A modchip seller for the Nintendo Switch, Ryan Daly, is gearing up to fight Nintendo’s lawsuit without legal representation. Daly, who operates a store called Modded Hardware, was sued by Nintendo in July after the company accused him of selling modified Switch consoles and devices that enable pirated games to be played on unmodded hardware.
According to Nintendo, Daly had agreed in March to stop selling the unauthorized devices but continued doing so, claiming he was still seeking a lawyer. In response, Nintendo filed a lawsuit in a Seattle federal court, accusing Daly of six charges, including trafficking in circumvention devices and copyright infringement.
Despite the serious nature of the lawsuit, Daly has denied all wrongdoing in a brief response. Without hiring a lawyer, he is now representing himself in the legal battle. He has also outlined 17 affirmative defenses, such as fair use, invalid copyrights, and fraudulent inducement, in an attempt to excuse his actions.
The case is moving to the discovery phase, where both parties will gather evidence. Nintendo’s lawsuit alleges that Daly not only sold modded consoles but also ran a mail-in service for customers who wanted their Switch consoles returned with pirated games pre-installed. According to Nintendo, the pirated content included some of its most popular games, like Super Mario, The Legend of Zelda, and Metroid.
The lawsuit marks another chapter in Nintendo’s ongoing battle against Switch piracy and unauthorized modifications.
