Nintendo’s Out To Get $4,500,000 In Damages From Ongoing Switch Piracy Case

Switch OLED
Image: Damien McFerran / Nintendo Life

Update []: If you cast your mind back to last November, you might recall Nintendo of America was on track to pick up another lawsuit win after accused Switch “pirate” James ‘Archbox’ Williams failed to plead or defend himself when called to do so in court. The case ‘entered default’, granting NOA the right to take the full requested amount in damages as a result, though we didn’t know what the final sum would be. Until now, that is (thanks for the heads up, @OatmealDome).

In an updated court document dated 24th October 2025, Nintendo concludes that it is seeking $4,500,000 (roughly £3,355,000) in damages from Williams and a permanent injunction to prevent the defendant from piracy again.

One section of the document reads as follows:

NOA has been, and continues to be, damaged as a direct and proximate result of Williams’ conduct. NOA has reason to believe that Williams has engaged in the infringing and unlawful reproduction and distribution of hundreds or thousands of copyrighted Nintendo Switch Games, and that through the various Pirate Shops, he has distributed or facilitated the distribution of thousands, if not hundreds of thousands, of unauthorized copies of such Nintendo Switch Games. NOA also has expended and continues to expend significant resources to halt or stem video game piracy, including through developing, implementing, and updating its TPMs and policing and investigating reports of piracy such as Williams’.

According to the document, Williams has remained silent on the matter. NOA states that it was contacted by a lawyer claiming to represent the defendant back in January 2025 with a message that read “Mr. Williams understands that Nintendo may have a right to obtain documents in support of its motion for default judgment”, though there has been no further communication in the months since.

It remains to be seen whether Williams will pay up to Nintendo’s demands, but the Big N is showing no signs of backing down any time soon.


Original Story: Back in July, Nintendo dished out a handful of lawsuits in its continued clampdown on Switch piracy. Four months on, one of these legal claims has come back as another win for Nintendo after the defendant failed to plead or otherwise respond within the court’s given time.

The case in question was against James ‘Archbox’ Williams, the lead moderator of the r/SwitchPirates subreddit, who Nintendo accused of offering “massive libraries of pirated Nintendo Switch games” via several “pirate shops”.

According to the initial case, Williams was a self-confessed “pirate” who had previously publicly stated that he “[isn’t] going to give Nintendo $50 for a game”. The lawsuit (as shared by TorrentFreak) saw Nintendo request “actual or maximum statutory damages” for several violations should he be found guilty.

However, no such ruling has had to take place. In a new court document filed by the Superior Court of the state of Washington on 8th November, it was revealed that the case has now ‘entered default’ after Williams “failed to plead or otherwise defend within the time prescribed by the Federal Rules of Civil
Procedure”.

A default judgment can be reached early on in legal proceedings if the defendant fails to take the required actions. In this instance, the claim can be passed without a court hearing, usually granting the claimant the full requested amount plus interest and costs.

An accompanying more detailed document from Washington’s District Court explains that Williams responded to a Nintendo cease and desist letter in March 2024 stating that he would “‘comply and cooperate with any demands or requests . . . within [his] control’ but denying any infringement of Nintendo’s intellectual property”.

Nintendo then sent a court order to the same address (and another possible abode that the document describes as the “Surprise Address”), to which Williams did not reply within the prescribed time. And so we arrive at the default judgement.

The court can set aside this decision if it transpires that Williams did reply to the proceedings or if it rules that Williams has a strong enough defence. But, for the time being, at least, this looks like another line in the ‘win’ column for Nintendo.

A Nintendo lawsuit submitted around the same time as the Williams case was against modchip seller Modded Hardware. This claim is now progressing to the next stage, with the alleged owner of the store, Ryan Daly, standing self-represented in court.


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