Many such lawsuits have ended in settlements outside of courts, so I’m guessing many legal claims have not been validated or invalidated in court yet. This can be good or bad of course. But now, if this guy goes to court, I’m actually concerned because it may give an unchallenged path to Nintendo’s legal arguments and assuming the court decides he’s guilty, there will be precedent of these legal claims having been vetted in court. Would that not be worse for anyone in the future who would want to challenge Nintendo’s legal claims?
That would be a nice legal loophole for a corporation. Bribe someone to lose a court case without council, and then use that case as legal precedent for future cases.
indeed! so there must be more to this. So how does it actually work?
A judge can choose to ignore precedent.
Not arbitrarily though. If they are going to choose to ignore precedent then they have to provide a reasonable justification. E.g. the legal precedent is very old and is not fit for purpose in the modern era, or, the specifics of the case are different enough from the specifics of the precedent that It is possible to argue that it does not apply.
Yeah, is that how they overturned roe v wade?
Hope he has a spot in the wilderness to hide out.
Brave, but foolhardy.
good luck to him even though it seems futile. nintendo really needs to get fucked then pound sand after, but this doesn’t seem like the one. Hopefully it doesn’t just end up benefitting Nintendo more.
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It is likely that he is going to get shit canned, but, I hope he purchases a bulldozer and modifies it during all legal proceedings.
Er, wait is that a killdozer reference?
I like to think of it as a modification of a killdozer reference.
the reference is definitely crushing it
controlled by a modded switch
At that time, Daly agreed “both verbally and in signed writing” to refrain from these infringing sales, according to Nintendo. It was only after months of Daly continuing those sales and largely ignoring further contact from Nintendo that the company says it was forced to file its June lawsuit in a Seattle federal court.
if that’s the case, I can’t see it going well for him…
Heck, he’d probably have been fine if he just stopped selling cards with roms preinstalled, but kept the normal modding stuff up
Sovereign citizen defense incoming.
He was selling chips preloaded with pirated games. No wonder he’s representing himself: no one bothered to defend him.
Highlight from the comments
It sounds like His defense might be ChatGPT, Throwing everything at the wall.
I fear his previous counsel was ChatGPT, and it noped out.
Well this is a stupid move because what he did technically is illegal. Most companies are not stupid enough to actually try and enforce it but Nintendo have the letter of the law on their side.
There is a reason why Nintendo wins all the time, it’s because none of what they’re doing is technically against the rules. It’s all in the letter of the law even if not in the spirit of the law.
He will literally die
Fly you fool
Fuck Nintendo. Come on, someone graph this pro bono… There has to be some bored, rich af partner out there who wants to tilt at windmills.
Nobody’s going to go against Nintendo pro-bono lol
At best you may be able to find a lawyer that’ll work on a contingency basis, but they tend to only take cases that they’re fairly confident they’ll win (since they don’t make any money if they lose)
Client is too crazy, and it’s Nintendo. Lawyers won’t touch this.
Yeah this doesn’t exactly sound like a Mr. Smith goes to Washington type…
Unfortunately the number of people who need a lawyer’s help is far greater than the number of helpful lawyers.
I really think The Simpsons missed the mark with their “8 laywers per person” joke.
Nah man, as much as I might dislike Nintendos business practices, this dude in particular only has himself to blame. Dude literally sold pirated games, signed an agreement with Nintendo to stop, then didn’t. Not surprised no one would want that case.
Nah this isn’t usual Nintendo bullshit, this guy was installing pirated games as part of his mods - he’s brought this on himself.
You either die a hero, or you live long enough to become Nintendo.
Maybe he has something up his sleeve we don’t know about
Like maybe he’s going to prove that Nintendo was emulating his work all along? (/s)
Maybe he doesn’t want to spend 50k for a case he’s losing anyway.
Not legal advice, but I believe denying all facts even the ones that are obviously true is setting himself up to pay costs for proving those facts, even if he was to win overall.
Nintendo are over litigious and have a reputation for weaponising copyright laws to shut down legitimate competition - but I suspect this might not be a good test case for challenging this.
Let the man cook!
His balls are Jupiter and Neptune
His brain is a lepton.
This isn’t a smart play, but it forced Nintendo to spend more of their legal team’s time on him, rather than the emulation community, so I support his suicide mission.
