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.
Yeah, this has all the ear markings of a sovcit…
whats sovcit
https://en.wikipedia.org/wiki/Sovereign_citizen_movement
Morons who think their country’s laws don’t apply to them.
oooh that’s interesting there is something similar in germany too
basically people who think the legal system has hidden cheat codes, and if you can say the magic words then all of a sudden certain laws no longer apply to you
My guess is “sovereign citizen”
Based on what?
- 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);
- He’s tried to claim he doesn’t own or operate the business in question;
- 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.
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.
“A man who is his own lawyer has a fool for a client”
“And with God as my witness, I am that fool!”
Now I need to watch the two Addams Family films again.
This doesn’t seem like a great idea
If this guy gets 20 years over some silly shit Nintendo is going to look worse.
“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?”
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
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.
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.
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?
I didn’t know jail was a civil remedy but hey you seem to know law
Is this a criminal trial? Is Nintendo taking over for the DA now?
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.
That’s the kind of guy who rushes into the final boss unprepared, isn’t it ?
“LEEROOOOY JENKINSSS!!!”
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.
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.
To shreds you say?
And his lawyer?
To shreds you say?
Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo
Yeah!
Without a Lawyer
… idiot.
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
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.
infringing their claimed rights
The absolute scenes if this guy wins.
Yuzu devs and others be like “we could’ve easily won?”.
(I know, not happening)
F
Here’s the origin article from torrentfreak. https://torrentfreak.com/modded-hardware-defendant-denies-nintendos-copyright-claims-in-court-241006/
Shitty IGN is just re-reporting based on torrent freak with less info.
God bless you, you crazy bastard you.
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.
Yup, nail in the coffin if there is substantial evidence
He’s fucked beyond fucked
