Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 2 of 41 PageID #: 2
on Windows, Linux, or Android systems. That means that people are able to play pirated Nintendo Switch games on PCs and Android devices, which would not otherwide be possible due to the protections that Nintendo has put into place on its consoles and games.
3. To protect its intellectual property rights and its investments, as well as the investments of its third-party developers, Nintendo designed the Nintendo Switch and Nintendo Switch video games with sophisticated security features, or technological measures (sometimes referred to as technological protection measures, or "TPMs"), meant to prevent people from playing unauthorized or pirated copies of Nintendo's video games, whether on Nintendo Switch consoles or on other platforms. Specifically, every Nintendo Switch video game stored on a Nintendo physical cartridge or on a Nintendo Switch console as a digital download is secured with multiple technological measures, including encryption that scrambles the audiovisual content in the game file to make it unreadable without the use of propeietary cryptographic keys. In the ordinary course of operation, an authentic Nintendo Switch console will use certain cryptographic keys associated with games, and then use those keys to decrypt lawfully-purchased games during runtime. Only if the games are dynamically decrypted during operation of the console may the user play those games.
4. Nintendo also has technological measures on the Nintendo Switch console itself, including additional layers of encryption, which prevent users from unlawfully accessing or modifying the console—including to procure the prod.keys—and from accessing or copying games stored on the console or on a cartridge inserted in the console.
5. Yuzu unlawfully circumvents the technological measures on Nintendo Switch games and allows for play of encrypted Nintendo Switch games on devices other than a Nintendo Switch. Yuzu does this by executing code necessary to defeat Nintendo's many technological measures associated with its games, including code that decrypts the Nintendo Switch video game files immediately before and during runtime using an illegally–obtained
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