Alleged Switch modder takes on Nintendo’s legal might without a lawyer
When faced with a legal threat from Nintendo, most alleged modders, ROM pirates, and/or emulator makers will simply give in to a cease-and-desist demand, reach an out of court settlement, or plead guilty rather than hiring legal representation for what could be a lengthy, costly trial. Then there’s Ryan Daly, alleged owner of ModdedHardware.com, who has apparently decided to represent himself as a recent lawsuit brought against him by the Switch maker moves forward.
Nintendo says it first approached Daly in March about his site (currently password-protected but archived here) and its sales of modded Switch consoles, console modding services, and piracy-enabling devices such as the MIG Switch card that were pre-installed with popular Nintendo games. At that time, Daly agreed “both verbally and in signed writing” to refrain from these infringing sales, according to Nintendo. It was only after months of Daly continuing those sales and largely ignoring further contact from Nintendo that the company says it was forced to file its June lawsuit in a Seattle federal court.
In that initial lawsuit, Nintendo said it “received a communication from a lawyer purporting to represent [Daly]” in June, followed by a message days later that Daly “was in the process of obtaining new counsel.” That search for new counsel has seemingly not moved forward, as last week Daly filed a pro se response to Nintendo’s allegations, representing himself without any outside legal advice (thanks, TorrentFreak).
