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Yuzu (Emulator) - Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo's software encryption and facilitates piracy.

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Stephen Totilo @stephentotilo NEW: Nintendo is suing the creators of popular Switch emulator Yuzu, saying their tech illegally circumvents Nintendo's software encryption and facilitates piracy. Seeks damages for alleged violations and a shutdown of the emulator. NINTENDO OF AMERICA INC., V. Plaintiff, TROPIC HAZE LLC, 2. Defendant. NO. COMPLAINT JURY DEMAND PRELIMINARY STATEMENT Plaintiff Nintendo of America Inc. ("Nintendo of America Inc." or "Plaintiff""), by and through its counsel, on personal knowledge as to its own actions and on information and belief as to the actions, capabilities, and motivations of others, hereby alleges as follows: 1. Nintendo of America Inc., a wholly-owned subsidiary of Nintendo Co., Ltd., markets and distributes electronic video game consoles, games, and accessories developed by Nintendo Co., Ltd., including the Nintendo Switch, Nintendo Switch Lite, and Nintendo Switch OLED consoles (collectively the "Nintendo Switch"). Nintendo of America Inc. and Nintendo Co., Ltd. are together referred to herein as "Nintendo." Nintendo also makes award-winning and beloved video games that can be played only on the Nintendo Switch, including such well- known franchises as Mario and The Legend of Zelda. Nintendo has sold over 139 million Nintendo Switch consoles (and counting), making it the third most popular video game console of all time. Defendant Tropic Haze LLC is an entity that owns, develops, and operates "Yuzu," a video game emulator for Nintendo Switch games. A video game emulator is a piece of software that allows users to unlawfully play pirated video games that were published only 3:31 PM Feb 27, 2024 4.3M Views . 13. Defendant and its agents are fully aware of the use of Yuzu by others in performing circumvention, and in facilitating piracy at a colossal scale. As to circumvention, Yuzu's website acknowledges that the Nintendo Switch's decryption keys (the prod.keys) are required to decrypt games and includes links to software that unlawfully extract those keys from the Nintendo Switch.2 As to piracy, for instance, one recent major Nintendo video game, The Legend of Zelda: Tears of the Kingdom, was unlawfully distributed week and a half before its release by Nintendo. Infringing copies of the game that circulated online were able to be played in Yuzu, and those copies were successfully downloaded from pirate websites. over one million times before the game was published and made available for lawful purchase by Nintendo. Many of the pirate websites specifically noted the ability to play the game file in Yuzu. Defendant's development and distribution of Yuzu to the public materially contributes 2 See Quickstart Guide, Yuzu, https://yuzu-emu.org/help/quickstart/ ("Dumping Decryption Keys") (accessed February 21, 2024). Case 1:24-cv-00082-JJM-LDA Document 1 ... to and induces those third parties to infringe the copyrights in Nintendo's games. Defendant is thus secondarily liable for the infringement committed by the users to whom it distributes Yuzu. Filed 02/26/24 Page 6 of 41 PagelD #: 6

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