Nintendo wins $2 million in lawsuit against Michigan-based Switch modder

by Danny Craig ·
Nintendo wins $2 million in lawsuit against Michigan-based Switch modder
Nintendo

Nintendo has officially settled its lawsuit against  Michigan-based Ryan Daly, who operated a store called Modded Hardware and sold modchips that allowed pirated games to be played on the Switch.

The details:

  • Last year, Nintendo filed a lawsuit against Daly, claiming that the company had previously contacted the modder and ordered him to stop distributing modded Switch consoles and MIG Switches, which allow pirated games to be played. Despite the warning, Daly is said to have continued to sell the devices, prompting Nintendo to take further action, accusing him of "trafficking in circumvention devices" and copyright infringement.
  • Daly responded to the filing in October 2024, providing 17 "affirmative defenses," which could have potentially cleared him of liability. The defenses included "fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment," and the modder appeared to be planning to represent himself in court.
  • However, the lawsuit has not reached the courtroom, as Nintendo and Daly have reached an agreement in which the modchip seller will pay $2 million. Daly will also be unable to handle, sell, or promote any modded game consoles in the future, nor will he be able to provide any guides or assistance to others who wish to mod their systems.

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