Nintendo of America has initiated lawsuits against two individuals accused of infringing on its copyright through the trade and sale of “circumvention devices.” These devices enable the modification of consoles and the playing of pirated games, activities that Nintendo claims violate the Digital Millennium Copyright Act (DMCA) and other legal agreements.
The lawsuits target Ryan Michael Daly of Modded Hardware and James C. Williams, known online as ‘Archbox,’ who have both been accused of engaging in activities that cause significant harm to Nintendo’s business.
In detailed court documents, Nintendo alleges that Daly’s business involves selling modded consoles, pirated games, and mod chips, all of which contribute to the unlawful distribution and use of Nintendo’s copyrighted material.
Daly is accused of multiple violations, including copyright infringement, breaching end-user license agreements (EULA), and interfering with Nintendo’s contracts. Similarly, Williams faces accusations of copyright infringement and trafficking in devices designed to circumvent technological measures that protect copyrighted works.
The lawsuit, filed in Seattle on June 28, asserts that the actions of both defendants have caused substantial and irreparable harm to Nintendo. Daly is specifically accused of preinstalling pirated games on modded consoles and offering services that enable customers to play these illegal copies.
Nintendo highlights that this illegal activity impacts the company’s ability to control and profit from its intellectual property, citing popular titles like Super Mario and The Legend of Zelda among those pirated.
Furthermore, Nintendo claims Williams played a significant role in the distribution of pirated games through his moderation of the SwitchPirates Reddit community, which grew to nearly 190,000 members under his influence.
Despite receiving a cease and desist order in March 2024, Williams allegedly continued his activities, even publicly admitting his involvement in piracy. This defiance underscores Nintendo’s argument that Williams is fully aware of the illegality of his actions and their impact on the company’s rights.
Nintendo’s legal actions are part of broader efforts to combat piracy and protect its intellectual property. The company has taken similar steps against other entities involved in similar activities, such as issuing a DMCA takedown notice against thousands of GitHub repositories hosting code for the Yuzu emulator and reaching a multimillion-dollar settlement with Yuzu’s developer.
These cases reflect Nintendo’s aggressive stance against copyright infringement and its commitment to safeguarding its gaming ecosystem from unauthorized exploitation.
