By Sagar V. Mankar Nintendo has just filed two major lawsuits in a Washington federal court, targeting individuals who they claim are facilitating Nintendo Switch piracy:
- A lawsuit against Modded Hardware and its owner, Ryan Daly, for allegedly providing hardware, firmware, and pirated games.
- A lawsuit against James Williams, known online as Archbox, for his alleged involvement in operating “pirate shops” and moderating online reddit piracy communities.
Case #1: Modded Hardware
The first lawsuit is against a Michigan resident named Ryan Daly, who allegedly operates under the alias “Homebrew Homie” and runs a business called Modded Hardware. But what’s got Nintendo’s lawyers all fired up?
According to the complaint, Modded Hardware is accused of:
- Selling mod-chips and MIG devices
- Shipping modded consoles pre-loaded with pirated games
- Offering mail-in modding services
Interestingly, Nintendo reportedly gave Modded Hardware owner Ryan Daly a chance to avoid litigation.
In March 2024, Nintendo reached out to Daly, where both parties reportedly agreed that Modded Hardware would cease its operations.
Despite this offer and a subsequent final warning in May 2024, Daly allegedly continued his operations, prompting Nintendo to take legal action in a federal court.
The suit details how Daly’s company preinstalls pirated games on hacked consoles, including some of Nintendo’s most popular titles such as Super Mario, The Legend of Zelda, and Metroid.
Nintendo is seeking immediate closure of Modded Hardware and damages, emphasizing the role such businesses play in facilitating piracy.
Case #2: Archbox
The second lawsuit targets an Arizona resident named James Williams, known online as ‘Archbox’. So, what’s his alleged crime?
Nintendo claims Archbox is:
- Connected to several ‘pirate shops‘ distributing pirated Nintendo Switch games
- A moderator of the r/SwitchPirates subreddit which has grown to nearly 190k members
- Through this community directs users to pirate shops, solicits donations on offering technical advice.
Nintendo claims that Williams is fully aware of the unlawful nature of his actions, citing public statements where he allegedly bragged about being a “pirate” who refuses to pay for Nintendo games.
Long History of Nintendo’s Action Against Piracy?
Nintendo’s fight against piracy is not new. Some recent actions include:
- DMCA Takedowns Against GameBanana Mods last month
- Successfully shutting down the Yuzu emulator in March 2024 even its forks known as Suyu and Sudachi on Discord and GitHub.
- Winning a $2.1 million lawsuit against RomUniverse in 2021
- Receiving over $12 million in damages in a similar case in 2018
- Blocking the GameCube and Wii emulator Dolphin from releasing on Steam
Nintendo’s aggressive stance against piracy sends a clear message to individuals and businesses involved in similar activities.
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