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.

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.

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.