Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 32 of 41 PageID #: 32
94.By developing Yuzu, including paying developers and directing their conduct, Defendant manufactures a technology that violates 17 U.S.C. §§ 1201(b)(1)(A), (B), and/or (C).
95.Through yuzu-emu.org, Github, Google Play, and other channels of distribution, Defendant offers to the public, provides, and otherwise traffics in Yuzu, in violation of 17 U.S.C. §§ 1201(b)(1)(A), (B), and/or (C).
96.Manufacturing, and each offering to the public, provision, or other act of trafficking in Yuzu constitutes a violation of 17 U.S.C. § 1201 for which Plaintiff is entitled to damages under 17 U.S.C. § 1203(c), and injunctive relief under § 1203(b)(1).
97.Additionally, on yuzu-emu.org, Defendant offers to the public, provides, and otherwise traffics in software that circumvents the Console Measures on Nintendo Switch consoles, by providing direct links to the software on other websites. This software includes TegraRcmGUI, Lockpick_RCM, and NXDumpTool, among others. These separate pieces of software similarly violate § 1201(b)(1) because they are primarily designed to circumvent the Console Measures. Each offering to the public, provision, or other act of trafficking in links to this and other circumvention software constitutes a violation of 17 U.S.C. § 1201 for which Nintendo is entitled to damages under 17 U.S.C. § 1203(c), and injunctive relief under § 1203(b)(1).
98.Defendant’s acts are willful, intentional, purposeful, and in disregard of and indifferent to the rights of Plaintiff.
99.As a direct and proximate result of Defendant’s violations of 17 U.S.C. § 1201, Plaintiff is entitled to the maximum statutory damages, pursuant to 17 U.S.C. § 1203(c)(3)(A), in the amount of $2,500 with respect to each act of offering to the public, provision, or otherwise trafficking in circumvention devices, or such other amounts as may be proper under 17 U.S.C. § 1201(c). In the alternative, pursuant to 17 U.S.C. § 1201(c)(2), Plaintiff is entitled to its actual damages, as well as to Defendant’s profits from these violations, in amounts to be
32
