Highlights
- Nintendo sues Modded Hardware and “Archbox” from r/SwitchPirates for piracy in federal court.
- Lawsuits focus on DMCA violations, including the sale of piracy devices and the distribution of unauthorized games.
- Actions demonstrate Nintendo’s commitment to protecting intellectual property and curbing piracy’s financial incentives.
Last month in a bid to deal with Switch piracy, Nintendo keyed two major litigation in a Washington federal court.
Such legal actions are aimed at those who in one way or another contribute to the illegal downloading and distribution of the copyrighted games, thus combining the supply-side and demand drivers of piracy.
Nintendo Cracks Down on Switch Piracy with Lawsuits Against Modded Hardware and Reddit Moderator
Targeting Modded Hardware
The first lawsuit targets a mod seller, Modded Hardware, which the company claimed violated the Digital Millennium Copyright Act (DMCA) by selling gadgets aimed at removing console security by Nintendo.
These items are mod chips and MIG Switches that allow users to play games that have been copied on consoles.
Moreover, Modded Hardware is accused of offering consoles that have been pre-modded with pirated games to make the act of piracy even easier for the users.
Pursuing “Archbox” from r/SwitchPirates
Nintendo’s second lawsuit is aimed at James Williams, who goes by “Archbox” online and is a moderator of r/SwitchPirates. This subreddit currently has approximately 190K members.
In this regard, the lawsuit claims that Archbox was operating multiple ‘pirate shops’ that offered enormous libraries of pirated Switch games.
Further, it claims that Archbox leveraged the r/SwitchPirates sub to recommend these shops and helped explain to their users how to utilize them.
This guidance also covered matters such as how to get software to market Nintendo security and how to play pirated games on the consoles.
Background of Nintendo’s Anti-Piracy Efforts
These lawsuits are the continuation of the confrontation of Nintendo with piracy. The company has accomplished some precedent operations, for example, the arrest of a world-famous hacking group, Team-Xecuter, known for creating console hacks.
However, the appearance of the new tools and Websites giving information on how one can go about piracy makes it mandatory for Nintendo to carry on the fight.
Financial Incentives Behind Piracy
The lawsuits showcase for selling and use of pirated content where both the sellers and users are motivated by monetary returns.
In the complaint against Modded Hardware, Nintendo makes a mention of modded consoles with games such as Super Mario, Legend of Zelda, and Metroid especially pre-loaded.
These modded consoles were probably marketed to consumers who would not pay for original games at the full price.
The lawsuit against Archbox also supports this statement by including comments supposedly made by him that he does not want to pay for games.
Seeking Damages and Deterrence
Nintendo has stated its objectives with the two structures as being their shutdown as well as seeking compensation.
They have been filed on the grounds of copyright violation, infringement of the Digital Millennium Copyright Act, and breach of contract in the Archbox case.
Specific details of the actual damages are not commented on, although they could be in the range of millions of dollars.
Furthermore, Nintendo aims at eradicating the products that were altered since they violated the company’s copyright, this may also entail eradicating the consoles that were returned to the company for modification services by their users.
Implications for the Future
All these lawsuits show that Nintendo has been keen on defending its rights and ensuring that piracy is curbed on Switch.
They also have implications for the future of console modding and emulation-related communities especially those, in which activities are hazy between the legal and the legal but considered immoral.
Through these legal interventions, Nintendo wants to convey a particular message about the severity of the outcome when people indulge in piracy and the sharing of copies of games or any other material.
As the company is still persistently combating piracy it is yet to be seen how these lawsuits may affect other areas of console modding and online piracy in general.
