To shreds you say?
And his lawyer?
To shreds you say?
The absolute scenes if this guy wins.
Yuzu devs and others be like “we could’ve easily won?”.
(I know, not happening)
This isn’t Hitchhikers Guide, we don’t have an improbability drive.
Ah yes, face up against one of the most litigious companies on the planet without a lawyer or any discernible legal experience of your own to speak of. I’m sure that’ll work real well.
The dude’s arguments sound like the kind of stuff that is frequently parroted by SovCits. My bet is that this dude is so nutty that no lawyers were willing to take him on as a client even if he asked. But I doubt he asked, because SovCits often believe they know more than the lawyers do.
The stuff about not owning the company reeks of SovCit “I’m a man acting as an agent on behalf of my name” bullshit. The rest of his arguments also sound like common SovCit “throw legalese at the wall like it’s some sort of cheat code” stuff.
I hope he wins but it isn’t looking good.
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.
Based on what?
- 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.
Yeah, this has all the ear markings of a sovcit…
whats sovcit
basically people who think the legal system has hidden cheat codes, and if you can say the magic words then all of a sudden certain laws no longer apply to you
https://en.wikipedia.org/wiki/Sovereign_citizen_movement
Morons who think their country’s laws don’t apply to them.
oooh that’s interesting there is something similar in germany too
My guess is “sovereign citizen”
This doesn’t seem like a great idea
If this guy gets 20 years over some silly shit Nintendo is going to look worse.
“Wow, Nintendo, way to go, sentencing someone to hard time in prison for trying to enjoy your games in new and unique ways. Is this what you stand for?”
What are you guys even talking about? He’s going in with out his own lawyers. Not a great idea. No where did I say I want Nintendo to win
We don’t want them to win either. The comment was a glib remark that usually people who go in without a lawyer get the book thrown at them. If so, a perfectly plausible outcome is actually being sentenced to jail. If so, that could look very bad for Nintendo. It’s all just hypothetical extrapolation.
If so, a perfectly plausible outcome is actually being sentenced to jail
Not in a civil case, as other commenters pointed out. The plausible outcome will be this guy ceasing his business operations and paying Nintendo.
Would the hardcore gaming community be mad if he went to jail? Yes. Are they already mad Nintendo is taking him to court? Yes. Will the general public care at all? No. Will the investors think Nintendo looks bad? No
Edit: also, is everyone ignoring the fact that he distributed pirated software on the consoles?
Is this a criminal trial? Is Nintendo taking over for the DA now?
I mean, they landed Gary Bowser in prison for 10 years for something very similar. Dude was just installing mod chips in Switches. He got out after only a few years due to a degenerative disease, (I think he has ALS, but that’s just off the top of my head,) but he still owes Nintendo $10M and they’re basically garnishing 30% of all of his pay for the rest of his life.
I didn’t know jail was a civil remedy but hey you seem to know law
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
God bless you, you crazy bastard you.
That’s the kind of guy who rushes into the final boss unprepared, isn’t it ?
“LEEROOOOY JENKINSSS!!!”
“It’s a Zelda game. I bet I could beat Ganon with a stick. I mean, I just have to hit him 3 times, right?” - First experience with BOTW
Someone did just that. They somehow got to bowser with only the parachute and killed him with only 3 stars. It was wild
Someone did a dark souls no hit run, level 0, weapon level 0, any%. Anything is possible.
“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.
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
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. That’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.
F
Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo
Yeah!
Without a Lawyer
… idiot.
“Mario maker Nintendo”
