Switch modchip seller denies Nintendo's copyright claims and will represent himself in court
Ryan Daly, the owner of the Michigan-based store Modded Hardware, has denied Nintendo's allegations that he failed to stop selling modchips despite the company's orders earlier this year.
The details:
In July, Nintendo filed a lawsuit against Daly and Modded Hardware, accusing the modder of continuing to sell modded Switch consoles and "MIG Switches," which can be used to play illegal pirated copies of games on unmodified systems. According to the complaint, Nintendo contacted Daly in March and demanded that the store stop selling the hardware, to which he allegedly agreed but continued to provide the products.
As reported by TorrentFreak, Daly has now responded legally to the claims, denying all wrongdoing. The modder's responses range from simply denying the accusations to stating that he lacks "sufficient information to either admit or deny the allegations," therefore also denying those claims.
Daly has also provided 17 "affirmative defenses," which are defenses aimed at potentially helping them avoid being found liable. These include "fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment."
Most notably, the modder appears to be representing himself in court against Nintendo, with the case currently in the discovery phase, during which both the plaintiff and defendant will gather evidence. Given that Nintendo's lawyers have a reputation for getting courts to impose harsh penalties on their opposition, Daly may seek additional legal assistance soon to give him a slightly better chance at winning the battle.
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