Benzinga - by Franca Quarneti, Benzinga Staff Writer.
Nintendo ADR (OTC: NTDOY) filed a lawsuit against the developers of the Yuzu emulator for the Nintendo Switch, accusing them of facilitating the illegal download of over one million copies of "The Legend of Zelda: Tears of the Kingdom" before its official release.
Filed on Feb. 26 in the U.S> District Court of Rhode Island, the suit alleges that Tropic Haze, the company that developed the emulator, allowed users to unlawfully decrypt and play Nintendo Switch games without purchasing them.
The complaint emphasizes that there is no legal way to use Yuzu for this purpose, The Verge reported.
The suit reads: "Today, Yuzu provides any Internet user in the world with the means to unlawfully decrypt and play virtually any Nintendo Switch game — including Nintendo’s current generation and most popular games — without ever paying a dime for a Nintendo console or for that game."
Moreover, Nintendo's lawsuit alleges violations of the Digital Millennium Copyright Act (DMCA) by circumventing Nintendo Switch encryption to enable the play of copyrighted games. The company seeks to seize control of Yuzu's domain and online presence, alongside financial damages.
While legal precedent allows console reverse engineering, modern emulators face challenges due to complex encryption and copyrighted BIOSes.
Nintendo is demanding Tropic Haze pay damages of $150,000 for each copyrighted work, along with actual damages and profits gained from the violations.
The suit highlights Yuzu's Patreon page, where developers reportedly earn $30,000 monthly by offering subscribers early access and special features, bypassing Nintendo's anti-piracy measures.
Moreover, the suit contends that Yuzu's website provides instructions on acquiring cryptographic keys to decrypt Nintendo games illegally, noting a surge in Patreon membership prior to the release of "Tears of the Kingdom," which led to story and gameplay leaks.
This isn't Nintendo's first legal action against emulator creators; in 2019, they sued RomUniverse for copyright and trademark infringement, winning $2.1 million in damages in 2021. Previously, they received over $12 million from LoveRETRO and LoveROMS in 2018.
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