Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 5 of 41 PageID #: 5
consoles. To get any game off a Nintendo Switch console and into the Yuzu environment to be played, therefore, Bunnei and other of Defendant's agents must: (1) obtain the Nintendo Switch's cryptographic keys (the prod.keys) from a hacked console, which violates Nintendo's rights under the DMCA; and (2) make at least one unauthorized copy of a Nintendo Switch game, which, when the copied game is Nintendo's, violates Plaintiffs right of reproduction under the Copyright Act, 17 U.S.C. §§ 106, 501, entitling Plaintiff to the relief sought herein.
12.Indeed, in multiple U.S. federal cases, courts have entered judgments providing that trafficking in devices that circumvent the technological measures on the Nintendo Switch console and Nintendo Switch games violates the DMCA. See Nintendo of America Inc. v. Dilts et al., No. 3:20-cv-01076 (N.D. Ohio 2020); Nintendo of America Inc v. ANXCHIP.COM et al., No. 2:20-cv-00738-TSZ (W.D. Wash. 2020); Nintendo of America Inc v. Gary Bowser, No, 2:21-cv-00519-RSL (W.D. Wash. 2021); United States vy. Louarn et al., No. 2:20-cr-00127-RSL (W.D. Wash. 2020).
13. Defendant and its agents are fully aware of the use of Yuzu by others in performing circumvention, and in facilitating piracy at a colossal scale. As to circumvention, Yuzu's website acknowledges that the Nintendo Switch's decryption keys (the prod.keys) are required to decrypt games and includes links to software that unlawfully extract those keys from the Nintendo Switch.[1] As to piracy, for instance, one recent major Nintendo video game, The Legend of Zelda: Tears of the Kingdom, was unlawfully distributed a week and a half before its release by Nintendo. Infringing copies of the game that circulated online were able to be played in Yuzu, and those copies were successfully downloaded from pirate websites over one million times before the game was published and made available for lawful purchase by Nintendo. Many of the pirate websites specifically noted the ability to play the game file in Yuzu. Defendant's development and distribution of Yuzu to the public materially contributes
- ↑ See Quickstart Guide, Yuzu, https://yuzu-emu.org/help/quickstart/ ("Dumping Decryption Keys") (accessed February 21, 2024).
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