Page:Nintendo of America Inc. v. Tropic Haze LLC.djvu/22

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Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 22 of 41 PageID #: 22

game specifically referred to emulation in the link title, URL, or filename, many of which specifically referred to Yuzu.

63. Notably, between May 1 and May 12, membership on the Yuzu Patreon, which provides paid members more updated “early access” builds of Yuzu, 16 doubled. On information and belief, thousands of additional paid members of Yuzu’s Patreon signed up so that they could download the early access build and play unlawful copies of Zelda: TotK. On information and belief, Defendant and its agents were fully aware that the reason membership of the Patreon exploded was that Yuzu was being used for unlawful play of pirated copies of Zelda: TotK. Indeed, Bunnei implemented a ban on discussing Zelda: TotK emulation in Yuzu’s Discord server because so many Yuzu users were trying to seek support emulating it. Additionally, because Yuzu is open source, many individuals quickly developed and released Yuzu mods that were capable of playing Zelda: TotK. Defendant and its agents were aware of these efforts too, and Bunnei said as much in an interview Bunnei gave to PC Gamer on the day of Zelda: TotK’s release, explicitly referring to the gaming community releasing custom Yuzu emulator builds to play Zelda: TotK days ahead of its release. Two images of Zelda: TotK running in Yuzu prior to the game’s release date are shown here:[1]


  1. “Build” in this context refers to an updated version of software.

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