Nintendo files two lawsuits against individuals connected to Switch piracy
July 1: Nintendo recently filed a pair of lawsuits against individuals who the company believes facilitated piracy on Switch. Torrent Freak reported on the findings.
In the first lawsuit, Modded Hardware is accused of violating the DMCA by selling mod chips and MIG devices. Modded consoles with pirated games were apparently shipped as well. While Nintendo originally reached out to owner Ryan Daly with a lawsuit threat and it was agreed that unlawful activity would cease, Modded Hardware continued on. Daly eventually said he was looking for a new lawyer, but Nintendo wouldn’t wait any further and filed a proper lawsuit.
Modded Hardware stands accused of copyright infringement and violating the DMCA. Aside from requesting an immediate end to unlawful activities, including the end of sale for Mod Chips and the memory chip “MIG Switch” for pirated games, Nintendo is seeking damages.
Here’s an excerpt from the lawsuit:
“Defendant not only offers the hardware and firmware to create and play pirated games, but he also provides his customers with copies of pirated Nintendo games. Typically, when a customer purchases a Hacked Console or the Circumvention Services, Defendant preinstalls on the console a portfolio of ready-to-play pirated games, including some of Nintendo’s most popular titles such as its Super Mario, The Legend of Zelda, and Metroid games.”
“Indeed, because pirated Nintendo Switch games cannot be used or created without a Hacked Console and related software and hardware, it is only because of products and services such as those sold by Defendant that illegal marketplaces distributing pirated games exist and thrive.”
Elsewhere, James Williams – who also goes by Archbox online – is facing a lawsuit of his own for his involvement with “pirate shops” that distribute unauthorized games. Williams was apparently involved with Jack-in-the-Shop, Turtle in the Shop, NekoDrive, and LiberaShop. The first three closed after Nintendo sent a cease and desist letter, but LiberaShop is still up. Williams is accused of direct and contributory copyright infringement, DMCA violations, and breach of contract. Nintendo is seeking damages here as well.
We have the following excerpts from the lawsuit:
“Defendant is the operator, overseer, and driving force behind several Pirate Shops, through which Defendant has offered massive libraries of pirated Nintendo Switch games.”
“Defendant became a leading (if not the primary) moderator of the SwitchPirates Reddit community, which he helped grow to nearly 190,000 members. Since 2019, Defendant has posted thousands of comments and messages to the SwitchPirates Reddit Group.”
“Defendant’s posts have included, by way of example, messages directing users to the Pirate Shops […]; and offering technical advice and encouragement to other users about how to use the Pirate Shops, how to download and install Circumvention Software, and how to play pirated copies of Nintendo Switch games.”
“Defendant is well aware that his conduct is unlawful and infringes Nintendo’s intellectual property rights. Indeed, Defendant has bragged publicly that he is a ‘pirate’ who ‘[isn’t] going to give Nintendo $50 for a game.'”
October 7: Daly has responded to the complaint. He will be proceeding without a lawyer as of now, and has largely denied any wrongdoing. Daly’s affirmative defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment. The lawsuit will now progress to discovery process in which both parties can gather evidence.
Also worth noting, the Modded Hardware website can no longer be accessed. The page now requires a password.
Thanks to Torrent Freak for the latest update.
