Nintendo recently filed two lawsuits against people it claims facilitated hacking of the Nintendo Switch console. Torrent Freak reported the results of these prosecutions.
In the first lawsuit, Modded Hardware is accused of violating the DMCA by selling mod chips and MIG devices. Modded consoles with pirated games were apparently also shipped. While Nintendo initially threatened owner Ryan Daly with legal action and it was agreed that the illegal activities would stop, Modded Hardware continued its operations. Daly eventually stated that he was looking for a new lawyer, but Nintendo was unwilling to wait any longer and filed a full-blown lawsuit.
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Modded Hardware is being accused of copyright and DMCA infringement. In addition to demanding an immediate halt to illegal activities, including stopping the sale of Mod chips and the “MIG Switch” memory chip for pirated games, Nintendo is seeking damages.
“Defendant not only provides the hardware and firmware necessary to create and play pirated games, but also provides its customers with copies of pirated Nintendo games. Typically, when a customer purchases a pirated console or the circumvention services, Defendant pre-installs a portfolio of ready-to-play pirated games on the console, including some of Nintendo’s most popular titles such as its Super Mario, The Legend of Zelda, and Metroid games.”
“Indeed, since pirated Nintendo Switch games cannot be used or created without a pirated console and related software and hardware, it is only through products and services such as those sold by Defendant that illegal markets distributing pirated games exist and thrive.”
In the second case, James Williams, also known as Archbox Online, is being sued for his involvement in “pirate shops” that distribute unauthorized games. Williams was reportedly involved in Jack-in-the-Shop, Turtle in the Shop, NekoDrive, and LiberaShop. The first three closed after Nintendo sent them a cease and desist letter, but LiberaShop is still in business. Williams is being accused of direct and indirect copyright infringement, DMCA violation, and breach of contract. Nintendo is also seeking damages.
“Defendant is the operator, supervisor, and driving force behind multiple pirate stores, through which Defendant offered massive libraries of pirated Nintendo Switch games.”
“Defendant became a primary (if not the primary) moderator of the SwitchPirates Reddit community, helping to grow it to nearly 190,000 members. Since 2019, Defendant has posted thousands of comments and messages to the SwitchPirates Reddit group.”
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“The defendant's messages included, for example, messages directing users to pirate stores. […] ; and offering technical advice and encouragement to other users on how to use pirate stores, download and install circumvention software, and play pirated copies of Nintendo Switch games.
“Defendant is well aware that its conduct is illegal and violates Nintendo's intellectual property rights. Indeed, Defendant has publicly bragged about being a “pirate” who” [n’est pas] willing to give Nintendo $50 for a game.