Nintendo Strikes Back: Millions Sought in Lawsuit Against Switch Modders

Modded Hardware, a well-known gaming console modding team, has been in the spotlight for modifying devices or customizing them per user requests before selling them. Archbox, the moderator of the Reddit forum SwitchPirates, operates a store related to Switch products.

Nintendo has now filed a lawsuit in the Federal Court of Seattle, Washington, against Modded Hardware and Archbox, accusing them of modifying and distributing consoles with pirated games and assisting in the operation of various piracy stores.

Modded Hardware:

Though referred to as a team, Modded Hardware is actually run by Ryan Dlay, a resident of Michigan, USA. Nintendo had already contacted Ryan Dlay in March, threatening legal action, which led to an agreement to cease suspected illegal activities, including the sale of MIG devices (a type of storage card that can be used on the legitimate Switch) and modified gaming consoles.

However, despite the agreement, Modded Hardware did not cease operations. Nintendo contacted Ryan Dlay again in early June. Dlay mentioned seeking new legal representation, but Nintendo, running out of patience, proceeded with formal litigation.

Court documents reveal that Nintendo accuses Modded Hardware of copyright infringement and circumventing measures through the sale of such devices, actions that violate the Digital Millennium Copyright Act (DMCA), causing immense and irreparable damage to Nintendo. The company seeks an immediate halt to these activities and aims to recover losses, potentially amounting to millions of dollars.

Archbox:

James Williams, known as Archbox on the Reddit forum, is accused by Nintendo of being associated with multiple piracy game stores selling unauthorized games.

Nintendo's lawsuit states that the defendant has been involved in operating, supervising, and promoting several piracy game stores, through which a vast number of pirated Nintendo Switch games were provided.

Notably, Nintendo also discovered that Archbox assisted others in obtaining and using circumvention software to play pirated games. As the moderator of SwitchPirates, a subreddit with 190,000 members, Archbox was found posting and replying with instructions on how to access pirated games. Nintendo had contacted Archbox in March, leading to the closure of three out of four piracy stores he operated, with one continuing to offer thousands of pirated games on the Telegram platform.

No statements have been issued by the implicated parties yet. However, given that Nintendo's legal department typically proceeds with full evidence, it is highly likely that the accused will lose the lawsuit, potentially facing significant damages.