Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 16 of 41 PageID #: 16
44. Hacking a Nintendo Switch requires circumventing the many console technological measures, the Console Measures, and installing an unauthorized operating system onto that Nintendo Switch. Certain devices and software that perform this unlawful task were the subject of three recent civil lawsuits brought by Nintendo, as well as a criminal indictment prosecuted by the U.S. Department of Justice, all of which resulted in judgments providing that these devices and software are unlawful under the DMCA.[1]
45. Yuzu’s Quickstart Guide—on information and belief, drafted by or at the direction of Bunnei—recommends other unlawful devices and software that accomplish similar functions as those at issue in the lawsuits, and the Guide sets forth their operation in great detail. For example, the Guide links to, among others: (1) TegraRcmGUI, a piece of software that puts a Nintendo Switch console into a hidden recovery mode so the user can execute custom code on the console; (2) Hekate, a “bootloader” that loads and boots unauthorized custom firmware[2] onto a Nintendo Switch; (3) Atmosphère, unauthorized custom firmware that replaces the authentic Nintendo Switch operating system; (4) Lockpick_RCM, a circumvention tool for extracting the Nintendo Switch’s protected cryptographic keys (the prod.keys) that will in turn allow decryption of games; (5) NXDumpTool, a module for dumping Nintendo Switch games (from either a physical cartridge or digital download); (6) nxDumpFuse, a tool that merges dumped game files (if a single game was dumped as multiple files); and (7) TegraExplorer, software that dumps a Nintendo Switch’s system firmware.
46. Use of the “Lockpick” tool is a particularly important step if a user is following the Quickstart Guide. Lockpick extracts the prod.keys from a Nintendo Switch console, the
- ↑ See Dkt. 16, Nintendo of America Inc. v. Dilts et al., 3:20-cv-01076 (N.D. Ohio 2020); Dkt. 28, Nintendo of America Inc v. ANXCHIP.COM et al., 2:20-cv-00738-TSZ (W.D. Wash. 2020); Dkt. 24, Nintendo of America Inc v. Gary Bowser, 2:21-cv-00519-RSL (W.D. Wash. 2021),
- ↑ Firmware is a type of software that controls the behavior of a hardware component.
16
