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.
-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 COURTROOM
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.
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. There’s no scenario where it isn’t a bad idea to try to represent yourself.
IANAL, but I don’t think he’s claiming he doesn’t own the business, but that the “offers for sale a variety of products and services designed to circumvent and bypass Nintendo’s TPMs” is wrong. The only argument I can see at this point is “The TPM ceases to be Nintendo’s after the customer purchases it”. I have no idea if that’s his angle or if it’s a solid argument.
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.
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.
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
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.
You are not logged in. However you can subscribe from another Fediverse account, for example Lemmy or Mastodon. To do this, paste the following into the search field of your instance: [email protected]
Video game news oriented community. No NanoUFO is not a bot :)
Posts.
News oriented content (general reviews, previews or retrospectives allowed).
Broad discussion posts (preferably not only about a specific game).
No humor/memes etc…
No affiliate links
No advertising.
No clickbait, editorialized, sensational titles. State the game in question in the title. No all caps.
No self promotion.
No duplicate posts, newer post will be deleted unless there is more discussion in one of the posts.
No politics.
Comments.
No personal attacks.
Obey instance rules.
No low effort comments(one or two words, emoji etc…)
Please use spoiler tags for spoilers.
My goal is just to have a community where people can go and see what new game news is out for the day and comment on it.
Yeah!
… idiot.
“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.
deleted by creator
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
-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 COURTROOM
It’s super effective.
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.
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. There’s no scenario where it isn’t a bad idea to try to represent yourself.
I wonder if there’s any side benefits that if Nintendo destroy a mentally ill man’s life, they experience a PR backlash.
The guy even denies he owns his own business, I doubt he’ll do anything worthwhile in court.
IANAL, but I don’t think he’s claiming he doesn’t own the business, but that the “offers for sale a variety of products and services designed to circumvent and bypass Nintendo’s TPMs” is wrong. The only argument I can see at this point is “The TPM ceases to be Nintendo’s after the customer purchases it”. I have no idea if that’s his angle or if it’s a solid argument.
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
hey all y’all telling me that it’s a good idea to fight nintendo? watch this one.
F
“Mario maker Nintendo”
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
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
This guy sounds halfway to SovCit and entirely fucked.
Yeah, this has all the ear markings of a sovcit…
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.
deleted by creator
The only way he wins this is by Nintendos lawyers disappearing under mysterious circumstances.
You know what you gotta do
Someone get me a shimmering blanket, old wardrobe and a sexy assistant
Wizards vs ninjas