Switch modchip seller claims no wrongdoing, plans to take on Nintendo without a lawyer
This is going to go well...
The legal battle Nintendo has with Palworld developer Pocketpair is the one everybody has their eyes on, but now there’s more courtroom drama bubbling up that could prove to be even more interesting.
Nintendo threatened to sue Ryan Daly back in July over the sale of modded Switch units that enabled piracy, among other things. (h/t VGC) Nintendo said they’d follow through with the lawsuit if Daly didn’t halt sales of the modded Switch units, but Daly agreed to call off his operations. The only problem is that Daly never actually stopped sales.
Daly actually continued on with sales of the modded Switch units while claiming to look for a lawyer. With this being the case, Nintendo filed a federal court complaint with six charges against Daly, including “trafficking in circumvention devices” and copyright infringement. Daly has now fired back, saying he’s done nothing wrong.
Daly, responding to Nintendo’s court complaint, either denied wrongdoing outright or said he didn’t have enough information to confirm/deny, so therefore he denied anyway. Furthermore, Daly listed 17 ‘affirmative defenses’ that would supposedly clear his name, and they include fair use, invalid copyrights, unjust enrichment and fraudulent inducement.
From here, the legal battle will continue with both sides gathering evidence for discovery, and Daly will be doing so without a lawyer. It’s hard to imagine this going Daly’s way, but I guess we’ll have to keep a close watch and see what happens!
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styster
13h agoMy stance: Piracy is wrong.
ngamer01
11h agoThe thing some people don't realize though is that Nintendo will use any victories to establish precedence which will weaken any gray areas. Emulators may be legal for example, but not if courts find if they're on circumvention devices and almost any device could be a circumvention device.
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