Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 6 of 41 PageID #: 6
to and induces those third parties to infringe the copyrights in Nintendo’s games. Defendant is thus secondarily liable for the infringement committed by the users to whom it distributes Yuzu.
14. Nintendo has invested enormous resources into protecting the Nintendo Switch console and its games through technological measures to ensure that Nintendo’s games are purchased lawfully and not illegally copied, are not leaked before publication, and that the integrity of Nintendo’s ecosystem remains safe and free of piracy and cheating. This protects the tremendous creative investment of Nintendo and its employees and of hundreds of its third-party licensees. Today, Yuzu provides any Internet user in the world with the means to unlawfully decrypt and play virtually any Nintendo Switch game—including Nintendo’s current generation and most popular games—without ever paying a dime for a Nintendo console or for that game. And to be clear, there is no lawful way to use Yuzu to play Nintendo Switch games, including because it must decrypt the games’ encryption. Defendant must be held accountable for willfully providing users the means to violate Nintendo’s intellectual property rights at such a scale. The harm to Nintendo is manifest and irreparable.
NATURE OF THE ACTION
15. This is a civil action seeking equitable relief and damages for unlawful circumvention of copyright protection systems (technological measures) and unlawful trafficking in circumvention technology in violation of the DMCA, 17 U.S.C. § 1201 et seq., and for unlawful reproduction and distribution of protected works in violation of the Copyright Act, 17 U.S.C. § 101 et seq.
JURISDICTION AND VENUE
16. This Court has original jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1338(a), and 17 U.S.C. §§ 106, 501, 1201, & 1203.
17. Defendant is subject to the jurisdiction of this Court pursuant to Federal Rule of Civil Procedure (“Rule”) 4(k)(1) because it is a limited liability company formed in this District
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