Home News Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

by Riley Mar 05,2025

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 cessation of Ryujinx development in October 2024 following Nintendo's intervention, and the near-prevention of a full Steam release for the Dolphin emulator in 2023 due to Nintendo's legal pressure. The infamous 2023 case against Gary Bowser, who sold devices circumventing Nintendo Switch anti-piracy measures, resulted in a $14.5 million debt.

Koji Nishiura, a Nintendo patent attorney, recently shed light on the company's strategy at Tokyo eSports Festa 2025. While emulators aren't inherently illegal, Nishiura clarified that their use can become illegal depending on functionality. Specifically, emulators that copy game programs or disable console security measures may infringe on copyright laws, primarily under Japan's Unfair Competition Prevention Act (UCPA). The UCPA's limited jurisdiction, however, restricts Nintendo's legal reach beyond Japan.

The presentation used the Nintendo DS "R4" card as a prime example. This device allowed users to bypass security and play pirated games, leading to a successful UCPA lawsuit against its manufacturers and distributors, effectively banning its sale in 2009.

Nishiura also addressed "reach apps," third-party tools facilitating pirated software downloads within emulators. These tools, such as the 3DS's "Freeshop" and the Switch's "Tinfoil," can also violate copyright law.

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 early access and updates to pirated games. This underscores Nintendo's focus on combating the financial incentives driving emulation and piracy.