Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 11 of 41 PageID #: 11
best-selling video game consoles of all time. Between the original Nintendo Switch, the Nintendo Switch Lite, and Nintendo Switch OLED (collectively referred to as the “Nintendo Switch”), the console has sold over 139 million units worldwide.
29. The top five Nintendo-developed games released for the Nintendo Switch alone have sold more than 198 million copies as of February 2024, and individually each title has sold over 25 million copies. These games, as well as dozens of others published by Nintendo, are subject to valid, registered copyrights either owned or exclusively controlled by Nintendo. Nintendo’s authorized licensees develop and publish thousands more games on the Nintendo Switch, which are also subject to valid copyrights.
30. The Nintendo Switch and Nintendo Switch games contain numerous technological measures designed to prevent unauthorized access to the console and games, and to prevent piracy, including the unauthorized copying, playing, or sharing of games.
31. Nintendo allows users either to purchase authorized physical cartridges with games on them that are inserted into the Nintendo Switch console, or to download digital games from Nintendo’s own online store (the Nintendo eShop) while using the Nintendo Switch. The Nintendo eShop is the only lawful way to download Nintendo Switch games in digital format. These authorized copies of Nintendo’s games are protected by at least two or three different technological measures described herein, each of which in the ordinary course of its operation—i.e., when a user plays a lawfully-purchased copy of a Nintendo Switch game on an authentic Nintendo Switch console—require the application of information or a process with Nintendo’s authority for the user to be able to access and play the game. Some of these measures also prevent the games from being copied or distributed without Nintendo’s authority.
32. First, each Nintendo eShop game is accompanied by an encrypted identifier, or “signature” (the “Game Signature”). A signature is a way for the author of a digital file to prove that a particular instance of the file is authentic. Here, an authentic Nintendo Switch
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