R4" card as an example. This device allowed users to bypass security and run pirated games, leading to a 2009 court ruling against its manufacturers and resellers for violating the UCPA. Nishiura also highlighted "reach apps," third-party tools like the 3DS's "Freeshop" or the Switch's "Tinfoil," which facilitate pirated software downloads and thus violate copyright.

Nintendo's lawsuit against Yuzu highlighted the scale of the problem, claiming one million instances of The Legend of Zelda: Tears of the Kingdom piracy facilitated by the emulator's Patreon support, which generated $30,000 monthly for the developers.