Nintendo's aggressive stance against emulation and piracy is well-documented. Recent legal actions highlight this, including the 2024 settlement resulting in a $2.4 million penalty for Yuzu emulator developers and the cessation of Ryujinx development following Nintendo's intervention. The 2023 near-halt of a full Steam release for the Dolphin emulator, due to Nintendo's legal pressure on Valve, further underscores this aggressive approach. The infamous 2023 case against Gary Bowser, involving the resale of devices circumventing Nintendo Switch anti-piracy measures, resulted in a $14.5 million debt.
Now, a Nintendo patent lawyer, Koji Nishiura, has shed light on the company's strategy. Speaking at Tokyo eSports Festa 2025, Nishiura clarified the legal ambiguity surrounding emulators themselves. While not inherently illegal, their use can become illegal depending on functionality. 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 Japan.
The presentation used the Nintendo DS "R4" card as a prime example. This device allowed users to bypass security and play pirated games. Following legal action from Nintendo and other software manufacturers, the R4 was effectively outlawed in Japan in 2009 due to UCPA violations.
Nishiura also addressed "reach apps," third-party tools facilitating pirated software downloads within emulators (like the 3DS's "Freeshop" or the Switch's "Tinfoil"). These tools, he argued, also violate copyright laws.
Nintendo's lawsuit against Yuzu highlighted the alleged piracy of The Legend of Zelda: Tears of the Kingdom one million times, emphasizing the financial gain for Yuzu developers through Patreon subscriptions offering early access and exclusive features.