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 cessation of Ryujinx development in October 2024 following Nintendo's intervention, and the legal advice preventing a full Steam release for the Dolphin emulator in 2023 due to Nintendo's pressure. The infamous 2023 case against Gary Bowser, involving the sale of devices that bypassed Nintendo Switch security, resulted in a $14.5 million debt.

Now, a Nintendo patent lawyer, Koji Nishiura, has shed light on the company's legal strategy. Speaking at Tokyo eSports Festa 2025, Nishiura clarified that while emulators aren't inherently illegal, their use can become illegal depending on how they function. 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). This act, however, limits Nintendo's legal reach outside of Japan.

Nishiura cited the Nintendo DS "R4" card as an example. This device allowed users to bypass security and play pirated games. Following a lawsuit involving Nintendo and 50 other software companies, the R4 was effectively outlawed in Japan in 2009.

Furthermore, Nishiura pointed out that tools facilitating pirated software downloads within emulators, termed "reach apps" in Japanese law, also violate copyright. He used examples like the 3DS's "Freeshop" and the Switch's "Tinfoil" as illustrations.

The Yuzu lawsuit further emphasizes Nintendo's concerns, alleging one million instances of The Legend of Zelda: Tears of the Kingdom piracy facilitated by the emulator's Patreon, which generated $30,000 monthly for its developers through premium features and early access.