Published on: October 07, 2024
Nintendo Takes Legal Action Against Switch Piracy with Lawsuits Against Modded Hardware and Pirate Shop Operators
Nintendo, a global leader in video game entertainment, has escalated its battle against Nintendo Switch piracy by filing lawsuits against individuals and groups accused of distributing mod chips and facilitating piracy networks.
This move, recently reported by Torrent Freak, highlights the company's ongoing commitment to protect its intellectual property and the integrity of its Nintendo Switch ecosystem.
Legal Action Targets Modded Hardware and Unauthorized Game Distribution
In the first lawsuit, Nintendo has targeted Modded Hardware, a business accused of selling mod chips and memory interface devices (MIG Switch) that circumvent the Nintendo Switch's security systems.
The company alleges that Modded Hardware, led by owner Ryan Daly, not only provided the hardware and firmware needed to bypass digital rights management but also supplied customers with consoles preloaded with pirated titles, including iconic franchises such as Super Mario, The Legend of Zelda, and Metroid.
Despite initial contact from Nintendo and an agreement to halt unlawful activity, the lawsuit claims that Modded Hardware continued to distribute modded consoles and circumvention devices.
Daly, after expressing intent to seek new legal representation, now faces a formal lawsuit alleging copyright infringement and violations of the Digital Millennium Copyright Act (DMCA).
Nintendo’s legal complaint details its demands for an immediate halt to all sales of mod chips and MIG Switch devices while also seeking damages for ongoing violations.
According to the lawsuit, the accused "not only offers the hardware and firmware to create and play pirated games, but also provides customers with pirated Nintendo titles preinstalled on modded consoles."
The legal filing emphasizes that "illegal marketplaces distributing pirated Nintendo Switch games thrive only because of products and services such as those sold by [the defendant]," directly linking hardware sales to the broader piracy ecosystem undermining the Nintendo eShop and official game sales.
Lawsuit Filed Against Alleged Pirate Shop Operator
Separately, Nintendo has initiated legal proceedings against James Williams, also known online as "Archbox," identifying him as a key operator behind several "pirate shops" that distribute unauthorized Nintendo Switch games.
Williams is accused of running sites including Jack-in-the-Shop, Turtle in the Shop, NekoDrive, and LiberaShop, with only the latter remaining accessible after Nintendo issued cease and desist letters.
The complaint includes charges of direct and contributory copyright infringement, DMCA violations, and breach of contract, all tied to the illicit distribution of Nintendo’s proprietary content.
Court documents state that Williams "operated and oversaw multiple Pirate Shops, offering vast libraries of pirated Nintendo Switch games." Additionally, Nintendo alleges that Williams played a pivotal role as a moderator in the SwitchPirates Reddit community, which grew to nearly 190,000 members, posting technical advice and instructions on how users could access pirated software.
The lawsuit specifically cites public admissions of piracy by Williams, emphasizing the intentional and knowing violation of Nintendo’s intellectual property rights.
Developments and Next Steps
As of October 7, Ryan Daly has responded to Nintendo’s complaint, choosing to represent himself and denying the core allegations.
Daly asserts various legal defenses, including fair use, invalid copyrights, and a lack of standing.
The case is progressing to the discovery phase, during which evidence will be exchanged between the parties.
Meanwhile, the Modded Hardware website is no longer accessible to the public and now requires a password for entry.
Nintendo’s aggressive legal strategy sends a clear message about its zero-tolerance policy on piracy and circumvention, reaffirming its dedication to safeguarding its Switch, Nintendo eShop, and developer partners' interests.
The outcomes of these lawsuits will be closely watched across the gaming industry.
For the latest updates and further coverage, thanks to reporting from Torrent Freak.
Nintendo Switch Nintendo Switch Nintendo Switch games Modded Hardware Ryan Daly James Williams Archbox Jack-in-the-Shop Turtle in the Shop NekoDrive LiberaShop Torrent Freak SwitchPirates