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Why a Nintendo Switch Modder Owes $2 Million in a Piracy Lawsuit

A $2 million stipulated civil judgment against Modded Hardware operator Ryan Michael Daly covers Switch circumvention devices, game copying, and a permanent injunction.
From TheFinanceBase Team2 min to read
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Ryan Michael Daly, who operated Modded Hardware, agreed to a $2 million civil judgment in Nintendo’s lawsuit over Switch circumvention devices, hacked consoles, and game copying. It was not a criminal fine or a jury verdict: the amount and permanent injunction were recorded in a joint stipulation filed September 5, 2025.

What happened in the case?

Nintendo of America sued Daly, doing business as Modded Hardware, in the U.S. District Court for the Western District of Washington at Seattle, case No. 2:24-cv-00958-GJL. The parties filed a joint stipulation for entry of final judgment and permanent injunction on September 5, 2025. The court-recorded monetary judgment was $2,000,000.

The stipulated conduct concerned more than general console modification. The document says Daly marketed, distributed, and sold devices primarily designed to circumvent Nintendo Switch technological protection measures, including the MIG Switch and MIG Dumper. It also covered mod chips, consoles pre-installed with mod chips, and installation services. The stipulation says the MIG Switch enabled play of unauthorized or pirated Switch games, while the MIG Dumper copied cartridges to computer hard drives or external storage. It further states that Daly copied and distributed certain Nintendo games to customers in connection with hacked consoles and circumvention services. Read the filed joint stipulation and judgment materials.

Why did the parties agree to the $2 million judgment?

The joint stipulation records that the parties agreed the marketing, distribution, and sale of the devices and services violated sections 1201(a)(2) and 1201(b)(1) of the Digital Millennium Copyright Act, which address trafficking in technologies that circumvent copyright protections. It also records that copying and distributing Nintendo’s copyrighted games constituted infringement under section 501 of the Copyright Act.

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These are findings embodied in the parties’ stipulated judgment. They should not be confused with a jury’s verdict or a criminal conviction. The stipulation says the conduct caused Nintendo of America “significant and irreparable harm”; that is the parties’ statement in their filing, not a quotation from a separately authored judicial opinion.

What does the permanent injunction prohibit?

The order bars Daly and covered people acting with him from a broad range of activity connected to the devices and services in the case. The specific restrictions include:

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  • Trafficking in circumvention devices or services, and possessing or using those devices or hacked consoles.
  • Helping create or develop the covered devices, or distributing related technology or instructions.
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The judgment also requires Daly to surrender and transfer ModdedHardware.com to Nintendo. It allows Nintendo to select covered devices and materials for seizure, impoundment, or destruction. The scope comes from this order and its specified conduct; it is not a ruling that every form of Switch modding or emulation is unlawful.

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What the judgment does—and does not—mean

This is a civil case against Daly and Modded Hardware. The $2 million figure is the monetary judgment in this case, not a general measure of the cost of piracy, a recurring payment, or a criminal penalty. The parties’ stipulated findings concern the named circumvention devices and services and the copying and distribution described in the filing.

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Ars Technica reported that Daly represented himself and summarized the agreement, but the filed judgment is the primary source for the amount and injunction. This case is separate from Nintendo’s lawsuit against Gary Bowser. Ars Technica’s September 9, 2025 report provides secondary context.

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