Nintendo of America Sues "Yuzu Switch Emulator" Development Company
Mar 04, 2024
Nintendo's federal-level lawsuit alleges that Tropic Haze's Yuzu Switch Emulator played a large part in widespread illegal distribution of a 2023 flagship game title. They believe that "The Legend of Zelda: Tears of the Kingdom" was pirated over one million times in a time period prior to its official launch on Switch consoles, while Yuzu's Patreon funding almost doubled within the same cycle. Nintendo stated (through filed documentation): "With Yuzu in hand, nothing stops a user from obtaining and playing unlawful copies of virtually any game made for the Nintendo Switch, all without paying a dime to Nintendo or to any of the hundreds of other game developers and publishers making and selling games for the Nintendo Switch...In effect, Yuzu turns general computing devices into tools for massive intellectual property infringement of Nintendo and others' copyrighted works." They argue that Yuzu is capable of circumventing the Switch console's many layers of encryption—Tropic Haze's software, in their opinion, is "primarily designed" to break Switch software protections.
The Verge asked Richard Hoeg—a business attorney—about Nintendo's latest legal case: "The important thing is that Nintendo is bringing the case as a DMCA circumvention claim," says Hoeg, who hosts the Virtual Legality podcast. He tells me that that while emulators are broadly legal if engineered "correctly," the DMCA also lets Nintendo focus on whether the emulator was only designed to break Nintendo's control over its games. 'There is a real chance for them to win as the court 'tests' things like the effectiveness of the measure and just how the emulator was created," Hoeg says."
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