Switch Modder Arrested in Japan Amid Nintendo’s Emulation Controversy

In a notable escalation of its fight against piracy, Nintendo’s legal efforts have led to the arrest of a 58-year-old man in Japan for modifying and selling Nintendo Switch consoles preloaded with pirated games. This marks the first known criminal case in Japan targeting modifications that circumvent the Switch’s copyright protections.

Fumihiro Otobe, a transportation worker from Ryugasaki City, was detained by authorities after selling hacked Switch consoles for approximately 28,000 yen ($180) each. According to reports, Otobe modified secondhand Switch circuit boards and loaded the devices with 27 pirated games. Upon his arrest, police recovered four modified units, and Otobe reportedly confessed, stating, “I was curious if people would think I was great for selling modified machines.”

Nintendo, known for its aggressive stance on piracy, has typically relied on civil lawsuits to address copyright infringement. However, Otobe’s arrest underscores the company’s shift toward leveraging criminal laws to combat hardware modifications and piracy.

During the Tokyo eSports Festa, Koji Nishiura, Nintendo’s chief patent attorney, acknowledged that emulation itself is technically legal but emphasized that distributing copyrighted software through emulators is not. This distinction has been central to the company’s recent legal actions, including threats against developers of the popular Switch emulators Yuzu and Ryujinx. Both projects briefly ceased operations in 2024 following accusations that they facilitated the distribution of pirated software.

In Japan, bypassing copyright protection mechanisms is considered a violation of intellectual property laws, a point likely instrumental in Otobe’s arrest. Similar laws in the United States have also been used by Nintendo, as seen in a lawsuit against Modded Hardware, a business accused of selling modified Switch consoles preloaded with pirated games.

The timing of Nintendo’s renewed anti-piracy efforts coincides with the announcement of the upcoming Switch 2, which promises a larger screen and significant graphical upgrades. Although an official release date has not been disclosed, industry analysts expect more details in April.

Historically, consoles have become targets for emulation years after their initial launch. However, Yuzu broke this trend by enabling Nintendo Switch games to run on PCs within a year of the console’s 2017 debut. Whether Nintendo can prevent a similar fate for the Switch 2 remains to be seen, but the company appears committed to safeguarding its intellectual property through both legal and technological measures.