2024 was a crucial year for Nintendo in its battle against emulatorswith platforms like Yuzu e Ryujinx ended up under the legal crosshairs of the Japanese company.
But what makes an emulator illegal? During a recent conference organized by the Japan Software Copyright Association, Nintendo lawyer Koji Nishiura he clarified the key points that determine when an emulator violates the law.
What makes an emulator illegal?
According to Nishiura, not all emulators are automatically considered illegal. However, their use and the functions they offer may lead them to violate the law.
1. Bypass security systems
An emulator becomes illegal if it bypasses a console’s technical protection measures, such as encryption systems. This behavior violates the Japan Law on Prevention of Unfair Competitiona legal tool that Nintendo often uses to initiate proceedings against such practices.
2. Copy the console programs
Another problem arises when an emulator faithfully imitates a console’s internal programs. This practice constitutes a clear violation of the copyrightas it reproduces proprietary code without permission.
3. Links to pirated content
Emulators that facilitate the download of pirated games are particularly problematic. If they offer direct links to illegal ROMs, they are classified as “reach app”further violating copyright laws.
A global problem: not just Nintendo
Nishiura stressed that the issue of piracy through emulators does not only concern Nintendo, but the entire video game industry. He cited the case of Game Backup Device from 2009, a device that allowed you to download pirated games for the Nintendo DS. This led to a coalition between Nintendo and over 50 other companies to get the device removed from the market.
Nintendo doesn’t just protect its games, it also tries to ensure that i developer partners do not suffer losses due to the illegal use of their work.
Recent years have seen Nintendo take decisive action against high-profile emulators. Among the best known cases we have that of Yuzu and Citra where the developers of these emulators were sentenced to pay 2.4 million dollars of damages and to close the platforms in March 2024. The other case is Ryujinx: this emulator was taken offline in October 2024, with Nintendo taking control of the official domain a month later.
These cases demonstrate that Nintendo is determined to fight piracy and protect its intellectual property rights.
According to lawyer Nishiura, Nintendo considers each violation as an attack not only on its products, but on the entire video game ecosystem.
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Source: www.iphoneitalia.com
