Nintendo Attorney Outlines Piracy and Emulation Strategy

Nintendo's aggressive stance against emulation is well-documented. Recent examples include the $2.4 million settlement with Yuzu emulator developers (March 2024), the cessation of Ryujinx development following Nintendo's intervention (October 2024), and the legal advice preventing a full Steam release of the Dolphin emulator due to Nintendo's pressure (2023). The infamous case of Gary Bowser, who was ordered to pay $14.5 million for reselling devices that bypassed Nintendo Switch's anti-piracy measures, further highlights this commitment.

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). This Act, however, limits Nintendo's legal reach outside of Japan.

Nishiura cited 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 that facilitate pirated software downloads within emulators (similar to the 3DS's "Freeshop" or the Switch's "Tinfoil").

Nintendo's lawsuit against Yuzu highlighted the scale of the problem, claiming one million instances of The Legend of Zelda: Tears of the Kingdom piracy facilitated by the emulator's Patreon support, which generated $30,000 monthly for its developers through premium features. This underscores the financial incentives driving both emulator development and piracy.