Since the Switch 2’s release, Nintendo has threatened game and console ownership to their consumers. They executed countermeasures involving console bricking on third-party docks, hacking detection hardware, and limited game share. Their latest action could damage future Switch 2 game sales, including Donkey Kong Bananza.
On July 10, FBI Atlanta reported they received authorization to shut down video game piracy sites and can arrest anyone involved in these operations. Intel identified the listed sites as mostly Nintendo Switch ROMs providers. Gamers believe Nintendo needs to clarify the difference between piracy and emulation. The Big N has refused to confirm their cooperation.
What Led to Nintendo’s FBI Call?
Nintendo has had a strict policy against game emulation for over a decade. FBI Atlanta has revealed the whereabouts of Nintendo ROM sites in the past four years. The websites that were identified are NSW2U, NSWdl, and BigNGame. Other sites revealed on the list show that Sony and other AAA game studios are joining the hunt.
For the Super Mario company, their mission is to stop anyone from providing ROM downloads of their Switch releases. They fear gamers with a competitor’s handheld, like Valve’s Steam Deck, could abuse its PC systems to emulate Switch games. Nintendo’s worries were deemed valid after seizing the app, Ryujinx, in 2021. Lead app developer Gary Bowser was sentenced 40 months and charged with $14.5 million for selling it in chipware.
In the same year, NSW2U was added to the European Union’s Counterfeit and Piracy Watch list. The website’s operations were later blocked by the UK, Portugal, Spain, Germany, and France in February 2025. According to the Entertainment Software Association, representatives of Nintendo, Microsoft, and other game corporations sent a letter to the platform to shut down their site. Their request was ignored, which escalated to contacting the FBI to prevent further downloads in the US.
Game Companies Lack of Defining Piracy
After the public was informed on July 10, gamers felt that Nintendo and their competitors were abusing their authority. The main issue they find with emulation is that it takes away sales from their official product. This reasoning does not hold well for these developers who have launched remasters and remakes of popular past games. Nintendo themselves have followed this strategy after releasing Super Mario RPG (2024) and Paper Mario: The Thousand-Year Door (2024).
Game companies also sell game ports for consumers to play on their available hardware. Nintendo does not consider them as emulation, then criticizes anyone using a PC to play older titles. The problem gamers see with the Big N’s method is that they have repeatedly sold ports since the Virtual Console Channel on the Wii. Emulation became a method to play ROM hacks or experienced titles that have been delisted. Ubisoft is seen as the leading game company to stop purchases on past titles.
Consumers argue that Nintendo and other AAA game corporations should take the time to define piracy rather than rushing into extreme legal measures. Throughout emulation’s history, there has been no effort to differentiate it from piracy due to the methods of obtaining a ROM.
Donkey Kong Bananza At Risk
Nintendo’s actions against game and console ownership have tainted a successful future for the Switch 2. They successfully have their consumers purchase the $450 handheld and Mario Kart World digital for $80. Yet, their business decisions have led them to bricking consoles.
Their new method found itself in controversy. Switch 2 owners are not allowed to buy second-hand games and will cause the console to stop functioning. This could be Nintendo’s response to anti-piracy of their previous and future titles. The Switch 2’s next title, Donkey Kong Bananza, is releasing on July 17. The recent backlash could threaten its sales as more consumers endure the company’s methods. The leader of the DK crew could survive through its hype.
