Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo Without a Lawyer - IGN
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The alleged Nintendo Switch modder who refused to shut down their business despite a warning from Mario maker Nintendo now appears to be taking the titan on in court without a lawyer.
  • voracitude@lemmy.worldEnglish
    186·
    3 个月前

    As reported by Torrent Freak, Ryan Daly, the alleged owner of modding company Modded Hardware, has denied any wrongdoing in court — even that he owns and operates the business at all.

    Daly mostly responded to the lawsuit’s claims by saying “denied” and otherwise claimed he lacked “sufficient information to either admit or deny the allegations.” His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.

    This guy sounds halfway to SovCit and entirely fucked.

      • voracitude@lemmy.worldEnglish
        36·
        2 个月前
        1. He’s going to court without a lawyer, which is always always always a bad idea (I wish that weren’t the case but it is a fact);
        2. He’s tried to claim he doesn’t own or operate the business in question;
        3. His defenses are spaghetti thrown at the wall:

        His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.

        Many of these (in fact, all but the arbitration clause; that’s probably from their TOS but won’t save him) are SovCit arguments and simply do not apply. They’re going to be dismantled in seconds in court, and I know that with at best a slightly-better-than-layperson understanding of the law. This guy is going to get thoroughly Bowser’d.

        • PriorityMotif@lemmy.worldEnglish
          1·
          2 个月前

          Pro se parties often get a more relaxed interpretation of their arguments because they can’t be expected to know everything about the law unlike an attorney. If there’s a chance that any of those arguments has merit then the judge will allow it.

      • ramble81@lemm.eeEnglish
        121·
        2 个月前

        “Wow, Nintendo, way to go, sentencing someone to hard time in prison for trying to enjoy your games in new and unique ways. Is this what you stand for?”

        • Cadeillac@lemmy.worldEnglish
          22·
          2 个月前

          What are you guys even talking about? He’s going in with out his own lawyers. Not a great idea. No where did I say I want Nintendo to win

          • ramble81@lemm.eeEnglish
            61·
            2 个月前

            We don’t want them to win either. The comment was a glib remark that usually people who go in without a lawyer get the book thrown at them. If so, a perfectly plausible outcome is actually being sentenced to jail. If so, that could look very bad for Nintendo. It’s all just hypothetical extrapolation.

            • havocpants@lemm.eeEnglish
              2·
              2 个月前

              If so, a perfectly plausible outcome is actually being sentenced to jail

              Not in a civil case, as other commenters pointed out. The plausible outcome will be this guy ceasing his business operations and paying Nintendo.

            • Cadeillac@lemmy.worldEnglish
              2·
              2 个月前

              Would the hardcore gaming community be mad if he went to jail? Yes. Are they already mad Nintendo is taking him to court? Yes. Will the general public care at all? No. Will the investors think Nintendo looks bad? No

              Edit: also, is everyone ignoring the fact that he distributed pirated software on the consoles?

      • PM_Your_Nudes_Please@lemmy.worldEnglish
        2·
        2 个月前

        I mean, they landed Gary Bowser in prison for 10 years for something very similar. Dude was just installing mod chips in Switches. He got out after only a few years due to a degenerative disease, (I think he has ALS, but that’s just off the top of my head,) but he still owes Nintendo $10M and they’re basically garnishing 30% of all of his pay for the rest of his life.

  • Krakaval@jlai.luEnglish
    921·
    3 个月前

    That’s the kind of guy who rushes into the final boss unprepared, isn’t it ?

  • Chozo@fedia.io
    69·
    3 个月前

    Ah yes, face up against one of the most litigious companies on the planet without a lawyer or any discernible legal experience of your own to speak of. I’m sure that’ll work real well.

    • PM_Your_Nudes_Please@lemmy.worldEnglish
      2·
      2 个月前

      The dude’s arguments sound like the kind of stuff that is frequently parroted by SovCits. My bet is that this dude is so nutty that no lawyers were willing to take him on as a client even if he asked. But I doubt he asked, because SovCits often believe they know more than the lawyers do.

      The stuff about not owning the company reeks of SovCit “I’m a man acting as an agent on behalf of my name” bullshit. The rest of his arguments also sound like common SovCit “throw legalese at the wall like it’s some sort of cheat code” stuff.

  • mindbleach@sh.itjust.worksEnglish
    56·
    2 个月前

    Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo

    Yeah!

    Without a Lawyer

    … idiot.

  • fine_sandy_bottom@lemmy.federate.ccEnglish
    571·
    2 个月前

    Sorry, my guy seems like a nit wit all the way up and down.

    If you want to sell mods as a side hustle that’s great, but don’t form a company with the explicit enterprise of infringing the rights of one of the largest and most litigious rights holders in the world.

  • SplashJackson@lemmy.caEnglish
    54·
    2 个月前

    Pretty sure he got paid by Nintendo to sue them stupidly so they could slam dunk the case and get a precedent that makes it easier for them to oppress developers

  • narc0tic_bird@lemm.eeEnglish
    49·
    3 个月前

    The absolute scenes if this guy wins.

    Yuzu devs and others be like “we could’ve easily won?”.

    (I know, not happening)

  • Atomic@sh.itjust.worksEnglish
    30·
    2 个月前

    alleging it “not only offers the hardware and firmware to create and play pirated games” but also provides “customers with copies of pirated Nintendo games.”

    I can see a world where he can offer hardware and firmware, with claims of other intended purposes.

    But the second part wherehe provides customers with pirated software is a slam dunk for nintendo.