Nintendo Switch Modding Arrests Highlight Rise of Video Game Piracy

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 if other offenses occurred.

This arrest highlights the ongoing battle between game developers and piracy. Nintendo, in particular, has been aggressively pursuing legal action against piracy, including a May 2024 takedown request targeting 8,500 copies of the Yuzu Switch emulator. Their 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.

The legal landscape surrounding video game piracy is evolving. Past successes against piracy include lawsuits against RomUniverse, resulting in multi-million dollar damages awarded to Nintendo. Nintendo also successfully blocked the Dolphin emulator's release on Steam.

Recently, Koji Nishiura, Nintendo's Assistant Manager of the Intellectual Property Division, shed light on the company's anti-piracy strategy. He emphasized the ambiguous legality of emulators themselves, clarifying that their use, rather than mere existence, determines their illegality. This arrest underscores Nintendo's and other companies' continued efforts to combat the illegal distribution and use of their intellectual property.