Nintendo has initiated legal action against the developers of Yuzu, an open-source emulator designed for the Nintendo Switch, according to a lawsuit filed in a Rhode Island court on Monday. The lawsuit, first reported by Game File reporter Stephen Totilo, spans 41 pages and targets Tropic Haze, the entity responsible for creating Yuzu. Additionally, Nintendo specifically identifies an individual using the alias Bunnei, who leads the development of Yuzu.
Yuzu, released in 2018 shortly after the launch of the Nintendo Switch, functions as a free emulator enabling users to play Nintendo Switch games on various platforms, including Windows PC, Linux, and Android devices. Developed by the creators of Citra, a Nintendo 3DS emulator, Yuzu operates within a legal gray area, as emulators themselves are not inherently illegal, but the use of pirated games with them is prohibited. Nintendo asserts in its lawsuit that there is no legitimate way to utilize Yuzu.
The crux of Nintendo’s complaint lies in Yuzu’s purported circumvention of Nintendo’s security measures, particularly through decryption facilitated by what Nintendo claims to be an unlawfully obtained copy of prod.keys. This decryption process enables unauthorized copies of games to be played on PCs or Android devices, a practice Nintendo contends is facilitated by Yuzu.
Nintendo highlights the alleged damages caused by Yuzu, citing the premature leak and widespread piracy of “The Legend of Zelda: Tears of the Kingdom.” The pirated version of the game proliferated rapidly, with over 1 million downloads occurring before the official release date. Nintendo attributes over 20% of these downloads to Yuzu.
While Yuzu itself does not distribute pirated game copies, Nintendo contends that numerous ROM sites direct users to Yuzu to facilitate the playback of illegally obtained games. Nintendo claims to have expended significant resources in combating the illicit copying, marketing, sale, and distribution of its Nintendo Switch games.
According to Nintendo, Yuzu generates substantial revenue through its Patreon, with over $30,000 per month from more than 7,000 patrons. Nintendo alleges that the team behind Yuzu has also earned at least $50,000 from paid Yuzu downloads. Notably, Nintendo observes a surge in Yuzu’s Patreon membership coinciding with the release of “Tears of the Kingdom.”
In its legal filing, Nintendo seeks the closure of the Yuzu emulator and damages for the alleged infringements. Polygon has reached out to both Nintendo and Tropic Haze for comment.
Nintendo’s aggressive stance against intellectual property infringement is evident in its history of pursuing legal action against entities involved in piracy, including successful lawsuits against platforms like RomUniverse and individuals like Gary Bowser, an alleged Nintendo Switch hacker. Bowser, despite being released from prison, remains liable to Nintendo for $10 million in damages.