Nintendo's aggressive stance against emulation 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 Valve's advised caution regarding a full Steam release of the Dolphin emulator in 2023 due to Nintendo's legal pressure. The high-profile case against Gary Bowser, resulting in a $14.5 million debt to Nintendo for facilitating piracy via Team Xecuter products, further underscores the company's commitment to protecting its intellectual property.
At Tokyo eSports Festa 2025, Koji Nishiura, a Nintendo patent attorney, shed light on the company's strategy. While emulators themselves aren't inherently illegal, Nishiura clarified that their use can become illegal depending on functionality. Specifically, emulators that copy game programs or disable console security measures may infringe on copyright, particularly under Japan's Unfair Competition Prevention Act (UCPA). This act, however, limits Nintendo's direct legal action outside of Japan.
Nishiura cited the Nintendo DS R4 card as an example. This device allowed users to bypass security and run pirated games, leading to a successful UCPA lawsuit against its manufacturers and resellers, effectively banning its sales in 2009. He also highlighted the illegality of "reach apps," third-party tools like the 3DS's "Freeshop" and the Switch's "Tinfoil," which facilitate the download of pirated software, as further violations of copyright law. Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, linking the emulator's Patreon income to the facilitation of piracy.
