• SplashJackson@lemmy.ca
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    8 hours ago

    Pretty sure he got paid by Nintendo to sue them stupidly so they could slam dunk the case and get a precedent that makes it easier for them to oppress developers

  • mindbleach@sh.itjust.works
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    9 hours ago

    Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo

    Yeah!

    Without a Lawyer

    … idiot.

  • Atomic@sh.itjust.works
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    9 hours ago

    alleging it “not only offers the hardware and firmware to create and play pirated games” but also provides “customers with copies of pirated Nintendo games.”

    I can see a world where he can offer hardware and firmware, with claims of other intended purposes.

    But the second part wherehe provides customers with pirated software is a slam dunk for nintendo.

  • Flamekebab@piefed.social
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    5 hours ago

    -There’s a good chance you can beat Nintendo, but you’ve got to visualize how you’re going to win, okay?
    -Gotcha…
    A CONGENITAL HEART DEFECT HAS APPARENTLY FELLED NINTENDO’S LAWYER MOMENTS BEFORE THEY COULD STEP INTO THE COURTROOM

  • fine_sandy_bottom@lemmy.federate.cc
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    14 hours ago

    Sorry, my guy seems like a nit wit all the way up and down.

    If you want to sell mods as a side hustle that’s great, but don’t form a company with the explicit enterprise of infringing the rights of one of the largest and most litigious rights holders in the world.

    • fern
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      10 hours ago

      infringing their claimed rights

  • voracitude@lemmy.world
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    18 hours ago

    As reported by Torrent Freak, Ryan Daly, the alleged owner of modding company Modded Hardware, has denied any wrongdoing in court — even that he owns and operates the business at all.

    Daly mostly responded to the lawsuit’s claims by saying “denied” and otherwise claimed he lacked “sufficient information to either admit or deny the allegations.” His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.

    This guy sounds halfway to SovCit and entirely fucked.

      • voracitude@lemmy.world
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        9 hours ago
        1. He’s going to court without a lawyer, which is always always always a bad idea (I wish that weren’t the case but it is a fact);
        2. He’s tried to claim he doesn’t own or operate the business in question;
        3. His defenses are spaghetti thrown at the wall:

        His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.

        Many of these (in fact, all but the arbitration clause; that’s probably from their TOS but won’t save him) are SovCit arguments and simply do not apply. They’re going to be dismantled in seconds in court, and I know that with at best a slightly-better-than-layperson understanding of the law. This guy is going to get thoroughly Bowser’d.

        • PriorityMotif@lemmy.world
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          25 minutes ago

          Pro se parties often get a more relaxed interpretation of their arguments because they can’t be expected to know everything about the law unlike an attorney. If there’s a chance that any of those arguments has merit then the judge will allow it.