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.
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.
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.
"A man who is his own lawyer has a fool for a client"
"And with God as my witness, I am that fool!"
Now I need to watch the two Addams Family films again.
This doesn't seem like a great idea
If this guy gets 20 years over some silly shit Nintendo is going to look worse.
I didn't know jail was a civil remedy but hey you seem to know law
Is this a criminal trial? Is Nintendo taking over for the DA now?
I mean, they landed Gary Bowser in prison for 10 years for something very similar. Dude was just installing mod chips in Switches. He got out after only a few years due to a degenerative disease, (I think he has ALS, but that’s just off the top of my head,) but he still owes Nintendo $10M and they’re basically garnishing 30% of all of his pay for the rest of his life.
That’s the kind of guy who rushes into the final boss unprepared, isn’t it ?
To shreds you say?
And his lawyer?
To shreds you say?
Ah yes, face up against one of the most litigious companies on the planet without a lawyer or any discernible legal experience of your own to speak of. I'm sure that'll work real well.
The dude’s arguments sound like the kind of stuff that is frequently parroted by SovCits. My bet is that this dude is so nutty that no lawyers were willing to take him on as a client even if he asked. But I doubt he asked, because SovCits often believe they know more than the lawyers do.
The stuff about not owning the company reeks of SovCit “I’m a man acting as an agent on behalf of my name” bullshit. The rest of his arguments also sound like common SovCit “throw legalese at the wall like it’s some sort of cheat code” stuff.
Sorry, my guy seems like a nit wit all the way up and down.
If you want to sell mods as a side hustle that's great, but don't form a company with the explicit enterprise of infringing the rights of one of the largest and most litigious rights holders in the world.
infringing their claimed rights
Pretty sure he got paid by Nintendo to sue them stupidly so they could slam dunk the case and get a precedent that makes it easier for them to oppress developers
The absolute scenes if this guy wins.
Yuzu devs and others be like "we could've easily won?".
(I know, not happening)
This isn't Hitchhikers Guide, we don't have an improbability drive.
God bless you, you crazy bastard you.
Here's the origin article from torrentfreak. https://torrentfreak.com/modded-hardware-defendant-denies-nintendos-copyright-claims-in-court-241006/
Shitty IGN is just re-reporting based on torrent freak with less info.
F
alleging it "not only offers the hardware and firmware to create and play pirated games" but also provides "customers with copies of pirated Nintendo games."
I can see a world where he can offer hardware and firmware, with claims of other intended purposes.
But the second part wherehe provides customers with pirated software is a slam dunk for nintendo.
Yup, nail in the coffin if there is substantial evidence
He's fucked beyond fucked
There is no justice for poor man in this world
I hope he wins but it isn't looking good.
-There's a good chance you can beat Nintendo, but you've got to visualize how you're going to win, okay?
-Gotcha...
A CONGENITAL HEART DEFECT HAS APPARENTLY FELLED NINTENDO'S LAWYER MOMENTS BEFORE THEY COULD STEP INTO THE COURTROOMIt's super effective.
If they win is going to be a very bad day for Nintendo.
And it's not that imposible. As these kind of companies operate on the principle that "small" people would never go to court after them, so they don't care if they actually have legal ground.
The guy even denies he owns his own business, I doubt he'll do anything worthwhile in court.
IANAL, but I don't think he's claiming he doesn't own the business, but that the "offers for sale a variety of products and services designed to circumvent and bypass Nintendo's TPMs" is wrong. The only argument I can see at this point is "The TPM ceases to be Nintendo's after the customer purchases it". I have no idea if that's his angle or if it's a solid argument.
Anything's possible, but...
I have a feeling that the people who are just smart and capable enough to pull this off without any prior legal training or experience are also smart and capable enough to realize how incredibly bad an idea it would be to try in the first place.
If you're going to fight the case on principle, then it is a no-brainer to hire at least some sort of legal representation. In terms of expected value, I imagine that it's practically buying free money, at least up to a point.
Lawyers don't even try to represent themselves if they're taken to court. They'll be the first to tell you you need a lawyer no matter who you are. There's no scenario where it isn't a bad idea to try to represent yourself.
I wonder if there's any side benefits that if Nintendo destroy a mentally ill man's life, they experience a PR backlash.
This is going to end well... /s
I know he wont win but i hope he does anyway. Or at least does something outrageous for entertainment.
I respect him for going down with his ship o7
"Mario maker Nintendo"
hey all y'all telling me that it's a good idea to fight nintendo? watch this one.