Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

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 Gamecube/Wii emulator Dolphin due to Nintendo's legal pressure on Valve. The infamous 2023 case against Gary Bowser, resulting in a $14.5 million debt for reselling devices that bypassed Nintendo Switch's anti-piracy measures, further underscores this commitment.

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, a point enforceable under Japan's Unfair Competition Prevention Act (UCPA). This act, however, limits Nintendo's legal reach outside Japan.

The presentation cited the Nintendo DS "R4" card as an example. This device allowed users to bypass security and play pirated games, leading to a successful UCPA lawsuit against manufacturers and resellers, effectively banning R4 sales in 2009. Nishiura also highlighted "reach apps" – third-party tools enabling pirated software downloads within emulators (like the 3DS "Freeshop" or Switch "Tinfoil") – as potential copyright violations.

Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, alleging that the emulator's Patreon page, generating $30,000 monthly through premium features, directly profited from this piracy. This underscores Nintendo's focus on both the emulators themselves and the monetization of piracy facilitated by them.