Nintendo Switch modders are willing to go to court without a lawyer
A company that provided the service of modifying Nintendo game consoles so that pirated game software could be played has been sued by Nintendo. Nintendo is demanding an injunction to stop copyright infringement such as modification and payment of damages, but the company denies Nintendo's claims and has stated its intention to fight the case in self-defense without hiring a lawyer.
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE
(PDF file)
'Modded Hardware' Defendant Denies Nintendo's Copyright Claims in Court * TorrentFreak
https://torrentfreak.com/modded-hardware-defendant-denies-nintendos-copyright-claims-in-court-241006/
Alleged Switch modder takes on Nintendo's legal might without a lawyer - Ars Technica
https://arstechnica.com/gaming/2024/10/accused-switch-modder-represents-himself-as-nintendo-lawsuit-moves-forward/
Nintendo has won several lawsuits, including shutting down websites that distribute pirated ROMs. For example, in 2022, the leader of the hacker group 'Team-Xecuter,' which created illegal copies of games for the Nintendo Switch and Nintendo 3DS, was sentenced to three years and four months in prison.
Hacker group leader with the same name as 'Koopa' sentenced to 3 years and 4 months in prison - GIGAZINE
Nintendo has also taken a strict stance against the development of emulators that reproduce the operation of game consoles. The development project for the Nintendo Switch emulator Ryujinx was discontinued after receiving a notice from Nintendo, and the repository was deleted from GitHub.
Nintendo Switch emulator 'Ryujinx' suspended after receiving notice from Nintendo - GIGAZINE
In June 2024, Nintendo filed a lawsuit against Modded Hardware, a company that modifies Nintendo game consoles, and its alleged operator, Ryan Daly, known as Homebrew Homie. Nintendo claimed that Modded Hardware was 'modifying Nintendo game consoles to enable them to play pirated games.' In addition, Nintendo demanded an injunction and damages for copyright infringement and violation of the Digital Millennium Copyright Act (DMCA), the return of profits gained through illegal activities, and the destruction of copyright-infringing products.
In March 2024, before filing the lawsuit, Nintendo had requested Modded Hardware to stop selling devices and modified consoles that enable pirated games, and an agreement had been reached. However, Modded Hardware did not stop selling them, so Nintendo decided to file a lawsuit.
The lawsuit alleges that Modded Hardware sold hardware that circumvented Nintendo's anti-piracy measures, offered modding services, and even sold modified Nintendo Switch consoles that loaded pirated games.
In response, Dally has denied almost all of Nintendo's claims and has chosen to refute them in court himself without hiring a lawyer.
Mr. Dalley presents the following affirmative defenses:
-Modded Hardware's actions fall under fair use.
- The copyright claimed by Nintendo is invalid.
- Nintendo does not have legal standing to bring a lawsuit like this.
- Nintendo reached an agreement with Modded Hardware through fraudulent means.
- Seek arbitration under the End User License Agreement (EULA)
- Nintendo's complaint does not constitute a valid claim.
- Nintendo is making an unfair profit.
If there is an infringement, it is negligent and not intentional.
However, as of the time of writing, these defenses have only been listed without detailed explanation, and Dally will need to concretely develop these claims and provide evidence in the upcoming litigation. 'This is noteworthy because it would be very difficult to win a case against a large company like Nintendo without a lawyer,' said TorrentFreak, a news site that specializes in piracy.
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in Game, Posted by log1i_yk