(I am not a lawyer and this is not professional legal advice. Do not confuse this article with legitimate legal advice.)
So… probably.
In the United States, you can be sued by anyone for anything (the courts have mechanisms to throw out frivolous lawsuits), and Nintendo most definitely would sue you in civil court for making a significant amount of money from them. So bear that in mind – whether it’s illegal or not, you might be buried under a lawsuit for making them anyway.
But that’s not technically an explanation of the law.
Most of the copyright law as far as distribution goes has not been settled in the courts – it’s theoretical at this point, and the categories of law has yet to catch up with the categories of software. Amiibo is a great example of this: the law only covers software, not physically-stored software meant to be used in conjunction with previously-purchased physical components and software. There’s about four more layers of complexity to it that has no law for it.
Instead, we’ll focus on the distribution aspect of the software, and assuming you’re selling the cards. Amiibo are copyrighted works and probably fall under the category of commercial software, making their distribution probably illegal, although US law is very, very young in this area. (because Nintendo presumably doesn’t want others to distribute amiibo files). This is not an absolutely certain conclusion, because amiibo also exist as physical figures and cards, and physical objects fall under different law. It is not 100% certain that amiibo cards or distribution is illegal if there’s a physical component to them. The law on this simply isn’t settled.
FAQs
Are fake Amiibo cards illegal? It appears that Nintendo has taken action against Amiibo Bootleg card sellers in the past, citing copyright as justification – selling prefabricated amiibo Bootleg is very illegal and can fall under piracy and/or copyright infringement. Fake amiibos won`t hurt your backup or console.
Can you get banned for using fake amiibo cards? ›
You're fine. The knock offs use the official . bin files anyways. Literally no difference from a data standpoint.
Is downloading amiibo bin files illegal? ›
Still illegal. Whether or not it's ethical is up for debate, since you've supported the official release, but in the eyes of the law, piracy is piracy no matter what you've spent your money on.
Does Nintendo allow amiibo cards? ›
You can use amiibo on Nintendo Switch by tapping them to the NFC touchpoint on the right Joy-Con or the Nintendo Switch Pro Controller (sold separately). You can use amiibo on New Nintendo 3DS, New Nintendo 3DS XL and New Nintendo 2DS XL by tapping them to the NFC area on the bottom screen.
Can Nintendo tell if you use fake amiibo? ›
No. They have no way of knowing you used a fake amiibo. The switch detects it all the same.
Can you erase an Amiibo card? ›
Complete These Steps:
From the HOME Menu select “System Settings,” then scroll down the menu on the left-hand side and select “amiibo”. Select the data you would like to delete. To delete game data only, select “Delete Game Data.” To delete all data on the amiibo, select “Reset amiibo”.
Do amiibo cards work forever? ›
no, its not true. they can still move away, but if you have the amiibo card, you can have them move in again after scanning it.
Can amiibo cards be scanned? ›
In this article, you'll learn how to scan an amiibo figure or amiibo card using the Nintendo Switch console. amiibo figures and amiibo cards are compatible with select titles only. In order to use amiibo, some games may require a software update.
Can you rewrite NFC tags? ›
NFC Tags are rewritable by default. Potentially, the NFC Tag can be rewritten endlessly. They are guaranteed to be rewritten up to 100,000 times (depending on the IC). However, you can also block them, so that they will no longer be rewritten.
Can I play as my amiibo? ›
In Super Smash Bros. for Wii U, players can battle against amiibo fighters, team up with them, or send them in against your friends' amiibo fighters in a multiplayer battle. Players do not have direct control over their amiibo fighters in-game.
While Nintendo CEO Satoru Iwata stated that Amiibo will be kept in stock, he also explained that some will be "limited-time offers which will cede their positions to new ones once they are sold out".
Can I use someone else's amiibo? ›
If the amiibo has been registered to a different user, you will need to reset the amiibo data before you can register it.
How to use Sanrio amiibo cards? ›
Go to Resident Services and scan the amiibo card of your choice at the Nook Stop terminal. Once the villager is called, their corresponding Sanrio items will appear in the Nook Shopping section of the Nook Stop terminal under a Promotion tab.
