Nintendo Lawyer Lifts the Lid on Approach to Piracy and Emulation

Nintendo's Aggressive Anti-Piracy and Emulation Stance Explained

Nintendo's notoriously aggressive pursuit of emulator developers and piracy facilitators has been highlighted by several high-profile legal cases. Recent examples include the $2.4 million settlement with Yuzu emulator developers in March 2024, the cessation of Ryujinx emulator development in October 2024 following Nintendo contact, and the legal advice against a full Steam release for the Dolphin emulator in 2023 due to Nintendo's intervention. The infamous 2023 case against Gary Bowser, involving the resale of Team Xecuter products, resulted in a $14.5 million judgment against him.

Now, a Nintendo patent lawyer has shed light on the company's strategy. At Tokyo eSports Festa 2025, Koji Nishiura, Assistant Manager of Nintendo's Intellectual Property Division, clarified the legal ambiguities surrounding emulators. While emulators themselves aren't inherently illegal, their use can become illegal depending on their functionality.

Nishiura explained that emulators which copy game programs or disable console security measures may infringe on copyright. This is largely based on Japan's Unfair Competition Prevention Act (UCPA), which limits Nintendo's legal reach internationally. The Nintendo DS "R4" card, which allowed users to run pirated games, served as a key example. Nintendo's successful lawsuit against R4 manufacturers and resellers in 2009, based on UCPA violations, effectively outlawed their sales in Japan.

Furthermore, Nishiura emphasized that tools facilitating pirated software downloads within emulators, termed "reach apps" in Japanese law, also constitute copyright infringement. Examples include the 3DS's "Freeshop" and the Switch's "Tinfoil."

Nintendo's lawsuit against Yuzu highlighted the alleged one million pirated copies of The Legend of Zelda: Tears of the Kingdom, linking the emulator's Patreon revenue (reportedly $30,000 monthly) to the provision of early access and special features, directly contributing to piracy. This underscores Nintendo's focus on not just the emulators themselves, but also the revenue streams generated by facilitating piracy.