Japanese Milestone: Modder Arrest Marks Shift in Nintendo Piracy

Japanese authorities have made a landmark arrest in the fight against video game piracy. For the first time, a suspect has been apprehended for modifying Nintendo Switch consoles to enable the playing of pirated games.

According to NTV News, a 58-year-old man was taken into custody on January 15th, facing charges under the Trademark Act. The individual allegedly altered pre-owned Switch consoles by soldering modified components onto the circuit boards, allowing them to run unauthorized game software. Authorities claim he pre-loaded 27 pirated titles onto each modified console before selling them for approximately ¥28,000 ($180 USD) apiece. The suspect has reportedly confessed to the accusations, and further investigations are underway to determine if additional violations occurred.

This arrest highlights the ongoing battle between video game publishers and piracy. Nintendo, a frequent target, launched a takedown notice in May 2024 affecting 8,500 copies of the Yuzu Switch emulator, following the emulator's shutdown two months earlier. Their initial lawsuit against the creator, Tropic Haze, cited the unauthorized distribution of The Legend of Zelda: Tears of the Kingdom – exceeding one million pirated copies before its official release.

Legal action against piracy is escalating. Previous successful cases include lawsuits against RomUniverse, resulting in $2.1 million in damages to Nintendo in 2021 and over $12 million in 2018. These actions also extended to preventing the release of the Dolphin GameCube and Wii emulator on Steam.

Recently, a Nintendo patent lawyer shed light on the company's strategy regarding emulation and piracy. Koji Nishiura, Assistant Manager of the Intellectual Property Division, clarified that while emulators aren't inherently illegal, their use can become unlawful depending on the context, particularly when facilitating software piracy.