Switch Modder Denies Wrongdoing in Nintendo Lawsuit Case
The alleged Switch modder who refused to shut down their business after receiving a warning from Nintendo is now going up against the company in court. Ryan “Hombrew Homie” Daly, reportedly the head of Modded Hardware, is denying any wrongdoing and even claims he does not own and operate the business.
Nintendo’s Lawsuit Against Modded Hardware
Earlier this year, Nintendo requested Modded Hardware stop selling modded hardware. However, the group did not comply, despite initially suggesting it would. This led to Nintendo filing a lawsuit against Daly.
Daly has responded to the lawsuit by denying Nintendo’s claims. He listed 17 “affirmative defenses” that could excuse him from liability. These defenses include:
The lawsuit can now move on to the discovery process, where both Nintendo and Daly can gather evidence and conduct depositions, interrogatories, and document requests. It is unclear whether Daly will continue on without legal representation.
Nintendo’s History of Protecting its Brand
Nintendo is notoriously protective of its brand and has been involved in various legal dealings. Recently, the company has announced it is suing Palworld developer Pocketpair for patent infringement and has issued a copyright strike against a YouTube channel that reviews emulation handhelds. An AI-powered copyright tool has also been used to remove AI-generated images of Nintendo characters from the internet.