Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 13 of 41 PageID #: 13
by those keys, will be called the “Game Encryption.”
34. Putting this all together, when a user of a Nintendo Switch console goes to play an authentic game, the user’s Nintendo Switch must decrypt the Game Encryption—by extracting the specific cryptographic key (the encrypted Title Key), decrypting the Title Key with the console’s proprietary keys from the prod.keys (again, known only to authentic Nintendo Switch consoles), and then using the now-decrypted Title Key to decrypt the audiovisual content of the game. In the case of a Nintendo eShop game, the Nintendo Switch must additionally first verify the Game Signature prior to decrypting the Game Encryption—i.e., verify that the game the user is trying to play is signed by Nintendo, confirming that the game is authentic and was lawfully purchased by that user. A game can be played on a Nintendo Switch only if all of the required steps are successful.
35. Third, each authentic Nintendo Switch console also contains many technological measures, such as encrypted system signatures that are checked when the console boots (i.e., starts up). Much like the measures protecting the games, only if the console’s signature verifications confirm the console is authentic and authorized by Nintendo will the Nintendo Switch start up normally. And the console’s data, whether stored on the Nintendo Switch’s built-in flash memory or on a removable flash memory card inserted into the console, are also encrypted with a key unique to each Nintendo Switch console. Those technological measures will be called the “Console Measures.” The Console Measures protect Nintendo’s games as well, because in the ordinary course, Nintendo’s games are only accessible and playable on an authentic Nintendo Switch. There is no way to access or play a Nintendo Switch game with Nintendo’s authorization on any device other than a Nintendo Switch.
36. The Game Encryption and Console Measures both protect Nintendo’s and its licensees’ copyrighted games against unauthorized access and copying, and together will be called the “Technological Measures.”
37. In their ordinary course of operation, the Technological Measures require the
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