Switch Mod Arrest: Video Game Piracy Evolves

Japanese authorities have made a landmark 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 copied 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 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 of 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 the unauthorized distribution of The Legend of Zelda: Tears of the Kingdom over one million times before its official release.

The legal landscape surrounding video game piracy is evolving. Previous successes include multi-million dollar judgments against RomUniverse, a game file-sharing website, and the prevention of 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 strategy. He emphasized the ambiguity surrounding the legality of emulators themselves, highlighting that their use, rather than their mere existence, is the key factor determining illegality. This arrest underscores Nintendo's and other companies' commitment to combating piracy through legal means.