Nintendo Secures Default Judgment in Piracy Lawsuit Against SwitchPirates Moderator

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Published on: November 13, 2024

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Nintendo has once again demonstrated its commitment to protecting its intellectual property by securing a default judgment in an ongoing anti-piracy legal battle relating to Nintendo Switch games.

The case, decided by the Superior Court of the state of Washington on November 8, 2024, centers on James 'Archbox' Williams, the lead moderator of the r/SwitchPirates subreddit, which has previously been associated with the distribution of pirated Nintendo Switch game libraries via various unauthorized platforms. Nintendo initiated multiple lawsuits in July 2024 as part of an intensified crackdown on Switch piracy.

One prominent target was Williams, who, in addition to moderating the r/SwitchPirates community on Reddit, allegedly facilitated access to unauthorized Nintendo Switch titles through so-called "pirate shops." According to court filings, Nintendo accused Williams of direct infringement of the company’s copyrights and sought actual or maximum statutory damages for multiple violations, referencing previous statements Williams made admitting to game piracy and a reluctance to purchase legitimate Nintendo Switch games via the eShop or retail channels. Despite the clear legal action, Williams failed to respond to the court within the time limits established by the Federal Rules of Civil Procedure.

As a result, the Washington court declared the case in default, enabling Nintendo to seek damages without the need for a full court hearing.

A judicial default of this nature typically results in the claimant, in this instance Nintendo, being awarded the damages requested in their filing, plus any applicable interest and costs. Court documents further reveal that Williams initially received a cease and desist letter from Nintendo in March 2024.

In his reply, Williams asserted that he would "comply and cooperate with any demands or requests within his control," while denying active infringement of Nintendo’s intellectual property.

Despite follow-up communications from both the court and Nintendo—sent to known and alternative addresses—Williams provided no formal legal defense within the required deadlines, prompting the court to proceed with the default ruling.

The court has the authority to set aside this judgment if evidence later emerges that Williams responded appropriately or can mount a valid defense, but as it stands, the judgment is a clear victory for Nintendo in its anti-piracy campaign. Meanwhile, a separate lawsuit filed by Nintendo in the same timeframe takes aim at Modded Hardware, a company allegedly engaged in the sale of modchips for the Nintendo Switch.

This case is moving forward, with the store’s alleged owner, Ryan Daly, representing himself in court. This round of legal activity underscores Nintendo’s ongoing dedication to combating piracy on the Nintendo Switch platform.

As digital distribution and piracy issues continue to challenge game developers and publishers worldwide, the company’s willingness to pursue decisive legal action sets a significant industry precedent, reinforcing the value of intellectual property in the gaming ecosystem.

Nintendo Archbox SwitchPirates James 'Archbox' Williams Superior Court of the state of Washington Washington's District Court Modded Hardware Ryan Daly r/SwitchPirates

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