Nintendo Unveils Strategy Against Piracy and Emulation

Nintendo's aggressive stance against emulation is well-documented. Recent examples include the $2.4 million settlement with Yuzu 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 of the Gamecube/Wii emulator Dolphin in 2023 due to Nintendo's pressure. The infamous 2023 case against Gary Bowser, who sold devices circumventing Nintendo Switch anti-piracy measures, resulted in a $14.5 million judgment.

A recent presentation at Tokyo eSports Festa 2025 by Nintendo's patent attorney, Koji Nishiura, shed light on the company's legal strategy. Nishiura clarified that while emulators aren't inherently illegal, their use can become illegal under certain circumstances. Specifically, emulators that copy game programs or disable console security measures may infringe on copyright laws.

This legal action often relies on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's international reach. The R4 card for the Nintendo DS, which allowed pirated game execution, serves as a key example. Nintendo's successful 2009 lawsuit against R4 manufacturers and distributors, based on UCPA violations, effectively banned its sales in Japan.

Nishiura also highlighted the illegality of "reach apps," third-party tools facilitating pirated software downloads within emulators. Examples include the 3DS's "Freeshop" and the Switch's "Tinfoil." These tools, he argued, 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 premium features, including early access to games like Tears of the Kingdom.