Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo Without a Lawyer
Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo Without a Lawyer
The alleged Nintendo Switch modder who refused to shut down their business despite a warning from Mario maker Nintendo now appears to be taking the titan on in court without a lawyer.
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As reported by Torrent Freak, Ryan Daly, the alleged owner of modding company Modded Hardware, has denied any wrongdoing in court — even that he owns and operates the business at all.
Daly mostly responded to the lawsuit's claims by saying "denied" and otherwise claimed he lacked "sufficient information to either admit or deny the allegations." His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.
This guy sounds halfway to SovCit and entirely fucked.
Yeah, this has all the ear markings of a sovcit....
whats sovcit
https://en.wikipedia.org/wiki/Sovereign_citizen_movement
Morons who think their country's laws don't apply to them.
oooh that's interesting there is something similar in germany too
basically people who think the legal system has hidden cheat codes, and if you can say the magic words then all of a sudden certain laws no longer apply to you
My guess is "sovereign citizen"
Based on what?
- He's going to court without a lawyer, which is always always always a bad idea (I wish that weren't the case but it is a fact);
- He's tried to claim he doesn't own or operate the business in question;
- His defenses are spaghetti thrown at the wall:
His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.
Many of these (in fact, all but the arbitration clause; that's probably from their TOS but won't save him) are SovCit arguments and simply do not apply. They're going to be dismantled in seconds in court, and I know that with at best a slightly-better-than-layperson understanding of the law. This guy is going to get thoroughly Bowser'd.
Pro se parties often get a more relaxed interpretation of their arguments because they can't be expected to know everything about the law unlike an attorney. If there's a chance that any of those arguments has merit then the judge will allow it.