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.
There is no justice for poor man in this world
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
Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo
Yeah!
Without a Lawyer
… idiot.
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
F
-There’s a good chance you can beat Nintendo, but you’ve got to visualize how you’re going to win, okay?
-Gotcha…
A CONGENITAL HEART DEFECT HAS APPARENTLY FELLED NINTENDO’S LAWYER MOMENTS BEFORE THEY COULD STEP INTO THE COURTROOMhey all y’all telling me that it’s a good idea to fight nintendo? watch this one.
I know he wont win but i hope he does anyway. Or at least does something outrageous for entertainment.
“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.
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
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…
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.
To shreds you say?
And his lawyer?
To shreds you say?
If they win is going to be a very bad day for Nintendo.
And it’s not that imposible. As these kind of companies operate on the principle that “small” people would never go to court after them, so they don’t care if they actually have legal ground.
The guy even denies he owns his own business, I doubt he’ll do anything worthwhile in court.
I wonder if there’s any side benefits that if Nintendo destroy a mentally ill man’s life, they experience a PR backlash.
Anything’s possible, but…
I have a feeling that the people who are just smart and capable enough to pull this off without any prior legal training or experience are also smart and capable enough to realize how incredibly bad an idea it would be to try in the first place.
If you’re going to fight the case on principle, then it is a no-brainer to hire at least some sort of legal representation. In terms of expected value, I imagine that it’s practically buying free money, at least up to a point.
Lawyers don’t even try to represent themselves if they’re taken to court. They’ll be the first to tell you you need a lawyer no matter who you are. That’s no scenario where it isn’t a bad idea to try to represent yourself.
That’s the kind of guy who rushes into the final boss unprepared, isn’t it ?
“LEEROOOOY JENKINSSS!!!”
