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It’s legal season once again at Nintendo, the likes of which we last saw at the first Switch’s release. The gaming titan is continuing its relentless crackdown on just about anything that has “emulation,” “patent,” and “modding” in its name.
Now, though, in what can only be described as an unbelievable mix of bravery and sheer foolishness, Ryan Daly—the man behind the modding company Modded Hardware and one of the Switch creator’s earlier targets—has decided to face the company in court without a lawyer.
Modded Hardware vs. Nintendo Is a Battle Ryan Daly Has Lost All Hopes of Winning
Amidst all the company’s current legal shenanigans, some may recall how, back in July of this year, Daly, the owner of Modded Hardware, found himself in the company’s crosshairs for his modding gig. Team Red essentially sued the fella on the grounds that he offered the hardware and firmware for creating and playing pirated copies of Switch games.
What got Nintendo’s knickers in a twist, particularly, was howDalywas supplying customers with pirated copies of its biggest IPs likeThe Legend of ZeldaandSuper Mario, all while selling the now-infamousMig Switchflash cart.
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Fast forward to today, however, and the guy has decided to play the legal game on the hardest possible difficulty – going “pro se” and defending himself against Nintendo without a lawyer.
Now, while a few uninformed folks may romanticize this as an act of defiance against absolute tyranny, especially with how Daly also listed 17 defenses in which the defendant introduces evidence that could excuse them from liability, the reality is that going solo as a defendant is a total recipe for disaster.
After all, facing off against one of the industry’s most well-resourced and cruel legal teams with no professional experience or representation in legal matters is akin to taking on Calamity Ganon after completing The Great Plateau inBreath of the Wild—and even that is less insane if we’re being honest.
It also doesn’t help that Daly’s operation, after all, wasn’t just modding consoles but actively promoting piracy by selling “pre-loaded systems” with modchips, making his chances of a legal victory slim.
Even with all the ongoing debate over the legality and fair use of modding and emulation, with Daly’s lack of legal representation, he has basically positioned himself for what seems like an inevitable loss, leaving only the uninformed to view his decision as brave rather than reckless.
At the Moment, Everyone in the Industry Is Afraid to Speak Against Nintendo
The problem with Daly’s decision is that Team Red is now most certainly going to make an example of him and really stretch its legal arms, and that doesn’t bode well for the company’s other targets.
In the past few months alone, it has expanded its legal scope,first going after Palworld developer Pocketpairin late September for patent infringement. Then, Russ from the YouTube Channel, Retro Game Corps also got 2 strikes on his channel for showcasing the company’s games on Linux and Android-based handhelds.
The most significant loss so far is Ryujinx, the in-development and popular Switch emulator, which also received a major bonk on the head. The team followed Yuzu’s path after Nintendo pressured them to close the shop.
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With all this happening, everyone, from content creators to developers, is now treading through the ice sheet of copyright very carefully. It’s a shame, too, as the legal storm arrived at the exact moment when all the rumors surrounding the Nintendo Switch 2 were reaching an all-time high.
So, at the end of the day, while Nintendo is well-known for producing beloved games and hardware, no one can deny that its legal team’s aggressive actions often cast a shadow over the company’s reputation and sour things right when things are looking up.
But, with all that said, what are your thoughts on Ryan Daly’s move? Do you also agree that going up against Nintendo without a lawyer is a plain wrong move? Let us know in the comments below.
Akshit Dangi
Writer - Gaming
Articles Published :266
Akshit is a supposed human being and gaming writer who lurks in different corners of the internet in search of fascinating rabbit holes. Outside of that, though, you’ll most likely find him staring at a piece of art for days or completing another playthrough of Silent Hill.
