Nintendo files lawsuit against two individuals for pirating Switch games, citing "substantial and irreparable harm"

Nintendo of America has initiated legal actions against two individuals for allegedly distributing and selling "circumvention devices."

The documents, available on Torrent Freak, detail that Ryan Michael Daly from Modded Hardware is accused of selling modified consoles, unauthorized games, and mod chips. The claims include trafficking in circumvention devices, breaching copyright laws, violating the EULA contract, and causing contract interference.

Similarly, James C. Williams, known as 'Archbox,' faces charges of copyright infringement, bypassing technological defenses, trading in circumvention devices, and breaching contractual obligations.

The lawsuit, filed in Seattle on June 28, claims the defendants' actions in selling and distributing these devices and services have inflicted severe and irreparable damage on Nintendo.

The complaint against Daly highlights that he not only provides hardware and firmware for playing pirated games but also supplies customers with pirated Nintendo games themselves.

"Usually, when a customer buys a Hacked Console or Circumvention Services, Defendant installs a range of pirated games on the console, including Nintendo's major titles like Super Mario, The Legend of Zelda, and Metroid," the lawsuit states.

Nintendo asserts that such products and services enable the existence and proliferation of illegal markets distributing pirated software.

Regarding Williams, Nintendo claims he played a major role in moderating the SwitchPirates Reddit community, which grew to nearly 190,000 members.

In March 2024, Nintendo sent a cease and desist letter to both Daly and Williams and alleges that Williams publicly declared himself a pirate, boasting he wouldn't pay Nintendo for games.

"The defendant is fully aware that his actions violate Nintendo’s intellectual property rights," the lawsuit contends.

Earlier this year, in May, Nintendo issued a DMCA takedown for 8,535 GitHub repositories containing Yuzu Switch emulator code. This action came after a March settlement with Yuzu developer Tropic Haze, wherein Tropic Haze agreed to a $2.4 million settlement and cessation of software support.

Nintendo's legal battles extend back to February when it sued Tropic Haze for copyright infringement. Moreover, in April 2023, the Paris Court of Appeals ruled in favor of Nintendo in a case against sharehosting site operator Dstorage.