Case 1:24-cv-00082-JJM-LDA Document 11 Filed 03/06/24 Page 1 of 6 PageID #: 68
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`UNITED STATES DISTRICT COURT
`DISTRICT OF RHODE ISLAND
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`NINTENDO OF AMERICA INC.,
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`Plaintiff,
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`NO. 24-CV-00082
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`v.
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`TROPIC HAZE LLC,
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`Defendant.
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`FINAL JUDGMENT AND PERMANENT INJUNCTION
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`This matter came before the Court on the parties’ Joint Motion for Entry of Final Judgment
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`and Permanent Injunction. The Court makes the following findings of fact.
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`FINDINGS OF FACT:
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`1.
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`Nintendo of America Inc. markets and distributes electronic video game consoles,
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`games, and accessories developed by Nintendo Co., Ltd. (together, “Nintendo”), including the
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`Nintendo Switch.
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`2.
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`The Nintendo Switch and Nintendo Switch video games contain technological
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`measures that effectively control access to copyrighted works and protect rights of copyright
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`owners, including Nintendo (the “Technological Measures”). Nintendo owns valid copyrights in
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`works protected by the Technological Measures, including its video games and the Nintendo
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`Switch operating system.
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`3.
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`Yuzu, a video game emulator, circumvents the Technological Measures and allows
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`for the play of encrypted Nintendo Switch games on devices other than a Nintendo Switch. For
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`example, Yuzu executes code that decrypts Nintendo Switch video games (including component
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`files) immediately before and during runtime using unauthorized copies of Nintendo Switch
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`cryptographic keys. Yuzu is primarily designed to circumvent and play Nintendo Switch games.
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`1
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`In the ordinary course of its operation with those games, Yuzu requires the Nintendo Switch’s
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`proprietary cryptographic keys to gain access to and play Nintendo Switch games.
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`4.
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`Developing or distributing software, including Yuzu, that in its ordinary course
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`functions only when cryptographic keys are integrated without authorization, violates the Digital
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`Millennium Copyright Act’s prohibition on trafficking in devices that circumvent effective
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`technological measures, because the software is primarily designed for the purpose of
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`circumventing technological measures. Id. § 1201(a)(2)(A).
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`NOW THEREFORE, IT IS HEREBY ORDERED that:
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`1.
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`2.
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`Plaintiff is awarded judgment against Defendant in the amount of US$2,400,000.
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`Each party shall bear its own costs and attorneys’ fees.
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`In addition, pursuant to Sections 502 and 1203 of the Copyright Act (17 U.S.C. §§ 502,
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`1203), 28 U.S.C. § 1651(a), the All Writs Act, 28 U.S.C. § 1651, and this Court’s inherent
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`equitable powers, IT IS HEREBY ORDERED that:
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`1.
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`A permanent injunction is entered against Defendant enjoining it and its members,
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`agents, servants, employees, independent contractors, successors, assigns, and all those acting in
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`privity or under its control from:
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`a.
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`Offering to the public, providing, marketing, advertising, promoting,
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`selling, testing, hosting, cloning, distributing, or otherwise trafficking in Yuzu or any
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`source code or features of Yuzu;
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`b.
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`Offering to the public, providing, marketing, advertising, promoting,
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`selling, testing, hosting, cloning, distributing, or otherwise trafficking in other software or
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`devices that circumvent Nintendo’s technical protection measures, including without
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`2
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`limitation by using unauthorized copies of Nintendo’s proprietary cryptographic keys to
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`decrypt Nintendo’s video games (or component files);
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`c.
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`Directly or indirectly infringing, or causing, enabling, facilitating,
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`encouraging, promoting, inducing, or participating in the infringement of, any of
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`Nintendo’s copyrights, trademarks, or other intellectual property, whether now in existence
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`or hereafter created, including but not limited to the unauthorized reproduction, display,
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`public performance, or distribution of any of Nintendo’s copyrighted video games or
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`operating systems, which includes the emulation of Nintendo’s video games;
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`d.
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`Committing any other violation of Nintendo’s intellectual property rights,
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`worldwide, whether now existing or hereafter created; and
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`e.
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`Effecting assignments or transfers, forming new entities or associations, or
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`using any other device for the purpose of circumventing or otherwise avoiding the
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`prohibitions set forth in subparagraphs (a)-(c).
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`2.
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`The Court further enjoins all third parties acting in active concert and participation
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`with Defendant from:
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`a.
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`Offering to the public, providing, marketing, advertising, promoting,
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`selling, testing, hosting, cloning, distributing, or otherwise trafficking in Yuzu or any
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`source code or features of Yuzu; and
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`b.
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`Offering to the public, providing, marketing, advertising, promoting,
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`selling, testing, hosting, cloning, distributing, or otherwise trafficking in other software or
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`devices that circumvent Nintendo’s technical protection measures, including without
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`limitation by using unauthorized copies of Nintendo’s proprietary cryptographic keys to
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`decrypt Nintendo’s video games (or component files).
