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Accused Nintendo Switch Modder Nabbed, Marking Shift in Video Game Piracy

Feb 23,25(12 months ago)

Japanese authorities have made a significant arrest in the fight against video game piracy. For the first time, a 58-year-old man has been apprehended for allegedly modifying Nintendo Switch consoles to play pirated games. As reported by NTV News and translated by Automaton, the arrest, which occurred on January 15th, stems from a violation of the Trademark Act.

The suspect is accused of altering the circuit boards of pre-owned Switch consoles, enabling them to run illegally obtained software. Police claim he loaded 27 pirated games onto each modified console before selling them for approximately ¥28,000 ($180 USD) apiece. He has reportedly confessed to the charges, and further investigations are underway to determine the extent of his illegal activities.

This arrest highlights the ongoing battle between video game publishers and piracy. Nintendo, in particular, has been aggressively pursuing legal action against piracy, including a 2024 takedown request targeting 8,500 copies of the Yuzu Switch emulator, following the emulator's shutdown two months prior. Their earlier lawsuit against Yuzu's creator, Tropic Haze, cited the unauthorized distribution of The Legend of Zelda: Tears of the Kingdom—a million times before its official release—as evidence of the emulator's role in piracy.

This recent case follows a pattern of successful legal action against piracy. Nintendo previously secured significant damages against RomUniverse, a game file-sharing website, in 2018 and 2021. Furthermore, Nintendo's efforts have extended to preventing the release of emulators like Dolphin on platforms such as Steam.

Recently, a Nintendo patent lawyer shed light on the company's strategy, emphasizing the connection between emulator distribution and software piracy. Koji Nishiura, Assistant Manager of the Intellectual Property Division, stated that while emulators themselves aren't inherently illegal, their use can lead to legal violations depending on the context. This arrest underscores the evolving tactics employed in combating video game piracy and the increasing legal pressure on those involved.

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