Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 33 of 41 PageID #: 33
proven at trial.
100.Plaintiff is entitled to its costs, including reasonable attorneys' fees, pursuant to 17 U.S .C. § 1203(b).
101.Defendant’s conduct has caused and, unless enjoined by this Court, will continue to cause Nintendo great and irreparable injury for which there is no adequate remedy at law. Pursuant to 17 U.S.C. § 1203(b)(1), Plaintiff is entitled to permanent injunctive relief prohibiting Defendant from engaging in further acts of offering to the public, providing, or otherwise trafficking in Yuzu or other circumvention software.
COUNT THREE
(Circumvention of Technological Measures in Violation of 17 U.S.C. § 1201(a)(1))
102.Plaintiff repeats and realleges every allegation contained in paragraphs 1 through 101 as if fully set forth herein.
103.Section 1201(a)(1)(A) of the DMCA, 17 U.S.C. § 1201(a)(1)(A), in a general sense, prohibits circumvention of a technological measure that effectively controls access to a work protected by the Copyright Act.
104. For the reasons set forth supra, ¶¶ 30–37, the Technological Measures are each effective and control access to works protected by the Copyright Act, and Yuzu circumvents those measures.
105.During development of Yuzu, Defendant’s agents, including Bunnei, at minimum: (1) hacked at least one Nintendo Switch console; (2) dumped games from a hacked Nintendo Switch console; and (3) loaded those game copies into Yuzu and played them. Each of those steps requires circumvention of one or more of the Technological Measures. Defendant’s agents have circumvented the Console Measures as to each Nintendo Switch console they have hacked and have circumvented Nintendo’s Game Encryption for each game they have played in the emulator. On information and belief, Defendant’s agents have also accessed and played games in Yuzu that they did not lawfully purchase. As to each of those,
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