Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

Nintendo’s aggressive stance against emulation is well-documented. The company’s legal actions against emulator developers, like the $2.4 million settlement with Yuzu developers in March 2024 and the cessation of Ryujinx development in October 2024 following Nintendo’s intervention, highlight this. Even the Dolphin emulator for GameCube and Wii faced pressure from Nintendo, resulting in Valve heeding legal advice against a full Steam release. The high-profile case against Gary Bowser, involving $14.5 million in damages for facilitating piracy via Team Xecuter products, further underscores Nintendo's commitment to protecting its intellectual property.

A recent report from Denfaminicogamer (via VGC) sheds light on Nintendo’s strategy, as detailed by Koji Nishiura, a patent attorney and Assistant Manager of Nintendo’s Intellectual Property Division, at Tokyo eSports Festa 2025. Nishiura clarified that while emulators themselves 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. This is largely based on Japan's Unfair Competition Prevention Act (UCPA), which limits Nintendo’s direct legal action outside of Japan.

The Nintendo DS’s R4 card, which allowed users to bypass security and run pirated games, served as a key example. Nintendo’s successful legal action against R4 manufacturers and resellers, resulting in the 2009 sales ban, illustrates the potential consequences. Nishiura also highlighted the illegality of tools facilitating pirated software downloads within emulators, citing examples like the 3DS’s “Freeshop” and the Switch’s “Tinfoil.” These “reach apps,” as they're known in Japanese law, are also subject to copyright infringement claims.

Nintendo's lawsuit against Yuzu highlighted the alleged one million pirated copies of The Legend of Zelda: Tears of the Kingdom, emphasizing the financial incentive for emulator developers through Patreon subscriptions offering premium features.