Video Game Piracy Enters New Era as Japan Arrests Its First Alleged Modder of Nintendo Switch Consoles

Japanese authorities make 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 used Switch consoles by soldering modified components onto the circuit boards, allowing them to run illegally obtained software. Authorities claim 27 pirated games were pre-loaded onto each modified console, which were then sold for approximately ¥28,000 ($180 USD) apiece. The suspect has reportedly confessed to the accusations, and further investigations are underway to determine the extent of their involvement.

This arrest highlights the ongoing battle between video game publishers and piracy. Nintendo, in particular, has been aggressively pursuing legal action against piracy. A notable example is the May 2024 takedown of 8,500 copies of the Yuzu Switch emulator, following the emulator's shutdown two months prior. Nintendo's initial lawsuit against the creator, Tropic Haze, cited the unauthorized distribution of The Legend of Zelda: Tears of the Kingdom—a major 2023 release—over one million times before its official launch.

The legal landscape surrounding video game piracy is evolving. Previous successful lawsuits include those against RomUniverse, resulting in multi-million dollar damages awarded to Nintendo in 2018 and 2021. Nintendo's legal actions have also 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 regarding emulation and piracy. Koji Nishiura, Assistant Manager of the Intellectual Property Division, stated that while emulators themselves aren't inherently illegal, their use can become illegal depending on the context. This arrest underscores the increasing efforts to combat the illegal distribution and use of video game software.