Nintendo's aggressive stance against emulation is well-documented. Recent legal actions highlight this, including a $2.4 million settlement with Yuzu emulator developers in March 2024, the cessation of Ryujinx development in October 2024 following Nintendo's intervention, and legal pressure on Dolphin's Steam release in 2023. The infamous 2023 case against Gary Bowser, who resold devices circumventing Nintendo Switch anti-piracy measures, resulted in a $14.5 million judgment.
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 be. Specifically, emulators that copy game programs or disable console security measures may infringe on copyright laws. This is primarily based on Japan's Unfair Competition Prevention Act (UCPA), limiting Nintendo's international legal reach.
The presentation used the Nintendo DS "R4" card as an example. This device allowed users to bypass security and run pirated games. A successful lawsuit, involving Nintendo and 50 other software companies, resulted in the R4 being effectively outlawed in Japan in 2009.
Nishiura also addressed "reach apps," third-party tools facilitating pirated software downloads within emulators. These, like the 3DS's "Freeshop" and the Switch's "Tinfoil," can also violate copyright laws.
Nintendo's lawsuit against Yuzu highlighted the alleged one million pirated copies of The Legend of Zelda: Tears of the Kingdom, citing the emulator's Patreon page, which generated $30,000 monthly through premium features and early access.