Switch modder took on Nintendo without a lawyer – can you guess if he won or not?

Switch modder took on Nintendo without a lawyer – can you guess if he won or not?

A Donkey Kong Bananza screenshot of DK.
No monkeying around (Nintendo)

Nintendo has won another lawsuit in its never-ending quest against piracy, as a Switch modder decided to represent himself in court.

You might have thought Nintendo’s ruthlessness when it comes to dishing out lawsuits might have deterred anyone from pirating their stuff, but somehow people never seem to learn.

We’ve already seen someone who sold modded Switch consoles being sent to prison in Japan earlier this year, and now another person who sold modified Nintendo hardware online has been ordered to pay $2 million (£1.4 million) in damages.

In a lawsuit filed in July last year, Nintendo accused Ryan Daley of copyright infringement and selling hacked devices like the MIG Switch and MIG Dumper via his Modded Hardware website – despite being issued a cease and desist letter earlier in March 2024.

After initially denying any wrongdoing, Daley has now agreed to pay Nintendo $2 million in damages, as part of a settlement to stop the case from going to court.

Daley, who defended his case against the lawsuit without a lawyer, has also been handed a permanent injunction which prevents him from ‘selling, providing, marketing, advertising, promoting, distributing, or otherwise trafficking in any devices whose purpose is to circumvent any technological protection measures contained within Nintendo video game consoles or video game software’.

In the settlement, filed in Seattle earlier this month, it reads: ‘Defendant’s conduct has caused Nintendo of America significant and irreparable harm. For example, the MIG devices, mod chips, hacked consoles, and circumvention services allow members of the public to create, distribute, and play pirated Nintendo games on a massive scale.

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‘Thus, the MIG devices, mod chips, hacked consoles, and circumvention services harm Nintendo of America’s goodwill, detract from Nintendo of America’s consumer base, and enable widespread illegal and difficult to detect copying.’

Over the past few years, Nintendo’s strong stance against piracy has led to the shutdown of several Switch emulators, including Yuzu, Citra, and Ryujinx. The company has even gone after YouTubers who promoted these kinds of devices on livestreams.

This isn’t the only lawsuit Nintendo has won this week. Genki, an accessory manufacturer that was sued by Nintendo for trademark infringement and false advertising over mocked-up Switch 2 consoles prior to its reveal, has similarly reached a settlement with the company.

As part of court documents, Genki is required to pay an undisclosed amount to Nintendo for damages and is now banned from using any Nintendo logo, design, or ‘anything confusingly similar thereto, in any manner in connection with its business’.

This even extends to any colour schemes which are ‘confusingly or substantially similar’ to Nintendo’s, across its product designs or marketing.

In other words, both court cases ended up exactly as you’d expect, and yet somehow people are still underestimating Nintendo’s lawyers and the company’s hatred for anyone messing with their stuff.

Nintendo Switch 2 graphic
Don’t go copying the Switch 2 colours (Nintendo)

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12 Comments

  1. sandy.bauch

    It’s interesting to see how Nintendo continues to protect its intellectual property. This ongoing battle highlights the challenges modders face in the gaming community. It’s always a tough situation when creativity meets legal boundaries.

  2. roob.bud

    You’re right; Nintendo is very protective of its IP. It’s fascinating how they balance innovation with legal action, often setting precedents in the gaming industry. It makes you wonder how this affects small developers looking to create unique experiences.

  3. shad03

    Absolutely, it’s intriguing to see how Nintendo manages to uphold its intellectual property while still fostering creativity among its fans. Their approach often sparks debates about the boundaries of fan projects and official content. It’ll be interesting to see how this impacts future modding communities.

  4. jherzog

    It’s definitely impressive! Nintendo’s commitment to protecting its IP highlights the challenges that modders face in the gaming community. It raises questions about how innovation can coexist with strict legal boundaries.

  5. kertzmann.edgar

    Absolutely! Nintendo’s strong stance on intellectual property shows just how vital they consider their brand and innovations. This case might also set a precedent for future modding activities, making it a significant moment in gaming law.

  6. misael10

    protection of their brand. It’s interesting to see how they consistently defend their rights, which often sets a precedent for other companies in the gaming industry. This case highlights the ongoing challenges modders face when pushing the boundaries of creativity.

  7. beier.clifford

    I agree, their commitment to brand protection is quite notable. It’s also fascinating how this ongoing legal battle highlights the balance between innovation and intellectual property rights in the gaming industry.

  8. viva39

    Indeed, their dedication to protecting their brand is impressive. It’s interesting to see how this ongoing legal battle reflects the broader issues of copyright and innovation in gaming. Nintendo’s actions might set precedents that could impact future modding communities.

  9. gward

    Absolutely, their commitment certainly sets a precedent in the gaming industry. It’s also worth noting how these legal battles often spark discussions about intellectual property rights and innovation, highlighting the fine line between creativity and copyright.

  10. walter.windler

    It’s interesting to see how Nintendo’s actions influence not only legal precedents but also the culture of modding in gaming. Their stance could deter other modders from pursuing similar projects in the future, impacting creativity and innovation in the community.

  11. leon.harber

    Absolutely, it’s fascinating how Nintendo’s legal battles shape both the gaming landscape and community culture. Their strong stance often sparks discussions about intellectual property and creative freedom, which can impact indie developers as well.

  12. russ63

    I agree, it’s intriguing to see how these legal decisions can influence game development and modding communities. It’s also a reminder of the fine line between innovation and infringement in the gaming industry.

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