In July of this year, Nintendo filed a lawsuit against a store called ModdedHardware in Michigan, USA, and its owner Ryan Daly, which has been operating a cracked Switch business for a long time. According to the lawsuit, Nintendo contacted Ryan Daly in March and threatened to sue him unless he stopped selling cracked Switches and MIGSwitches (flash cards that allow pirated Switch games to be played on unhacked hardware). Ryan Daly agreed to the request, but did not fulfill it and continued to sell it. He said he is looking for a new lawyer.
Therefore, Nintendo filed a lawsuit in the federal court in Seattle, accusing Ryan Daly of six counts of selling cracked devices and copyright infringement.
Now, Ryan Daly (who has yet to hire a lawyer) has responded to Nintendo's accusations by denying any wrongdoing. He has given short answers to each of Nintendo's accusations, either denying them outright or denying them by claiming he doesn't have enough information to admit or deny them.
Ryan Daly also listed 17 "affirmative defenses", that is, evidence presented by the defendant that can exempt him from liability, including fair use, invalid copyright, unjust enrichment and fraudulent inducement.
At present, the case is about to enter the investigation process, and both parties can start collecting evidence. But it seems that Ryan Daly plans to defend himself instead of hiring a lawyer.
In addition, Nintendo also claimed in the lawsuit that Ryan Daly not only sold cracked machines to customers, but also provided a mailing service, allowing players to send out their Switch and send it back after being cracked. The machines sent back were usually installed with pirated games.
Nintendo said: "Defendants not only provide hardware and firmware to make and play pirated games, but also provide copies of pirated Nintendo games to their customers. Typically, when customers purchase cracked machines or cracking services, Defendants will pre-install a series of playable pirated games on the machines, including some of Nintendo's most popular games, such as Super Mario, The Legend of Zelda, and Metroid."