Nintendo is doing everything it can to prevent people from playing pirated games on the Switch console.
The Japanese gaming company has won several lawsuits in recent history and shut down websites that distributed pirated ROMs.
Perhaps most notable was the criminal reference that resulted in the downfall of the notorious hacking group Team-Xecuter. The group had previously released several ‘jailbreak’ hacks for gaming consoles and was widely regarded as Nintendo’s greatest enemy.
With the victory over Team Xecuter, Nintendo hoped that the modding scene would be forgotten, but that is not what happened. In recent years, new tools and hardware solutions have been released, forcing Nintendo to once again put the pedal to the metal.
For example, Nintendo recently cracked down on several Switch piracy websites and services, including the Yuzu emulator, Lockpick, and MIG Switch.
Nintendo vs. Custom Hardware
Nintendo also took aim at Modded Hardware behind the scenes. The gaming giant reached out to its alleged owner and operator, Michigan resident Ryan Daly, who also goes by the alias “Homebrew Homie.”
In March, Nintendo threatened to sue him, after which both parties agreed to stop the alleged unlawful activities, including the sale of MIG devices and modified consoles.
Despite the agreement, Modded Hardware did not shut down; that led to further overtures from Nintendo earlier this month, after which it remained online. Daly said he was looking for a new lawyer, but Nintendo’s patience had run out and it followed up with a lawsuit.
In a complaint filed in a federal court in Seattle, Washington, Nintendo accuses Modded Hardware of copyright infringement and violating the DMCA by, among other things, trafficking in circumvention devices.
These unauthorized activities are causing Nintendo significant and irreparable harm, the company claims, and the company wants them to stop immediately. In addition, Nintendo hopes to recover damages, which could run into the millions of dollars.
Modchips, MIG Switch and copied games
The complaint states that Modded Hardware sells several pieces of hardware that circumvent piracy protections. These include Mod Chips and the “MIG Switch,” a memory card that allows people to play pirated copies of Nintendo Switch games on genuine consoles.
In addition to selling hardware hacks, the defendant also offered mail-in modding services and modded versions of Switch consoles for the less tech-savvy, which were reportedly loaded with pirated games, the complaint says.
“Defendant not only provides the hardware and firmware to create and play pirated games, but also provides its customers with copies of pirated Nintendo games,” the complaint states.
“Typically, when a customer purchases a hacked console or the Circumvention Services, Defendant installs on the console a portfolio of pre-built, pirated games, including some of Nintendo’s most popular titles, such as Super Mario, The Legend of Zelda, and Metroid.”
The sale of alleged circumvention devices is a problem, Nintendo writes, because it’s the only way people can play pirated games. As such, Nintendo’s piracy problem persists.
“Because pirated Nintendo Switch games cannot be used or created without a hacked console and associated software and hardware, it is only because of products and services like those sold by Defendants that illegal marketplaces distributing pirated games exist and thrive,” Nintendo writes.
Nintendo alleges that Modded Hardware and its alleged operator trafficked in circumvention devices by selling mod chips and MIG devices in violation of the DMCA, for which Nintendo is seeking damages.
Additionally, the gaming company is seeking damages for direct and contributory copyright infringement, accusing the defendant of adding pirated games to consoles. These hardware devices and consoles must all be destroyed, which may or may not include consoles sent in by customers.
Archbox & r/SwitchPirates
In addition to the Modded Hardware lawsuit, Nintendo has also filed a complaint in federal court in Washington against Arizona resident James Williams, known online as “Archbox.” Nintendo alleges that Archbox is connected to several “pirate stores” that distribute copies of unauthorized games.
“Defendant is the operator, regulator, and driving force behind several pirate stores, through which Defendant has offered vast libraries of pirated Nintendo Switch games,” the complaint states.
In addition to running these pirate shops, the suspect allegedly helped people obtain and use circumvention software so they could play pirated games. This activity was allegedly encouraged via the SwitchPirates subreddit, where Archbox was a moderator.
“Defendant became a leading (if not the primary) moderator of the SwitchPirates Reddit community, which he helped grow to nearly 190,000 members. Since 2019, Defendant has posted thousands of comments and messages to the SwitchPirates Reddit Group,” the complaint states.
“For example, the defendant’s messages included messages that directed users to the Pirate Shops […]; and providing technical advice and encouragement to other users on how to use the Pirate Shops, how to download and install Circumvention Software, and how to play pirated copies of Nintendo Switch games.”
The pirate stores Archbox is believed to be involved with include Jack-in-the-Shop, Turtle in the Shop and NekoDrive, all of which closed after Nintendo sent a letter in March urging them to cease operations.
A fourth store, LiberaShop, is still active, presumably on Telegram. It reportedly promotes and sells thousands of pirated Nintendo games to the public.
Self-proclaimed pirate
The allegations in the complaint shouldn’t surprise Archbox, Nintendo suggests. He’s reportedly a self-professed “pirate” who’s unwilling to pay for legitimate games, and who also helps others join the ranks of pirates.
“Defendant is well aware that his conduct is unlawful and infringes Nintendo’s intellectual property rights. In fact, Defendant has publicly bragged that he is a ‘pirate’ who ‘[isn’t] “I’m going to give Nintendo $50 for a game,” Nintendo writes.
The complaint includes a wide range of additional examples. Ultimately, it accuses Archbox of direct and contributory copyright infringement, various DMCA violations, including trafficking in circumvention devices, and breach of contract.
As with the Modded Hardware complaint, the alleged damages are not specified, but could theoretically run into the millions of dollars.
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A copy of the Modded Hardware complaint is available here (pdf) and the complaint against Archbox can be found here (pdf). We will be keeping a close eye on both cases and will likely discuss them, as well as the responses, in more detail at a later date.