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`3
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`3.
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`The Court further enjoins Defendant, its members, officers, agents, servants,
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`employees, independent contractors, successors, assigns, and all third parties acting in active
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`concert and participation with Defendant—including but not limited to any domain name registrars
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`or registries holding or listing Defendant’s Website—from supporting or facilitating access to any
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`or all domain names, URLs, websites (including, without limitation, YUZU-EMU.ORG),
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`including any successor websites, chatrooms, and other social media websites or apps through
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`which Defendant or its members trafficked or continue to traffic in circumvention devices or
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`software that circumvent Plaintiff’s technological protection measures, through which Defendant
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`or its members infringed or continue to infringe Plaintiff’s rights under the Copyright Act, or which
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`themselves infringe Plaintiff’s rights under the DMCA or Copyright Act.
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`4.
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`The Court further orders that Defendant and its members, officers, agents, servants,
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`employees, independent contractors, successors, assigns, attorneys, and all third parties acting in
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`active concert or participation with Defendant—including but not limited to any domain name
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`registrars or registries holding or listing Defendant’s Website:
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`a.
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`surrender, and permanently cease to use, the domain name YUZU-
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`EMU.ORG, any variant or successor thereof controlled by Defendant or its members, and
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`any other website or system that Defendant or its members owns or controls, directly or
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`indirectly, that involves or harms Nintendo’s Intellectual Property; and
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`b.
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`to the extent the domain is under Defendant or its members’ custody or
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`control, or under the control of registrars or registries with notice of this Order,
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`immediately transfer the domain name YUZU-EMU.ORG, any variant or successor thereof
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`controlled by Defendant or its members, and any other website or system that Defendant
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`4
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`or its members own or control, directly or indirectly, that involves Nintendo’s Intellectual
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`Property, to Plaintiff’s control.
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`5.
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`The Court further orders, pursuant to 17 U.S.C. §§ 503 & 1203, upon Nintendo’s
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`election and to the extent controlled by Defendant or its members, the destruction by deletion of
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`all circumvention devices, including all copies of Yuzu, all circumvention tools used for
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`developing or using Yuzu—such as TegraRcmGUI, Hekate, Atmosphère, Lockpick_RCM,
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`NDDumpTool, nxDumpFuse, and TegraExplorer, and all copies of Nintendo cryptographic keys
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`including the prod.keys, and all other electronic material within Defendant or its members’
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`custody, possession, or control that violate Nintendo’s rights under the DMCA or infringe
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`copyrights owned or exclusively licensed by Nintendo.
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`6.
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`The Court further orders, pursuant to 17 U.S.C. §§ 503 & 1203, upon Nintendo’s
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`election and to the extent controlled by Defendant or its members, the handing over to Nintendo
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`of all physical circumvention devices that circumvent or attempt to circumvent the Technological
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`Measures, and of modified Nintendo hardware, including modified Nintendo Switch consoles.
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`7.
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`With the exception of paragraphs 5 and 6 herein, the Court further enjoins
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`Defendant and its members from destroying, transferring, altering, moving, returning, concealing,
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`or in any manner hiding evidence relevant to the matters set forth herein—including any and all
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`video game consoles, video games (or constituent elements thereof, such as video game files),
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`ROMs, and video game emulators (and any digital files comprising the same) that infringe
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`Nintendo’s intellectual property rights, and/or which were used in connection with developing or
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`using Yuzu—unless authorized by Nintendo in writing. Defendant and its members are also
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`enjoined from allowing evidence to be destroyed, altered, or concealed by third parties if the
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`evidence is under Defendant or its members’ possession, custody, or control.
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`5
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`8.
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`This permanent injunction constitutes a binding court order, and any violations of
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`this order by Defendant or its members will subject them to the full scope of this Court’s contempt
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`authority, including punitive, coercive, and monetary sanctions.
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`9.
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`This permanent injunction is binding against Defendant and its members
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`worldwide, without regard to the territorial scope of the specific intellectual property rights
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`asserted in the Complaint of the above-captioned case, and may be enforced in any court of
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`competent jurisdiction wherever Defendant, its members, its assets, or its members’ assets may be
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`found.
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`10.
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`This Court shall maintain continuing jurisdiction over this action for the purpose of
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`enforcing this Final Judgment and Permanent Injunction. Plaintiff is not required to post any bond
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`or security in connection with the Final Judgment and Permanent Injunction, and Defendant has
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`permanently, irrevocably, and fully waived any right to request a bond or security.
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`IT IS FURTHER ORDERED that Judgment be entered in this matter in accordance with
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`the terms set forth above, and that the clerk be, and hereby is, directed to close this matter.
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`IT IS SO ORDERED.
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`_________________________________
`Hon. John J. McConnell, Chief Judge
`United States District Court, District of Rhode
`Island
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`6
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`Date: March 6th, 2024
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