Nintendo Switch Modding Arrests Signal New Era in Video Game 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 play pirated games.

According to NTV News, a 58-year-old man was arrested on January 15th for violating Japan's Trademark Act. The individual allegedly altered used Switch consoles by soldering modified components onto the circuit boards, enabling them to run illegally copied games. Authorities claim he pre-loaded 27 pirated titles onto each console before selling them for approximately ¥28,000 ($180 USD) apiece. The suspect has reportedly confessed to the charges, and further investigations are underway.

This arrest highlights the ongoing battle between 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 prior. A previous lawsuit against Yuzu's creator, Tropic Haze, cited over one million pirated copies of The Legend of Zelda: Tears of the Kingdom before its official release.

Legal action against piracy is increasingly prevalent. Notable examples include successful lawsuits against RomUniverse, resulting in multi-million dollar damage awards to Nintendo in 2018 and 2021. Nintendo also successfully blocked the Dolphin GameCube and Wii emulator from appearing on Steam.

Recently, a Nintendo patent lawyer shed light on the company's strategy against piracy and emulation. Koji Nishiura, Assistant Manager of the Intellectual Property Division, emphasized the ambiguous legality of emulators themselves, clarifying that their use, rather than their mere existence, determines their illegality.