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 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 that bypassed Nintendo Switch anti-piracy measures, resulted in a $14.5 million judgment.

Now, a Nintendo patent lawyer, Koji Nishiura, has shed light on the company's strategy. Speaking at Tokyo eSports Festa 2025, Nishiura clarified that while emulators aren't inherently illegal, their use can become illegal depending on their functionality. Specifically, emulators that copy game programs or disable console security measures may infringe on copyright laws, particularly under Japan's Unfair Competition Prevention Act (UCPA). The UCPA's limited geographical reach, however, restricts Nintendo's ability to pursue legal action internationally.

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 distributors, effectively banning its sales in 2009. He also highlighted the illegality of "reach apps"—third-party tools like the 3DS's "Freeshop" or the Switch's "Tinfoil"—that facilitate pirated software downloads within emulators. These, too, violate copyright laws.

Nintendo's lawsuit against Yuzu highlighted the alleged one million pirated copies of The Legend of Zelda: Tears of the Kingdom, citing the emulator's Patreon page, which generated $30,000 monthly through premium features and early access, as a key factor. The case underscores Nintendo's determination to combat emulation and piracy through various legal avenues.