Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 10 of 41 PageID #: 10
the Nintendo GameCube—and the remastered version has sold over a million units.[1] Nintendo also offers a paid subscription service on the Nintendo Switch, which gives users access to over one hundred legacy titles from the Game Boy, Game Boy Advance, NES, SNES, and N64 consoles. In short, the ability to play older Nintendo games on newer Nintendo devices is an important market for Nintendo today and going forward.
26. The popularity of Nintendo’s video games and video game consoles has made Nintendo the target of intellectual property pirates who benefit from Nintendo’s innovation and investment by making unauthorized copies of Nintendo’s video games, or by creating (and profiting from) unlawful devices and software, such as the Yuzu emulator, that allow others to play pirated copies of Nintendo’s video games.
27. Nintendo has expended significant resources to stop the illegal copying, marketing, sale, and distribution of unauthorized copies of Nintendo’s video games (or games made by other Nintendo-authorized licensees) designed to be played on Nintendo’s video game consoles, and to stop the illegal trafficking in devices and software that allow users to play unauthorized copies of games, whether on hacked Nintendo Switch consoles or on other unauthorized hardware. Nintendo’s efforts have included the creation and implementation of technological measures in Nintendo’s video game consoles and video games that protect against unauthorized access to Nintendo’s and its licensees’ copyrighted works, and that prevent the unauthorized play of pirated Nintendo games.
- The Technological Measures on the Nintendo Switch and Nintendo Switch Games Protect Nintendo Switch Games Against Piracy.
28. In March 2017, Nintendo released a new console called the Nintendo Switch, a home video game console that can also be played “on the go.” It quickly sold out in stores across the country and around the world, and, in the six years since, has become one of the
- ↑ Metroid Prime Remastered, Nintendo (accessed February 21, 2024), https://www.nintendo.com/store/products/metroid-prime-remastered-switch/.
10
