Page:Nintendo of America Inc. v. Tropic Haze LLC.djvu/21

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Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 21 of 41 PageID #: 21

subreddit as violating its content policy.

60.One of the links proviced on the subreddit went to a GitHub page with simplified instructions for installing Yuzu; those instructions are still online. The instructions do not include any of the complex steps for hacking a Nintendo Switch console and dumping one's own games. Instead, the alternative instructions merely provide links where users can download the requisite keys (the prod.keys) and pirated games for use in Yuzu.

61.As another example, recently, Nintendo published the already–acclaimed Nintendo Switch title The Legend of Zelda: Tears of the Kingdom ("Zelda: TotK") and made it available for play on May 12, 2023. However, full copies of the game ROM began to be circulated online on May 1, 2023. Because Zelda: TotK had yet to be released to the public, every copy in circulation was undoubtedly a pirated copy and every user who possessed a copy had not lawfully purchased the game.

62.Nintendo tracks the availability of pirated games of its games online. Between May 1 and May 10, Zelda TotK was successfully downloaded over one million times and downloads were attempted another million times. The illegally downloaded copies were capable of being played in Yuzu, and over twenty percent of all the download links for the

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