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[-] voracitude@lemmy.world 181 points 9 months 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.

[-] Crashumbc@lemmy.world 40 points 9 months ago

Yeah, this has all the ear markings of a sovcit....

[-] blibla@slrpnk.net 4 points 9 months ago
[-] sevan@lemmy.ca 10 points 9 months ago
[-] blibla@slrpnk.net 2 points 9 months ago

oooh that's interesting there is something similar in germany too

[-] affiliate@lemmy.world 6 points 9 months ago

sovereign citizen

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

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[-] NaibofTabr@infosec.pub 108 points 9 months ago

"A man who is his own lawyer has a fool for a client"

[-] tabris@lemmy.world 33 points 9 months ago

"And with God as my witness, I am that fool!"

[-] FuryMaker@lemmy.world 13 points 9 months ago

Now I need to watch the two Addams Family films again.

[-] Cadeillac@lemmy.world 104 points 9 months ago

This doesn't seem like a great idea

[-] demizerone@lemmy.world 27 points 9 months ago

If this guy gets 20 years over some silly shit Nintendo is going to look worse.

[-] ramble81@lemm.ee 12 points 9 months ago

“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?”

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[-] HeyThisIsntTheYMCA@lemmy.world 4 points 9 months ago

I didn't know jail was a civil remedy but hey you seem to know law

[-] jaybone@lemmy.world 3 points 9 months ago

Is this a criminal trial? Is Nintendo taking over for the DA now?

[-] PM_Your_Nudes_Please@lemmy.world 2 points 9 months ago* (last edited 9 months ago)

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.

[-] Krakaval@jlai.lu 90 points 9 months ago

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

[-] aeronmelon@lemmy.world 49 points 9 months ago

“LEEROOOOY JENKINSSS!!!”

[-] Kolanaki@yiffit.net 29 points 9 months ago

"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

[-] pearsaltchocolatebar@discuss.online 21 points 9 months ago

Someone did just that. They somehow got to bowser with only the parachute and killed him with only 3 stars. It was wild

[-] interurbain1er@sh.itjust.works 8 points 9 months ago

Someone did a dark souls no hit run, level 0, weapon level 0, any%. Anything is possible.

[-] Chozo@fedia.io 67 points 9 months 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.

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[-] Iheartcheese@lemmy.world 67 points 9 months ago
[-] Chadus_Maximus@lemm.ee 21 points 9 months ago
[-] HowManyNimons@lemmy.world 15 points 9 months ago

To shreds you say?

[-] mindbleach@sh.itjust.works 55 points 9 months ago

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

Yeah!

Without a Lawyer

... idiot.

[-] fine_sandy_bottom@lemmy.federate.cc 54 points 9 months 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.

[-] fern@lemmy.autism.place 14 points 9 months ago* (last edited 9 months ago)

infringing their claimed rights

[-] SplashJackson@lemmy.ca 53 points 9 months ago

Pretty sure he got paid by Nintendo to sue them stupidly so they could slam dunk the case and get a precedent that makes it easier for them to oppress developers

[-] narc0tic_bird@lemm.ee 48 points 9 months ago

The absolute scenes if this guy wins.

Yuzu devs and others be like "we could've easily won?".

(I know, not happening)

[-] Gradually_Adjusting@lemmy.world 15 points 9 months ago

This isn't Hitchhikers Guide, we don't have an improbability drive.

[-] njm1314@lemmy.world 33 points 9 months ago

God bless you, you crazy bastard you.

[-] Grumpy@sh.itjust.works 33 points 9 months ago

Here's the origin article from torrentfreak. https://torrentfreak.com/modded-hardware-defendant-denies-nintendos-copyright-claims-in-court-241006/

Shitty IGN is just re-reporting based on torrent freak with less info.

[-] iAmTheTot@sh.itjust.works 32 points 9 months ago
[-] Atomic@sh.itjust.works 30 points 9 months 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.

[-] Cadeillac@lemmy.world 4 points 9 months ago

Yup, nail in the coffin if there is substantial evidence

[-] reksas@sopuli.xyz 28 points 9 months ago

There is no justice for poor man in this world

[-] RightHandOfIkaros@lemmy.world 25 points 9 months ago* (last edited 9 months ago)

I hope he wins but it isn't looking good.

[-] daniskarma@lemmy.dbzer0.com 16 points 9 months ago* (last edited 9 months 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 22 points 9 months ago

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

[-] Honzai@sh.itjust.works 2 points 9 months 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 21 points 9 months 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 5 points 9 months ago* (last edited 9 months 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 9 points 9 months ago

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

[-] Flamekebab@piefed.social 15 points 9 months ago* (last edited 9 months 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

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[-] CCF_100@sh.itjust.works 8 points 9 months ago

This is going to end well... /s

[-] HeyThisIsntTheYMCA@lemmy.world 3 points 9 months ago

hey all y'all telling me that it's a good idea to fight nintendo? watch this one.

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this post was submitted on 08 Oct 2024
359 points (100.0% liked)

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