# Modding and Legal Disputes: The Instance of Ryan Daly vs. Nintendo
Within the realm of video gaming, few entities are as diligent in safeguarding their intellectual property (IP) as Nintendo. Throughout the years, this gaming powerhouse has cultivated a reputation for vigorously pursuing legal measures against anyone it suspects of violating its copyrights, trademarks, or other proprietary technologies. Be it **modders**, **ROM thieves**, or **emulator creators**, Nintendo has consistently adopted a stringent approach, frequently sending cease-and-desist notices, initiating lawsuits, or pursuing substantial financial settlements.
More often than not, those targeted by Nintendo’s legal threats choose to seek a swift resolution—either by conforming to cease-and-desist requests, settling outside of court, or admitting guilt in order to sidestep the expenses and uncertainties of a drawn-out legal confrontation. Nonetheless, the case of **Ryan Daly**, purported owner of **ModdedHardware.com**, stands out as an anomaly. Daly has opted to represent himself in a lawsuit filed against him by Nintendo, a choice that could lead to significant legal and monetary implications.
## Nintendo’s Legacy of Legal Action
Nintendo’s legal confrontations with modders, ROM thieves, and emulator developers are well-established. The company has a lengthy record of targeting individuals and companies that it believes are infringing on its IP. Some notable examples include:
– **Modders**: In 2020, Nintendo delivered a cease-and-desist directive to a business providing **Switch modchip installation services**, enabling users to run unapproved software on their consoles. The enterprise promptly complied with Nintendo’s requests.
– **ROM Thieves**: In 2021, the proprietor of a well-known ROM website was ordered to pay **$2.1 million** to Nintendo following litigation. The site had been sharing unauthorized versions of Nintendo games, which the company contended was a blatant breach of its copyrights.
– **Emulator Developers**: In 2024, the creators of the popular **Ryujinx Switch emulator** ceased development after receiving legal communication from Nintendo. Emulators, allowing users to experience console games on non-console devices, have long posed issues for Nintendo, as they can facilitate piracy of its titles.
In most instances, individuals or entities confronting legal action from Nintendo tend to settle or adhere to the company’s mandates rather than endure an expensive and prolonged trial. However, Ryan Daly’s situation appears to be distinct.
## The Situation of Ryan Daly and ModdedHardware.com
Ryan Daly, the purported owner of **ModdedHardware.com**, has found himself under scrutiny from Nintendo’s legal team. According to Nintendo, Daly’s website was engaged in selling **modded Nintendo Switch consoles**, providing **console modding services**, and distributing **piracy-enabling devices** such as the **MIG Switch card**, pre-loaded with sought-after Nintendo games.
Nintendo first contacted Daly in **March 2024**, notifying him that his operations were infringing upon the company’s IP. At that point, Daly allegedly consented, both verbally and in writing, to halt these activities. However, according to Nintendo, Daly persisted in selling modded consoles and piracy-enabling devices, largely disregarding further attempts by the company to reach out to him.
After several months of what Nintendo describes as non-compliance, the company initiated a lawsuit against Daly in **June 2024** in a federal court located in Seattle. The lawsuit claims that Daly violated Nintendo’s copyrights and trademarks by distributing unauthorized game copies and facilitating piracy through modded hardware.
## Daly’s Choice to Self-Represent
Typically, individuals facing lawsuits from large corporations like Nintendo seek legal counsel to navigate the intricacies of the legal landscape. Initially, Daly seemed to be adhering to this approach. In June, Nintendo indicated that it had received correspondence from a lawyer claiming to represent Daly. However, shortly thereafter, Daly notified Nintendo that he was in the process of securing new representation.
As it turns out, Daly’s quest for new legal assistance appears to have stagnated. Last week, Daly submitted a **pro se response** to Nintendo’s lawsuit, indicating he is now self-representing without a lawyer’s aid. This decision is noteworthy, as legal experts typically advise against self-representation in complicated cases, especially when facing a well-resourced adversary like Nintendo.
In his pro se response, Daly refuted many of Nintendo’s accusations, though the particulars of his defense remain ambiguous. Representing oneself in court is a precarious undertaking, especially in a case involving complex copyright and trademark legislation. Lacking legal knowledge, Daly might find it challenging to establish a solid defense against Nintendo’s assertions.
## The Perils of Self-Representation
Self-representation in court, particularly in a case involving a significant corporation like Nintendo, carries noteworthy risks. **Copyright law**, in particular, is a field with considerable specialization, and comprehending the subtleties of the law is crucial for formulating a viable defense.
Here are some critical risks Daly faces by
