Nintendo Intensifies Efforts to Pursue Switch Pirates

Nintendo is stepping up its efforts in the legal arena to take action against piracy, continuing a pattern of rigorous enforcement. Most recently, the gaming giant has been pursuing new leads in its investigation, aiming to pinpoint and serve additional suspects involved in modding and pirating Nintendo’s Switch games. This comes on the heels of a lawsuit filed against a notorious modder accused of facilitating the piracy of Switch titles.

In its battle to safeguard intellectual property, Nintendo has built a track record of deploying the Digital Millennium Copyright Act (DMCA) to dismantle illegal content distribution, such as ROMs and emulators. Earlier this year, in 2024, Nintendo reached a $2.4 million settlement with Tropic Haze, who were behind the Yuzu Switch emulator project. Following the settlement, Yuzu has vanished from code repositories, though Tropic Haze maintains their stance against game piracy.

Despite a packed legal calendar, Nintendo is determined to keep serving more notices. A recent filing in a Washington state federal court, affirmed by Game File’s Stephen Totilo, reveals Nintendo’s intent to pursue additional lawsuits. Particularly, the company aims to expand its scope following an investigation into James “Archbox” Williams, a known figure in the Switch modding community. Williams, who once moderated the SwitchPirates subreddit with over 216,000 members, did not appear in court to contest Nintendo’s claims, resulting in a default judgment against him. Nintendo is now seeking approval to subpoena records from tech platforms like Reddit, Discord, and GitHub to identify Williams’ potential collaborators.

The filing underscores Nintendo’s relentless campaign against piracy, highlighting the company’s pursuit of figures linked to Williams. While Williams has faced legal setbacks, Nintendo is also planning to access business records from multiple online services to unearth more connections.

In June 2024, alongside the case against Williams, Nintendo launched a separate lawsuit against Modded Hardware. This company allegedly sold MIG Switch devices bundled with pirated Nintendo games, even after its leader, Ryan Daly, had been served a cease-and-desist order in March of the same year. Despite the warning, Daly persisted with these sales until legal action commenced.

With several legal victories already secured, Nintendo is unmistakably setting a stringent precedent against piracy ahead of its anticipated next console launch. As these cases unfold, it remains to be seen how Nintendo’s extensive efforts will impact its battle against illegal game distribution.