Nintendo secures a $2 million settlement and a permanent injunction against a Switch software pirate

Nintendo has successfully obtained a $2 million settlement and court order against Ryan Michael Daly, one of the individuals they took legal action against last July. The company accused Daly of distributing and selling devices that infringe on their copyrights by bypassing security features.

Through his website, Modded Hardware, Daly marketed products such as the MIG Switch and MIG Dumper. Initially, Daly denied any illegal activity, but has now agreed to the settlement to avoid a judicial process.

Daly faced accusations including trafficking in circumvention devices, copyright violations, breach of the EULA contract, and interference with contracts. He has now recognized his infringement of both copyright laws and the DMCA’s anti-circumvention regulations as detailed in a recent court order.

Court documents disclose that Daly’s activities resulted in significant and irreparable harm to Nintendo of America, as these devices enabled users to illegally create, share, and play pirated Nintendo games extensively. This activity has negatively impacted Nintendo's reputation, reduced its customer base, and led to widespread undetectable copying of its products.

The judgment also includes a permanent injunction prohibiting Daly and anyone acting on his behalf from engaging in activities such as selling, marketing, or distributing devices that could bypass Nintendo's technological security measures, targeting gadgets like Mod Chips, MIG Dumpers, and MIG Switches.

In a related crackdown, the FBI seized the Nintendo Switch piracy site Nsw2u this July, as part of a broader law enforcement operation.