Switch emulation is once again in Nintendo’s sights. After having already obtained the closure of major projects in recent years, the Japanese manufacturer has reportedly initiated a new wave of DMCA takedown requests targeting several still active emulators. An offensive that could profoundly shake up the retro scene and communities of independent developers.
Nintendo multiplies DMCA requests against Switch emulators
In recent years, Nintendo has devoted significant resources to removing Switch emulators from the Internet. The first major project, Yuzu, saw the light of day in January 2018, less than a year after the release of the console. It was not until March 2024 that Nintendo managed to close it.
Shortly after, Ryujinx, another popular Switch emulator, suffered the same fate. Yet, despite these spectacular closures, new projects quickly emerged, giving the impression that each deletion generated several successors.
Today, Nintendo seems to want to strike wider. According to Reddit user Devile, a long list of emulators are affected by new DMCA requests. Among them would be Citron, Eden, Kenji-NX, MeloNX, Pine, Pomelo, Ryubing, Ryujinx, Skyline, Sudachi, Sumi, Suyu and Yuzu. The repositories for these projects should theoretically be taken offline quickly if the requests are validated. Although some still remain accessible, their future seems uncertain.
Is emulation legal? What legal precedents say
The question of the legality of emulation systematically arises in this type of case. Since the 1990s, console manufacturers have tried to combat this phenomenon. However, several court decisions have established important precedents.
Landmark cases like Sega v. Accolade (1992), Sony Computer Entertainment, Inc. v. Connectix Corporation (2000) and Sony Computer Entertainment America v. Bleem (2000) have ruled that emulators developed via a so-called “clean room” design are legal.
Clearly, emulation itself is not illegal. What is, however, is the unauthorized distribution of copies of copyrighted games. Users must own their own copies to remain within a legal framework. Despite these precedents, Nintendo considers that the ecosystem around emulators favors piracy. It is mainly on this argument that the company bases its repeated legal actions.
Growing concern for the preservation of video game heritage
Beyond the simple conflict between Nintendo and emulator developers, this new offensive raises long-term concerns. Emulation plays a central role in the preservation of video games, especially when consoles become obsolete or physical media deteriorate.
If progress in Switch emulation is hampered today, it could be a problem ten or twenty years from now, when collectors want to save their own games. History shows that some consoles disappear from the market without an official full backwards compatibility solution.
Preservation communities believe that emulation is sometimes the only way to guarantee future access to certain titles. Nintendo, for its part, favors total control of its catalog via its own services and platforms. This conflict illustrates a persistent tension between commercial protection and cultural conservation.
The Switch 2 in the viewfinder?
Another element could explain the intensification of this struggle. Many observers believe that Nintendo is seeking to prevent Switch emulators from reaching a sufficient level of performance to run future Switch 2 games. If these tools become capable of running next-generation titles as soon as they are released, the commercial impact could be considerable. Preventing this development upstream would allow Nintendo to protect the launch of its next console.
The strategy seems clear: reduce the available technical infrastructure before the situation gets out of control. Even if current projects don’t disappear immediately, developers may be reluctant to continue their work in the face of repeated legal threats. For the moment, the situation remains evolving. Some repositories are still online, others could disappear without notice. One thing is certain: the battle between Nintendo and the emulation scene is far from over.