The alleged Nintendo Switch modder who refused to shut down their business despite a warning from Mario maker Nintendo now appears to be taking the titan on in court without a lawyer.
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.
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.
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This guy sounds halfway to SovCit and entirely fucked.
Based on what?
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.
Yeah, this has all the ear markings of a sovcit…