Nintendo has been notably aggressive in its legal battles against emulators and piracy, a stance that has been consistently demonstrated through various high-profile cases. In March 2024, the developers of the Nintendo Switch emulator Yuzu were compelled to pay $2.4 million in damages following a court settlement with Nintendo. This action underscores Nintendo's commitment to protecting its intellectual property. Similarly, in October 2024, the development of another Switch emulator, Ryujinx, was halted after receiving communication from Nintendo. These instances highlight the company's vigilance in pursuing legal action against emulators.
In 2023, the developers of Dolphin, an emulator for Gamecube and Wii, faced legal advice against a full release on Steam. Valve, influenced by Nintendo's legal team, cautioned the Dolphin developers, demonstrating how Nintendo's legal reach extends beyond direct lawsuits.
The case of Gary Bowser, involved in the sale of Team Xecuter products that enabled piracy on the Nintendo Switch, further illustrates Nintendo's stringent approach. Bowser was charged with fraud and ordered to pay $14.5 million to Nintendo, a sum he is expected to repay for the rest of his life.
At the Tokyo eSports Festa 2025, as reported by Denfaminicogamer (via VGC), Nintendo's patent attorney and Assistant Manager of the Intellectual Property Division, Koji Nishiura, shed light on the company's perspective on emulation and piracy. According to a translation by Automaton, Nishiura clarified that while emulators themselves are not inherently illegal, their use can lead to copyright infringement if they replicate game programs or disable console security mechanisms. This stance is influenced by Japan's Unfair Competition Prevention Act (UCPA), which complicates Nintendo's efforts to enforce these laws internationally.
The example of the Nintendo DS "R4" card was used to illustrate how such devices can violate the UCPA by allowing users to run pirated games. Following a ruling in 2009, sales of the R4 were effectively outlawed in Japan after Nintendo and 50 other software manufacturers challenged its legality.
Nishiura also highlighted the issue of "reach apps," such as the 3DS's "Freeshop" and the Switch's "Tinfoil," which facilitate the download of pirated software. These tools, according to Japanese law, also infringe on copyrights.
In the lawsuit against Yuzu, Nintendo pointed out that The Legend of Zelda: Tears of the Kingdom was pirated over a million times, with Yuzu's Patreon page reportedly earning $30,000 monthly by offering subscribers early access and special features to games.
These actions and statements from Nintendo underscore the company's ongoing efforts to combat piracy and protect its intellectual property, both domestically and internationally.
