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Nintendo’s Latest Piracy Lawsuit Hits Switch Mod Company After It Refuses to Shut Down

Nintendo continues to file lawsuits against alleged Nintendo Switch pirates, but the latest defendant doesn’t seem particularly concerned about the threats from the colossal company.

As reported by TorrentFreak, Nintendo has filed a lawsuit against modding company Modded Hardware, alleging that it “not only offers hardware and firmware to create and play pirated games” but also provides “customers with copies of pirated Nintendo games.”

But the lawsuit was filed after Nintendo allegedly offered Modded Hardware owner Ryan Daly the opportunity to leave. The gaming giant contacted Daly in March 2024, according to the lawsuit, and both sides agreed that Modded Hardware would cease operations.

However, it continued to operate normally, and a final warning in May 2024 allegedly also had no effect. As a result, Nintendo filed a lawsuit in federal court in Seattle, Washington, seeking the immediate closure of Modded Hardware and damages.

It is only because of products and services such as those sold by the Defendant that illegal markets for the distribution of pirated games exist and thrive.

“Typically, when a customer purchases a hacked console or uses a bypass service, the defendant pre-installs a range of ready-to-run pirated games on the console, including some of Nintendo’s most popular titles such as Super Mario, The Legend of Zelda, and Metroid games,” Nintendo’s lawsuit alleges.

“Indeed, because pirated Nintendo Switch games cannot be used or created without a hacked console and associated software and hardware, it is only through products and services such as those sold by Defendants that illegal markets for the distribution of pirated games exist and thrive.”

Nintendo also filed a lawsuit against James Williams, known online by his pseudonym Archbox, accusing him of alleged ties to several online “piracy stores” that sold illegal copies of Nintendo games.

“Defendant is the operator, overseer, and driving force behind several pirate stores through which Defendant has offered massive libraries of pirated Nintendo Switch games,” Nintendo claims. It also referenced the SwitchPirates Reddit community and noted Williams’ presence as a moderator, saying they helped grow it to nearly 190,000 members and posted thousands of comments since 2019.

“Defendants’ posts included, for example, messages directing users to pirate stores; requests for ‘donations’ in the form of Nintendo eShop gift cards to purchase games (or even requests for copies of the Nintendo Switch games themselves) that would be copied and then distributed in pirate stores; and offering technical advice and incentives to other users on how to use pirate stores, download and install software that bypasses security protections, and play pirated copies of Nintendo Switch games,” the lawsuit alleged.

“The defendant is fully aware that his conduct is unlawful and infringes upon Nintendo’s intellectual property rights. In fact, the defendant publicly boasted that he was a “pirate” who “(wouldn’t) give Nintendo $50 for a game.”

Nintendo has consistently taken legal action to protect its copyrighted content. A May 2024 takedown notice targeted 8,500 copies of the Switch emulator Yuzu after the emulator itself was taken down two months earlier. The original lawsuit against the creator of Tropic Haze claimed that the $70 The Legend of Zelda: Tears of the Kingdom game, a Nintendo video game release in 2023, had been pirated a million times before it even released.

Other successful lawsuits include those against game file-sharing site RomUniverse, which was ordered to pay $2.1 million in damages to Nintendo in 2021, after receiving more than $12 million in damages in a similar case in 2018. It also blocked the release of the GameCube and Wii emulator Dolphin on the PC gaming platform Steam.

Ryan Dinsdale is a freelance reporter for IGN. He’ll be talking Witcher all day long.