Nintendo's aggressive stance against emulation is well-documented. Recent examples include 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 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, a reseller of devices circumventing Nintendo Switch anti-piracy measures, resulted in a $14.5 million judgment.
Now, a Nintendo patent lawyer has shed light on the company's legal strategy. At Tokyo eSports Festa 2025, Koji Nishiura, Assistant Manager of Nintendo's Intellectual Property Division, clarified the legal ambiguity surrounding emulators. While emulators themselves 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 laws, primarily under Japan's Unfair Competition Prevention Act (UCPA). The UCPA's limited jurisdiction, however, restricts Nintendo's legal reach outside Japan.
Nishiura used the Nintendo DS "R4" card as an example. This device allowed users to play pirated games, leading to a successful UCPA lawsuit against its manufacturers and resellers, effectively banning R4 sales in 2009. He also highlighted "reach apps," third-party tools facilitating pirated software downloads within emulators (like the 3DS's "Freeshop" and the Switch's "Tinfoil"), as further violations of 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. This underscores Nintendo's focus on combating not only emulation itself but also the monetization of tools that facilitate piracy.
