Nintendo Files Lawsuit Against Prominent Subreddit Moderator for Selling Pirated Software

Nintendo’s war against software pirates continues, as the gaming giant has filed two new lawsuits in federal court in Seattle, Washington against members of the Switch modding and piracy communities.

The most noteworthy case brought forth recently is against Arizona resident James Williams, better known by his online handle “Archbox.” Nintendo alleges that Williams, a known moderator of the r/SwitchPirates Subreddit, is “the operator, overseer, and driving force behind several Pirate Shops, through which Defendant has offered massive libraries of pirated Nintendo Switch games.” The complaint also alleges that Williams, through their “leading” role in the Reddit community, facilitated piracy by “offering technical advice and encouragement to other users about how to use the Pirate Shops, how to download and install Circumvention Software, and how to play pirated copies of Nintendo Switch games.”

As reported by TorrentFreak, Williams is believed to be involved with multiple online pirate shops, including three that were shut down in March following cease and desist letters issued by Nintendo. At least one piracy shop tied to Williams is reportedly still active.

Nintendo’s complaint against Williams is particularly noteworthy because it frequently cites online posts made by the defendant, who Nintendo describes as a “self-proclaimed Nintendo ‘pirate.'” The company writes, “Defendant is well aware that his conduct is unlawful and infringes Nintendo’s intellectual property rights. Indeed, Defendant has bragged publicly that he is a ‘pirate’ who ‘[isn’t] going to give Nintendo $50 for a game.'” While Williams’ alleged connection to so-called “Pirate Shops” is more likely than anything else to have provoked Nintendo, it is interesting that his active participation in a Subreddit, including “thousands of comments and messages,” is cited in the complaint.

Ultimately, Nintendo accuses Williams of direct and contributory copyright infringement, various DMCA violations including trafficking in circumvention devices, as well as breach of contract. You can read Nintendo’s complaint against Williams in full right here.

A second complaint filed by Nintendo last month targets homebrew website Modded Hardware and its owner/operator Ryan Daly, better known by the handle “Homebrew Homie.” As reported by TorrentFreak, Nintendo threatened legal action against Daly back in March, after which both parties agreed that all alleged unlawful activity, including the sale of MIG (flashcart) devices and modded consoles, would cease. Modded Hardware remained online however, despite further outreach by Nintendo, prompting the lawsuit. Daly is reportedly looking for new legal representation, which he credits for the lack of action following his initial agreement with Nintendo.

Ultimately, Nintendo accuses Daly of copyright infringement and violating the DMCA by trafficking in circumvention devices, among other alleged actions. The company is seeking to recoup damages, citing substantial and irreparable harm, and to put a stop to Modded Hardware’s unauthorized activities. You can Nintendo’s complaint against Daly in full right here.

These lawsuits are just the latest in a long line of actions Nintendo has taken against software pirates, ROM sites, and members of the modding community, big and small. Just this year, the company settled a $2.4 million USD lawsuit with Tropic Haze, developer of the Nintendo Switch emulator yuzu.

What do you make of these new lawsuits? Let us know in the comments below.

Source: Nintendo of America (1, 2) (via TorrentFreak, Kotaku, The Gamer)

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