Daly’s pro se legal representation in the case was notable for its use of several novel affirmative defenses, including arguments that Nintendo’s “alleged copyrights are invalid,” that Nintendo “does not have standing to bring suit,” and that Nintendo “procured a contract [with Daly] through fraudulent means.” For the record, the judgment in this case reasserts that Nintendo “owns valid copyrights in works protected by the TPMs, including Nintendo games and the Nintendo Switch operating system.”
In addition to $2 million in damages, Daly is specifically barred from “obtaining, possessing, accessing, or using” any DRM circumvention device or hacked console, with or without the intent to sell it. The judgment also bars Daly from publishing or “linking to” any website with instructions for hacking consoles and from “reverse engineering” any Nintendo consoles or games. Control of Daly’s ModdedHardware.com domain name will also be transferred to Nintendo.
Nintendo’s latest legal victory comes years after a $4.5 million plea deal with Gary “GaryOPA” Bowser, one of the leaders behind Team Xecuter and its SX line of Switch hacking devices. Bowser also served 14 months of a 40-month prison sentence in that case and said last year that he will likely be paying Nintendo back for the rest of his life.
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