Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 28 of 41 PageID #: 28
that “[n]o person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
- (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under [the Copyright Act];
- (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under [the Copyright Act]; or
- (C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under [the Copyright Act].”
76. As discussed supra, ¶¶ 30–37, the Technological Measures effectively control access to works protected by the Copyright Act, including Nintendo Switch video games in which Nintendo owns or exclusively controls copyrights.
77. As also discussed supra, the Technological Measures—including the Game Encryption—require, in the ordinary course of their operation, the application of information, or a process or a treatment, with Nintendo’s authority, to gain access to Nintendo Switch video games.
78. Yuzu, designed by Defendant and its agents, circumvents the Game Encryption on Nintendo Switch video games including by decrypting their many layers of encryption, thereby enabling access to and play of those games on unlicensed platforms. Yuzu circumvention as described herein is thus both primarily designed to circumvent an effective technological measure and has only limited commercially significant purpose or use other than to circumvent an effective technological measure.
79. Defendant and its agents know that Yuzu is designed, implemented, and used to circumvent the Game Encryption, and their conduct promoting Yuzu thus constitutes
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