Nintendo secures $2 million settlement against Switch modder — Modded Hardware creator agreed to stop selling backup devices, but continued to, prompting lawsuit

Nintendo Switch 2 playing Mario Kart World
(Image credit: Tom's Hardware)

Nintendo has won a $2 million stipulated judgment and sweeping injunction against Ryan Michael Daly, the U.S.-based modder behind the now-defunct 'Modded Hardware' storefront. Daly, who sold devices like the MIG Switch and MIG Dumper, agreed to the judgment after initially denying wrongdoing and defending himself in court. According to the judgment, Daly originally agreed to stop selling the unauthorized devices but then reneged, prompting Nintendo to sue.

The order, signed September 5 in the U.S. District Court for the Western District of Washington, concludes a year-long legal fight with Daily, who represented himself throughout the case. As part of the settlement, Daly admits to violating both copyright law and the DMCA’s anti-circumvention provisions by selling modchips and tools that bypassed Switch security systems, thereby enabling piracy and unauthorized game backups.

The injunction also bans Daly from “reverse engineering” Nintendo systems, hosting tutorials, and even linking to circumvention materials. It also invokes the All Writs Act to compel third parties — including web hosts and registrars — to help shut Daly down for good.

This isn’t the first time Nintendo has gone after modders. In 2021, the company famously helped jail Team-Xecuter hacker Gary Bowser (yes, really), who was also ordered to pay Nintendo millions in restitution after distributing Switch modchips. Bowser, who was released from prison in 2023, will have to pay 25-30% of his earnings to Nintendo for the rest of his life.

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Luke James
Contributor

Luke James is a freelance writer and journalist.  Although his background is in legal, he has a personal interest in all things tech, especially hardware and microelectronics, and anything regulatory. 

  • nrdwka
    saidly, nothing will change since nintento sell the consoles like hot cakes despite many controversies around.
    Reply
  • Amdlova
    Nitendo will get what they deserves soon or later...
    Reply
  • DS426
    Wow, some pretty sweeping injunctions there. Nintendo is ruthless. Businesses have to protect themselves to a degree, but Ninny tends to take it too far. Before you know it, they'll be sending Yakuza to shorten people's fingers. Who knows, it's probably already happened!
    Reply
  • Alvar "Miles" Udell
    When you're stupid enough to get away scott free with a warning and an order to stop selling the devices but continue to do so anyway, you deserve to face penalties. Don't think $2 million is anywhere in line with what he should face, which is actual damages x 2 at the most though, but he agreed to it.
    Reply
  • _Shatta_AD_
    Nintendo will go after every potential infarction because their life and household name is on the line with few innovations and few good games worth buying. They want to milk every single cent they could get their greedy hands on and kill any budding competition before they could take hold. Too bad I know people that had willingly bought the entire Switch 2 ecosystem, accessories and all ‘just’ so they could play Mario World and only that. They have no other games on their Switch 2 and they said it’s worth every penny. So yea, with fanboys like that, Nintendo will just keep doing what they’re doing. Heck, they might as well just call their handheld Mario Console
    Reply
  • TheyStoppedit
    There are many companies I will not support due to how anti-consumer they are. Nintendo is one of them. I love the IP, but I hate the company. If I want a Switch 2, I'll buy one second hand. Really though, I'm just gonna wait a few years for an emulator hashtag 720p30IsNotAcceptableInTheYear2025
    Reply
  • ezst036
    Its always Nintendo. These people are so terrible.
    Reply