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smt88 a day ago

Eh not quite the same. This guy was getting paid to specifically make it possible to play pirated media, and he ignored a cease and desist.

If you scaled this up to a large percentage of Switch consoles, no one would want to make Switch games anymore.

Nintendo is an evil, shitty company that weaponizes the courts, but I love good games/movies/etc. and want creators to be able to profit from them.

mbirth a day ago | parent | next [-]

From the article:

> Daly, who sold devices like the MIG Switch and MIG Dumper

So, he just sold the devices that allowed you to make copies of Switch cartridges. Similar to someone selling cassette tapes or CD-/DVD-Rs and CD/DVD burners. He didn't sell illegally copied games or anything that tampers with Nintendo's IP. But as we all know, in front of US courts it's not about who's right but who has more money. And Nintendo has plenty of that.

commandersaki a day ago | parent | next [-]

What he sold circumvented the technology protection measures which is covered under the DMCA. This is substantially different to reading and writing generic media.

See 28 in the original complaint: https://regmedia.co.uk/2024/07/02/modded_hardware_complaint....

Also 29c:

In order to achieve this, a MIG Switch circumvents Nintendo’s TPMs by tricking the Nintendo Switch console into treating unauthorized, pirated copies of Nintendo Switch games as authorized, official Nintendo Switch game cartridges.

The idiotic thing is he kept doing this even after a cease and desist.

cazum a day ago | parent | prev [-]

It's not even just the US, that just happens to be where most of these companies register their copyrights, and therefore, where the "infringement" occurs.

Many Western countries subscribe to some form of "contributory infringement" law, where someone can be fined tens of thousands per-work-infringed for simply developing or distributing a tool that can be used by someone else to infringe copyright. It's absurd.

AuthAuth a day ago | parent | prev | next [-]

Nothing wrong with that. The problem is with people playing pirated media but its not feasible to go after everysingle person for the cost of a game so they had to trample over consumer rights. This is another case of rights being trampled to protect businesses where they dont need protection.

lp0_on_fire a day ago | parent | prev [-]

Ok. He was getting paid to modify the device owned by someone else. A device NOT OWNED by Nintendo.