Nintendo has launched two new lawsuits against two individuals for piracy of Nintendo Switch games, and we think you’ll be very interested in one of those suits in particular.
As reported by TorrentFreak, the lawsuits are charged vs two individuals, who use the online handles Archbox and Modded Hardware.
We’ll get Archbox out of the way first. His real name is James Williams, he’s from Arizona, and he’s a moderator at the r/SwitchPirates subreddit. Archbox openly posted online, not just on Reddit, about pirating Switch games, and that he refuses to pay $ 50 for Nintendo Switch titles.
He also helped run several pirate shops dedicated to Switch games, including Jack-in-the-Shop, Turtle in the Shop, NekoDrive, and LiberaShop. LiberaShop is the only one still operating out of Telegram, as the other three shops have been shut down after Nintendo sent them cease and desist letters.
Archbox’s case is pretty straightforward, and it would be reasonable for Nintendo to get a quick verdict soon, though they may want to be meticulous to get a verdict favorable for setting precedents. But then there’s Modded Hardware.
Modded Hardware also used the alias Homebrew Homie, but his real name is Ryan Daly and he lives in Michigan. Nintendo warned him of a potential lawsuit in March, and Ryan promised to stop but did not close his store.
So, the details on the lawsuit against Modded Hardware include the selling of mod chips, the MiG Switch, modding services for pre-owned Switches, and selling modded Switches themselves. And here’s the kicker – he usually bundled these services with a bunch of pirated games, included for free.
So, here’s what Nintendo’s complaint says about this:
“Defendant not only offers the hardware and firmware to create and play pirated games, but he also provides his customers with copies of pirated Nintendo games.
Typically, when a customer purchases a Hacked Console or the Circumvention Services, Defendant preinstalls on the console a portfolio of ready-to-play pirated games, including some of Nintendo’s most popular titles such as its Super Mario, The Legend of Zelda, and Metroid games.
Indeed, because pirated Nintendo Switch games cannot be used or created without a Hacked Console and related software and hardware, it is only because of products and services such as those sold by Defendant that illegal marketplaces distributing pirated games exist and thrive.”
Ultimately, Nintendo’s argument vs Modded Hardware is that he violated the DMCA by selling the mod chips and MiG Switch devices, as well as just flat out copyright infringement by selling pirated games.
Nintendo has not gone after the manufacturer of the MiG Switch yet with a lawsuit, but these provisions suggest that they are either planning for it, or they may have quietly already contacted them. For those who don’t know, the MiG Switch is a flashcart for the Nintendo Switch, the modern day equivalent of the R4 on the Nintendo DS.
For now, we’ll lay off speculation on how Nintendo could take legal action vs. the MiG Switch, or if they have already done so. But this is a clear case of Nintendo going after a MiG Switch retailer, with the argument that it was clearly used for piracy.
Nintendo may be sending the message that they are not tolerating piracy this time, even now that they are preparing to announce and launch their next hardware. As Nintendo have stated, they still see the Switch as a viable product for at least the near future, and it may be that Nintendo plans a cross generation release for Switch and the successor, for at least the next year or two.
