Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 4 of 41 PageID #: 4
Switch console, including to allow users to obtain and further distribute the prod.keys.
8. Defendant and its agents’ unlawful conduct has caused Nintendo and all those third parties that develop games for the Nintendo Switch platform tremendous harm. Nintendo’s copyrighted games are at the heart of its popularity, and Nintendo’s business necessarily relies upon the authorized and licensed distribution of authentic copies of its video games, and upon the trust of third-party game developers that the games they develop will be secure on Nintendo’s consoles and will not be illegally distributed or played. This is exactly why Nintendo has invested and continues to invest in technological measures to secure its consoles and games.
9. Recognizing the threats faced by copyright owners like Nintendo in the age of digital piracy, Congress enacted the Anti-Circumvention and Anti-Trafficking provisions of the Digital Millennium Copyright Act (“DMCA”), making it illegal to circumvent or traffic in devices that circumvent technological measures put into place by copyright owners to protect against unlawful access to and copying of copyrighted works.
10. Yuzu falls squarely within these provisions. Yuzu circumvents Nintendo’s technological measures on its games; thus, Defendant’s development and distribution of Yuzu constitutes unlawful trafficking in software primarily designed to circumvent technological measures, and the confirmed use of the emulator by Bunnei and other Yuzu developers as Defendant’s agents to decrypt and play Nintendo games constitutes unlawful circumvention. Defendant and its agents’ trafficking and circumvention have directly injured and damaged Nintendo, infringe and threaten irreparable injury to Nintendo’s intellectual property rights, and violate the Anti-Circumvention and Anti-Trafficking provisions of the DMCA, 17 U.S.C. § 1201 et seq., entitling Plaintiff to the relief sought herein.
11. Nintendo authorizes copies of its Nintendo Switch games to be played only on Nintendo Switch consoles. As noted above, in addition to the game technological measures, Nintendo protects its games behind additional technological measures on Nintendo Switch
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