Nintendo's aggressive stance against emulation is well-documented. Recent examples include the $2.4 million settlement with Yuzu developers in March 2024, the October 2024 cessation of Ryujinx development following Nintendo's intervention, and the legal advice discouraging a full Steam release for the Gamecube/Wii emulator Dolphin in 2023. The infamous 2023 case against Gary Bowser, who resold devices that bypassed Nintendo Switch's anti-piracy measures, resulted in a $14.5 million judgment.
A recent presentation at Tokyo eSports Festa 2025 by Nintendo's patent attorney, Koji Nishiura, shed light on the company's legal strategy. 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 is largely based on Japan's Unfair Competition Prevention Act (UCPA), which limits Nintendo's extraterritorial reach.
The presentation used the Nintendo DS "R4" card as a case study. This device allowed users to bypass security and run pirated games. Following legal action by Nintendo and other software manufacturers, the R4 was effectively outlawed in Japan in 2009.
Nishiura also highlighted the illegality of "reach apps," third-party tools that facilitate pirated software downloads within emulators. Examples include the 3DS's "Freeshop" and the Switch's "Tinfoil." These tools, according to Nishiura, violate copyright law.
Nintendo's lawsuit against Yuzu cited one million pirated copies of The Legend of Zelda: Tears of the Kingdom, alleging that Yuzu's Patreon generated $30,000 monthly through premium features, including early access to games like Tears of the Kingdom.
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