Nintendo has sued a Switch mod chip seller and the moderator of a popular Reddit page dedicated to Switch piracy.
The company has filed complaints against Ryan Daly, who runs a store called Modded Hardware, and against r/SwitchPirates moderator Archbox, whose real name is James Williams, TorrentFreak reports.
The lawsuit filed against Modded Hardware alleges that Nintendo contacted Daly in March and threatened to sue him if he did not stop selling modified Switch consoles and MIG Switches (which allow pirated Switch games to be played on non-modified hardware).
According to Nintendo’s complaint, Daly agreed in March to stop selling the unauthorized devices but continued to do so anyway, saying he was hiring a new attorney.
Nintendo subsequently filed a complaint in a federal court in Seattle, charging Daly with six counts, including trafficking in circumvention devices and copyright infringement.
The lawsuit alleges that Daly not only sold mods to customers, but also offered a shipping service that allowed players to send in their Switch consoles and have them returned modded, often with pirated games installed.
“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 platform holder’s complaint states.
“Typically, when a customer purchases a hacked console or the circumvention services, Defendant pre-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.”
Nintendo is seeking monetary damages from Daly, as well as the complete closure of his website. It also wants him to “deliver to NOA all circumvention devices, hacked consoles, and all other physical or digital copies of materials that infringe or violate NOA’s rights.”
The second lawsuit was filed against Arizona resident James Williams, who Nintendo alleges is the “operator, supervisor, and driving force behind several pirate stores through which Defendant has offered vast libraries of pirated Nintendo Switch games.”
Williams also served as a moderator on the SwitchPirates Reddit group, where he went by the name Archbox and helped users with questions about modding their Switch consoles.
“Defendant became a key (if not the primary) moderator of the SwitchPirates Reddit community, which he helped grow to nearly 190,000 members,” Nintendo’s complaint said.
“Since 2019, Defendant has posted thousands of comments and messages on the SwitchPirates Reddit Group. Defendant’s posts include, for example, messages directing 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 complaint alleges that Williams was involved in three “pirate shops” that have since closed, and that a fourth is still operating.
It also includes quotes from Williams saying on Reddit that he refuses to pay Nintendo money for his products.
“Defendant is fully aware that his conduct is unlawful and infringes Nintendo’s intellectual property rights,” it reads. “Indeed, Defendant has publicly bragged that he is a ‘pirate’ who ‘[isn’t] “I’m going to give Nintendo 50 dollars for a game.”
Nintendo is seeking financial damages from Williams and is demanding that he close all remaining “pirate shops” and any associated social media accounts.