It has often been said that the lawyer who represents himself has a fool for a client. That truism apparently extends to Switch modders as well, at least in the case of Ryan Daly. The operator of the now-defunct moddedhardware.com (archived) now owes Nintendo $2 million after a recent settlement filed in a Washington state District Court.
The final judgement, which was jointly agreed to by both parties, asserts that Daly knowingly sold devices such as the MIG Switch and MIG Dumper that "are primarily designed for the purpose of circumventing the [technological protection measures, and] have limited commercially significant purpose or use other than to circumvent the TPMs." Daly also sold and installed mod chips to get around Switch DRM and "copied and distributed certain copyrighted Nintendo games to his customers," according to the judgment.
Nintendo's lawsuit alleged that the company initially approached Daly about the sale of these devices in March 2024, and that Daly agreed at the time "both verbally and in signed writing" to refrain from further sales. After Daly continued to sell the devices, though, Nintendo took the further step of bringing this lawsuit last June.
Daly's pro se legal representation in the case was notable for its use of several novel affirmative defenses, including arguments that Nintendo's "alleged copyrights are invalid," that Nintendo "does not have standing to bring suit," and that Nintendo "procured a contract [with Daly] through fraudulent means." For the record, the judgment in this case reasserts that Nintendo "owns valid copyrights in works protected by the TPMs, including Nintendo games and the Nintendo Switch operating system."
In addition to $2 million in damages, Daly is specifically barred from "obtaining, possessing, accessing, or using" any DRM circumvention device or hacked console, with or without the intent to sell it. The judgment also bars Daly from publishing or "linking to" any website with instructions for hacking consoles and from "reverse engineering" any Nintendo consoles or games. Control of Daly's ModdedHardware.com domain name will also be transferred to Nintendo.
Nintendo's latest legal victory comes years after a $4.5 million plea deal with Gary "GaryOPA" Bowser, one of the leaders behind Team Xecuter and its SX line of Switch hacking devices. Bowser also served 14 months of a 40-month prison sentence in that case and said last year that he will likely be paying Nintendo back for the rest of his life.
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