Nintendo is still working its lawyers. After removing several YouTube channels for copyright reasons, Japan's richest company is now attacking a well-known emulator among gamers. Nintendo is suing Yuzu, a software that allows you to emulate the Nintendo Switch on Valve's Steam Deck. The company says the emulator illegally bypasses the console's software encryption and makes it easier to hack.
The case immediately brings to mind the release of The Legend of Zelda Tears of the Kingdom, which was pirated en masse just before its official availability. The company is seeking damages for the alleged violations and the shutdown of the emulator. The company attributes the doubling of Yuzu's Patreon support during this period to the fact that a million copies of the game were illegally downloaded before its release.
Journalist Stephen Totilo shares documents from Nintendo's complaint filed in US federal court. In them, Nintendo can be seen claiming that Yuzu's business model is being challenged by the issue of piracy. Let's be clear, emulation is not piracy, but being able to emulate games from one console to another promotes the idea of obtaining the title in a roundabout way.
Are emulators legal?
There are a good number of technologies that we use on a daily basis that are part of a significant legal vacuum or that are not systematically sanctioned. VPN, IPTV, or even subscription sharing sites are part of a long list of possibilities that can fall into a strategic blur for users. Emulators are a priori legal in France because they involve recreating the ecosystem of a console without copying it or stealing its source code.
Despite everything, The Verge explains that there are certain nuances regarding modern consoles, especially in the United States. It then becomes complicated to legislate when we are talking about “multiple layers of modern encryption and BIOS protected by copyright“. Some keys are legal, others are not, and Nintendo wants to play on this void to stop the activities of emulators such as Yuzu.
A decision that could change a lot of things
For the moment, there is no guarantee that the company will win its case. If it does, it could export the trial internationally and thus make the software completely unusable. In its complaint, Nintendo expressly requests that the company leave no trace of its passage, until remove the URL of its site or its presence on social networks.
It seems that the balance still tips in favor of Nintendo. It remains to be seen whether Yuzu will try to find an arrangement or if the company will succeed in defending itself in court.
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