Nintendo, Sega, and Konami agree: emulation will not be illegal, but they know where their limit is

In a recent meeting at the Tokyo eSports Festa 2025, representatives from major companies in the video game industry, such as Nintendo, Sega, and Konami, addressed the crucial issue of intellectual property (IP) rights and their impact on the sustainable growth of the sector. Koji Nishiura, patent attorney at Nintendo, emphasized that intellectual property rights are vital for the healthy development of the industry, highlighting the legal protection provided by different forms of IP, including trademarks, patents, and design rights.

Nishiura, who is also the deputy manager of Nintendo’s IP division, emphasized the diversity of rights the company seeks to acquire to strengthen its ability to protect its brand and business. This protection strategy becomes even more relevant following the recent legal controversies Nintendo has been involved in, such as the lawsuit against a streamer for broadcasting leaked games and the patent infringement lawsuit against Palworld developer, Pocketpair.

From Sega’s perspective, Kikuo Masumoto, head of the Corporate Development headquarters, commented that game creators can build on the ideas of others, which is essential for the evolution of the industry. However, he warned that there is a limit to imitation before the situation becomes a legal issue. Unlike Nintendo, Masumoto noted that Sega does not seek to restrict the use of its technologies through patents, allowing their use in exchange for licenses.

Nintendo, making it clear when emulation is illegal

For his part, Shunsuke Murase, manager of the legal department at Konami, added that licensing game mechanics and technologies is essential to recoup investments, especially in a context where development costs are constantly increasing. Still, from Nintendo, it is noted that although an emulator is not illegal by itself, its legality depends on the use given to it, which adds a layer of complexity in the interpretation and application of IP law in different territories.

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