Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 24 of 41 PageID #: 24
65. Yuzu also has a feature called “Telemetry,” which, according to Yuzu’s website, collects anonymous data about its users’ use of the software. This data, again according to Yuzu, includes what games users are playing so Yuzu developers can “discover what are the most popular games and hardware configurations, where emulated games crash in yuzu most often, and more.” On information and belief, Plaintiff expects discovery to show that this data reveals to Defendant and its developers that its users are playing pirated copies of games, including because the data reflects people playing games prior to their official release date. Indeed, a “Yuzu Progress Report” for June 2023 noted that, according to Yuzu data, “Tears of the Kingdom is by far the most played game on [Y]uzu…”
- Defendant and Bunnei’s Circumvention And Infringement of Nintendo’s Games.
66. Yuzu’s lead developer Bunnei has been at the center of Nintendo console emulation for years. Bunnei says they provided “minor contributions” to an open source Nintendo GameCube emulator called “Dolwin” in the early 2000s before writing their own
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