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, who resold devices allowing Nintendo Switch piracy, resulted in a $14.5 million debt.
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 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.
This legal framework relies heavily on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's international reach. The Nintendo DS "R4" card, which bypassed the console's security, serves as a prime example. Following a lawsuit involving Nintendo and 50 other software manufacturers, the R4 was effectively outlawed in Japan in 2009.
Nishiura also emphasized that tools facilitating pirated software downloads within emulators, such as the 3DS "Freeshop" or the Switch "Tinfoil" app, constitute copyright infringement under Japanese law. These are categorized as "reach apps."
Nintendo's lawsuit against Yuzu highlighted the scale of piracy facilitated by emulators, citing one million pirated copies of The Legend of Zelda: Tears of the Kingdom and alleging that Yuzu's Patreon generated $30,000 monthly through premium features and early access to games like Tears of the Kingdom.
