Nintendo wins $2m piracy lawsuit against Switch hack seller

Nintendo has won a US$2 million lawsuit against Ryan Daly, operator of Modded Hardware, a website that sold devices enabling piracy on the Nintendo Switch.

The US federal court decision also requires Daly to shut down the Modded Hardware website and transfer its domain to Nintendo.

The ruling includes a permanent injunction that bars Daly from making, selling, or promoting devices that bypass Nintendo’s security measures in the future.

Modded Hardware was known for selling products like the MIG Switch flashcart, which could allow users to play Nintendo games without physical cartridges.

Nintendo has taken similar legal action before, including a 2024 lawsuit against the makers of the Yuzu emulator, which ended with a US$2.4 million settlement and a permanent ban on related activities.

🔗 Source: Engadget

🧠 Food for thought

Implications, context, and why it matters.

Nintendo’s legal enforcement strategy has grown more comprehensive over time

The $2 million settlement against Modded Hardware represents an escalation in Nintendo’s enforcement tactics beyond just monetary damages.
Earlier cases focused primarily on financial penalties, like the $1.5 million awarded against James Burt in Australia in 2010 for uploading “New Super Mario Bros.” 1.
Recent cases show Nintendo now demands comprehensive shutdowns: the Modded Hardware case requires domain forfeiture and lifetime bans on involvement with circumvention devices.
The permanent injunctions prevent defendants from any future involvement in piracy-enabling businesses, creating a deterrent effect that extends far beyond individual cases.

Nintendo has developed a successful global legal playbook with consistent results across jurisdictions

Nintendo’s enforcement strategy has proven effective across multiple countries, with significant victories in the US, Canada, UK, Italy, and Australia over the past decade.
The Canadian case against Go Cyber Shopping resulted in $11.76 million in statutory damages plus $1 million in punitive damages, while the UK court ordered five major ISPs to block piracy-enabling websites 2 3.
Courts consistently validate Nintendo’s technical protection measures as “proportionate and lawful,” a finding that emerged in Italy in 2015 and has been replicated in other jurisdictions 4.