Nintendo wins another lawsuit over MiG Switch reseller, defendant ordered to pay damages

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Here we go again: Nintendo has won another lawsuit, this time against a seller of MiG Switch devices and circumvention services that allowed for piracy on Nintendo Switch devices. Customers could go to a website called Modded Hardware to purchase pre-modded Switch consoles that came with warez installed. The defendant, Ryan Daly, has been ordered to pay Nintendo $2 million as a result of damages to the company after ignoring multiple cease and desist orders. He was also served with an injunction that forbids him from circumventing copyright protections on Nintendo devices in the future.

Defendant’s conduct has caused NOA significant and irreparable harm. For example, the MIG Devices, Mod Chips, Hacked Consoles, and Circumvention Services allow members of the public to create, distribute, and play pirated Nintendo games on a massive scale. Thus, the MIG devices, Mod Chips, Hacked Consoles, and Circumvention Services harm NOA's goodwill, detract from NOA's consumer base, and enable widespread illegal and difficult to detect copying.

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Damn someone selling a backup device with.... a Micro SD card with absolutely-not-his-backupped games in it.... another case of "Play stupid games win stupid prizes" folks.

Thanks to the MiG Switch I'm now worried about purchasing second hand games. A flagged cartridge (that is, a cartridge that was dumped with the MiG Switch Dumper and shared over the internet) can get your console banned.

This guy was selling Mig Switches loaded with roms, which came from legit cartridges... so yeah

The chance of running into one of those carts is slim. Especially if we're talking about more popular games.
 
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I buy used games all the time. IF Nintendo ever bans my Switch, because someone sold me a game that was dumped and shared, i have the time and the means to take them to court and i'm wiling to bet real money that they will revert my ban or offer me a brand new console just to avoid the bad press (since i do not use any circumvent hard of soft methods on my Switch).

An email would be enough. The bans are automated but if you contact them and show proof you bought the game that banned you, they'll unban you.
 
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I still find it hilarious that people use the mig in their switch 2 then complain when getting banned, or they keep the switch on low FW in hopes of a mod. people are that dumb and greedy. I could care less if my switch 2 ever gets modded. we got enough games for the other system already, enough is enough
the only reason i would want a modchip for the switch 2 is to be able to use game cheats and maybe homebrew emulators that work way better than nintendos barebones online versions however i would still run an emmunand in said situation and keep my stock untouched but at least for near future it is not possible to mod the switch 2 and as such i have no desire to buy one ill just stick with my switch 1
 
purchase pre-modded Switch consoles that came with warez installed
lmao, ez lawsuit for Nintendo. Makes me think of the time they lost against that superstore called Super Mario, makes me think they just win the ez stuff and play scary on the others
 
I've got to ask... why? Why are there people buying Mig Switch when CFW were available waaay before that?
I suppose the question is, does the mig switch work, without the need for cfw or a mod chip install? Like if it works on a stock console, that might be enough of an incentive right there.
 
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lmao, ez lawsuit for Nintendo. Makes me think of the time they lost against that superstore called Super Mario, makes me think they just win the ez stuff and play scary on the others
what is warrez for switch i have never heard of it i only know about atmosphere and hekate which are run by either using the rcm jig or having a mochip installed there also was sxos but the devs of that got shut down and arrested
 
I don't blame anyone for buying a MiG Switch with the price of games these days. Even as a legal backup. Losing a case full of carts when on holiday could cost like a thousand bucks.
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Ignoring cease and desist eh, not too smart
As long as he keeps showing up for court it's fine. It's a lot of stress though, because Nintendo lawyers often win on just a procedural basis against self represented litigants.
 
Thus, the MIG devices, Mod Chips, Hacked Consoles, and Circumvention Services harm NOA's goodwill, detract from NOA's consumer base, and enable widespread illegal and difficult to detect copying.

This is quite the irony. In a seeming bid to play up their position as the victim, Ninty inadvertently vouched for the "effectiveness" of those things. "Enable widespread illegal and DIFFICULT TO DETECT copying" makes it sound like ninty is helpless in combating it. Makes for a great advertisement for those "contraband".

Or it could be a ruse to lure existing users into a false sense of safety and nab many of them in another big ban wave.
 
Or it could be a ruse to lure existing users into a false sense of safety and nab many of them in another big ban wave.
Well, as we've seen a number of times, modern pirates aren't very smart. They're only pirates because it's "popular" now, and it's resulted in the scene as a whole becoming more open and careless with its actions. Especially those that pirate Nintendo's games. That group in particular is very brazen, doing everything possible to tell everyone - Nintendo included - who they are and that they're pirates (and even sharing links to their stash), short of posting their legal IDs for everyone and their mother to see. If what Nintendo is saying is, indeed, a ruse, I would not put it past these people to fall for it hook, line, and sinker.

As someone once said regarding modern pirates: "They all think they're Jack Sparrow, when in reality they're John Rackham."
 
Last edited by ChronosNotashi,
It’ll be interesting to see if stricter legal action actually reduces modding or just pushes it further underground. What do you think?
 

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