In June 2024, Nintendo filed a lawsuit against Modded Hardware and its alleged operator, Michigan-resident Ryan Daly.
In a complaint filed at a federal court in Seattle, Washington, Nintendo accused Modded Hardware of copyright infringement and violating the DMCA by trafficking in circumvention devices, among other things.
The case is part of Nintendo’s broader enforcement strategy to prevent the public from playing pirated games on the Switch console. The Japanese gaming company has won several lawsuits and previously referred the infamous hacking group Team-Xecuter to U.S. authorities, which led to its demise.
Initial Denial
In the complaint, Nintendo alleged that Modded Hardware sold devices designed to circumvent its piracy protections. These include mod chips and ‘MIG Switch’ devices, which allow people to play pirated copies of Nintendo Switch games on authentic consoles.
In October 2024, Daly responded to the lawsuit pro se (without an attorney), denying any wrongdoing. He specifically denied the claim that he owned and operated the Modded Hardware business. At the time, access to the Modded Hardware website had already been restricted with a password-protected login.
With Daly’s response on the record, a trial was scheduled for January 2026, pitting the defendant against a team of seasoned Nintendo lawyers. After the parties agreed on a joint stipulation late last week, that scenario will likely be avoided.
Modded Hardware & Nintendo Reach Settlement
Following private discussions, both parties agreed to a final judgment in which Daly agrees that he trafficked in “circumvention devices” and “hacked consoles” that allowed Nintendo Switch users to play pirated games. According to the proposed judgment, this violated Nintendo’s rights under the DMCA and the U.S. Copyright Act.
As part of this settlement, Nintendo will be awarded $2,000,000 in compensation. There is no specific breakdown for this damages figure, but the stipulation mentions that Nintendo suffered losses due to the piracy enabled through Modded Hardware.
“Defendant’s conduct has caused NOA significant and irreparable harm. For example, the MIG Devices, Mod Chips, Hacked Consoles, and Circumvention Services allow members of the public to create, distribute, and play pirated Nintendo games on a massive scale,” the proposed judgment reads.
Permanent Injunction
In addition to the agreed judgment, Nintendo and Daly also reached agreement on a permanent injunction. This prohibits the defendant from owning, selling, creating, or trafficking in “Circumvention Devices” such as mod chips, MIG Dumpers, MIG Switches, and “Hacked Consoles”.
Even linking to third-party sites that offer these devices is off-limits. In addition, Daly is personally restrained from reverse engineering or otherwise tampering with any of Nintendo’s products going forward.
Finally, the proposed injunction requires the defendant to hand over the moddedhearware.com domain name to Nintendo, while destroying any circumvention devices still in his possession.
The provided documents don’t include any background on how this settlement was reached, but it is clear that both parties prefer not to go to trial. At the time of writing, the court has yet to approve the final judgment and the injunction, but that only seems a formality.
—
A copy of the Joint Stipulation for Entry of Final Judgment, submitted at the Seattle federal court, is available here (pdf). A copy of the proposed Judgment and the Permanent Injunction can be found here (pdf)
From: TF, for the latest news on copyright battles, piracy and more.
Powered by WPeMatico
