Page:Nintendo of America Inc. v. Tropic Haze LLC.djvu/26

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

developers also communicate in the Yuzu Discord chat and Bunnei has publicly asked specific developers to work on specific tasks for the project.

70. Bunnei has made blatantly clear that a central goal of theirs is to get recently-released and in-demand titles playing unlawfully in Yuzu. When asked what areas of Nintendo Switch emulation Bunnei is most interested in, they responded, “[a]ny changes that get new games booting for the first time, rendering better, or working at a silky smooth framerate, really excite me.”

71. Consistent with that drive, Bunnei regularly works to get new Nintendo Switch games running in Yuzu on the day of their release. In addition to Zelda: TotK, discussed above, Yuzu and Bunnei specifically have announced that major Nintendo titles such as Metroid Dread, Super Mario 3D World + Bowser’s Fury, and Pokemon Let’s Go, Eevee! and Let’s Go, Pikachu! were playable in Yuzu on their day of release, as for instance seen in Bunnei’s post on November 16, 2018:

72. In fact, in many instances Bunnei officially gets new games running the day before the game’s release in the United States. For instance, Bunnei linked to a Patreon article—which, on information and belief, Bunnei drafted—that announced late on May 28,

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