• voracitude@lemmy.world
    link
    fedilink
    English
    arrow-up
    110
    ·
    1 month ago

    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.

  • Krakaval@jlai.lu
    link
    fedilink
    English
    arrow-up
    62
    ·
    1 month ago

    That’s the kind of guy who rushes into the final boss unprepared, isn’t it ?

  • Chozo@fedia.io
    link
    fedilink
    arrow-up
    50
    ·
    1 month ago

    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.

  • mindbleach@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    49
    ·
    1 month ago

    Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo

    Yeah!

    Without a Lawyer

    … idiot.

  • narc0tic_bird@lemm.ee
    link
    fedilink
    English
    arrow-up
    34
    ·
    1 month ago

    The absolute scenes if this guy wins.

    Yuzu devs and others be like “we could’ve easily won?”.

    (I know, not happening)

  • fine_sandy_bottom@lemmy.federate.cc
    link
    fedilink
    English
    arrow-up
    32
    arrow-down
    1
    ·
    1 month ago

    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.

  • Atomic@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    13
    ·
    1 month ago

    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.

  • Flamekebab@piefed.social
    link
    fedilink
    English
    arrow-up
    8
    ·
    edit-2
    1 month ago

    -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

  • daniskarma@lemmy.dbzer0.com
    link
    fedilink
    English
    arrow-up
    10
    arrow-down
    2
    ·
    edit-2
    1 month ago

    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.

    • Hawk@lemmy.dbzer0.com
      link
      fedilink
      English
      arrow-up
      16
      ·
      1 month ago

      The guy even denies he owns his own business, I doubt he’ll do anything worthwhile in court.

      • Honzai@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        1
        ·
        1 month ago

        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.

    • AirBreather@lemmy.world
      link
      fedilink
      English
      arrow-up
      13
      ·
      1 month ago

      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.

      • Robust Mirror@aussie.zone
        link
        fedilink
        English
        arrow-up
        3
        ·
        edit-2
        1 month ago

        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.

    • funkless_eck@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      6
      ·
      1 month ago

      I wonder if there’s any side benefits that if Nintendo destroy a mentally ill man’s life, they experience a PR backlash.