Nintendo, renowned for its aggressive stance against intellectual property infringement, has taken legal action against Modded Hardware, a company accused of providing tools and pirated games for Nintendo Switch consoles. The company filed a lawsuit in US courts in June 2024 against Ryan Daly, the alleged operator of Modded Hardware, claiming the company provided firmware and hardware specifically designed to create and play pirated Nintendo games. Furthermore, Nintendo alleges Modded Hardware directly supplied customers with “copies of pirated Nintendo games.”
According to the lawsuit, Nintendo offered Daly a chance to cease operations in March 2024. Both parties agreed that Modded Hardware’s business would completely shut down. However, this agreement wasn’t honored. As a result, Nintendo issued a final warning in May 2024, leading to the lawsuit filing the following month.
Daly, appearing in court without legal representation, has denied all allegations. He responded to the lawsuit claims by citing a lack of sufficient information to either admit or deny the allegations, fair use, an arbitration clause, failure to state a claim, invalid copyrights, a lack of standing, and more.
Nintendo’s lawsuit paints a clear picture of Modded Hardware’s alleged role in facilitating piracy: “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.” The lawsuit further emphasizes the company’s role in the broader piracy ecosystem, stating that “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.”
The case is ongoing, and the outcome will likely have significant implications for the fight against video game piracy. It remains to be seen how this legal battle will unfold and what repercussions, if any, await Daly and Modded Hardware.
