A lengthy legal battle between Nintendo and Modded Hardware creators has come to an end. The inventor of the MiG Switch and related hacking devices is now required to compensate Nintendo with $2 million in a settlement agreement. Furthermore, the individual involved in creating Nintendo mods is prohibited from owning or selling any flash cartridges, chip modifiers, or similar items, as part of an ongoing ban enforced by a court order.
The ongoing fight against piracy by Nintendo continues, with a new lawsuit filed against Modded Hardware and its owner. This lawsuit follows a previous one settled in March 2024, where Nintendo sued Tropic Haze, creators of the Switch console emulator called Yuzu. As part of the settlement, Yuzu’s makers agreed to pay Nintendo $2.4 million and shut down operations permanently, as per an injunction.
Nintendo argued that because Yuzu used specific tools to run Switch games like “The Legend of Zelda: Tears of the Kingdom” before its official May 2023 release, it infringed upon the Digital Millennium Copyright Act (DMCA).
Nintendo and MiG Switch Creator Reach Settlement
Approximately a year following Nintendo’s lawsuit against Modded Hardware, the two parties came to an agreement. According to court documents from the U.S. District Court in Seattle, Ryan Daly, founder of Modded Hardware, has agreed to pay Nintendo $2 million as part of a mutual agreement and final judgment in this case. Initially, Daly denied any wrongdoing or connection to Modded Hardware. However, he did not have legal representation during the Nintendo proceedings. As part of this settlement, Daly is also subject to a permanent injunction that prohibits him from selling MiG Switches, mod chips, and other devices that bypass Nintendo’s anti-piracy measures. Furthermore, Nintendo will seize any items related to Modded Hardware’s business model and any associated websites.

The agreement indicated that the MiG Switch and related items infringed upon Nintendo’s copyright protection under the Digital Millennium Copyright Act (DMCA), mirroring judgments Nintendo has prevailed in during their ongoing battle against unauthorized distribution. This settlement marks Nintendo’s second legal success of the summer, succeeding the joint operation between the FBI and Dutch authorities to dismantle NSw2u, a notorious platform for sharing pirated Switch ROMs.

Prior to the release of Switch 2, Nintendo updated their user agreement for console owners, asserting they can render modded consoles inoperable if not approved by the company. Given Nintendo’s known diligence in safeguarding its intellectual property, it’ll be interesting to observe how they tackle piracy in the future.
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2025-09-06 02:56