This is going to end well… /s
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.
There is no justice for poor man in this world
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
F
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.
Yup, nail in the coffin if there is substantial evidence
-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“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
hey all y’all telling me that it’s a good idea to fight nintendo? watch this one.
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.
Yeah, this has all the ear markings of a sovcit…
whats sovcit
https://en.wikipedia.org/wiki/Sovereign_citizen_movement
Morons who think their country’s laws don’t apply to them.
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
My guess is “sovereign citizen”
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.
Pro se parties often get a more relaxed interpretation of their arguments because they can’t be expected to know everything about the law unlike an attorney. If there’s a chance that any of those arguments has merit then the judge will allow it.
To shreds you say?
And his lawyer?
To shreds you say?
I know he wont win but i hope he does anyway. Or at least does something outrageous for entertainment.
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.
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This doesn’t seem like a great idea
If this guy gets 20 years over some silly shit Nintendo is going to look worse.
Is this a criminal trial? Is Nintendo taking over for the DA now?
I didn’t know jail was a civil remedy but hey you seem to know law
“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?
