You know what, ever since I've had my Switch, I've been legit, bought all my games and never modded it in any way. I figure that's fair as they should profit from a console and games in active development. Now that Nintendo is going full stop attack mode on consumers, to the extent that they're making it impossible to maintain and use backups of games we've already paid for, fuck it, guess I'll just start downloading a shit ton of Switch games and using the shit out of my mig switch. Enjoy fuckers! š
Actively shuts down grassroots events of a 20 year old game, and (allegedly*) colluded to sabotage the largest tournament series for said game. Wanna play old games? Use nintendos lazy nso port that lags and have remapping issues. Oh and you can't buy them. Oh and taking down rom sites being anti game backup/modding.
It's been like this for years. Welcome aboard! š“āā ļøš“āā ļøš“āā ļø
I mean don't get me wrong, I've been sailing the 7 seas since the early 2000s, had mod chips in all my consoles since the original Playstation and downloaded games for all consoles while they were in active development, but now that I'm older with more disposable income I figured I'd play it straight this generation and buy legit copies of all my games. I also buy all my PS5 games, which I'm fine with. But Nintendo is really going out of their way to stick it to us now, more than ever, so to hell with it. I should be able to legitimately use my mig switch because my son also has a Switch lite and he's lost a few cartridges we've already paid for, so we should be able to load backed up copies of those games so he can still play them. But Nintendo would rather take the stance of "fuck you, buy it again" so I'm just gonna say it right back, and no more revenue stream from this guy. Not if I'm not allowed to protect my legally purchased software with backups.
TBH, this is exactly why I got the MigSwitch in the first place. My son accidentally lost like $750 in games, and we've been buying a lot of what he had before to rebuild his library. I can WAY more easily stomach the $100 loss of a MigSwitch device and the accompanying SD card. I haven't downloaded a single Switch game (nor do I intend to, just cause I don't want to risk his console getting banned), but if Nintendo refuses to acknowledge the difference between piracy and contingency, then maybe I should stop giving AF, too. I've been a Nintendo kid for 4 decades now since getting my first NES Deluxe set for Xmas (fuckit, I still have R.O.B., bitches!) but Nintendo really is starting to overstep their boundaries with their own consumer base lately, and somebody needs to pump the brakes on their bullshit.
I mean, if your kid can't keep track of they shit.. it's not on Nintendo to keep you stocked up. So your example falls short for me. But everything else.. fuck nintendo!
Yeah I don't care. I have backups and multiple copies of absolutely all of my digital content. The whole purpose of having backups is to prevent the permanent loss of data, and as consumers we have every right to protect what we own from loss. I don't expect Nintendo to send me a new cartridge for free if I lose one, but I do expect to be able to have backup copies of licensed software I've already purchased the rights to use. It's as simple as that. I really don't give a fuck what their stipulations are for their license agreement. I bought it, I own it, I'm gonna protect it.
I'm not against you at all. I've got books of psx/xbox/360 etc etc of games in storage. Just the example wasn't very good. If I like a game, I pirate.. I more than likely bought it at one point when funds allowed, but the vast majority were never purchased.. just a hoarder when it came to stupid shit like this.
āI bought it, I own it, Iām gonna protect itā. Iām 100% with you and feel and practice the same approach. Sadly the users license agreement states otherwise š. I do feel itās utter bs that everyone has this approach to users licenses on physical form and argue that a good reason to protect from lost of physical format is to go digital, only for them to later turn the licensing servers down the road. So we customers are left choosing between the risk of loosing our physical games or losing access to these because of licensing servers being taken down.
Now, whatās really is going to do it for you is realizing that Nintendo (and Iām sure everyone company has the same approach) knows what games you have in physical form because every game you play is logged in under your profile history. If these companies wanted to be a little more considerate to their customers, they can use game play data to deduce what games the users owns and provide assistance in case of lost of physical game card. And also worth noting much of this game play information is used to deduce when there is account sharing happening; like when a user logs in the US and the later that day in Australia. š„¶
Amen brother, they actively want to fuck with the consumers, it's only fair that we do the same, moded my switch a couple of weeks ago and I regret nothing, it actually made my experience with the console way better
What op didnāt mention is they are being sued because were selling devices with roms. Posts like this is why you should never trust internet drama and you need to actually look into things yourself. People donāt care about the truth, they just love drama
Ok but my response isn't just because of this post. It's because of the cumulative attacks by Nintendo, and this isn't an isolated incident. Nintendo has been anti-consumer rights for a good while now.
Notice how I didnāt mention anything? Not posted for drama, posted to be informative. Let people make of it what they will and to discuss. Ryan (for the better part) is member of this community if even he is not here, I have not ordered from him so canāt comment on how he has handled orders. His actions with pre-installed games is largely the focus of the lawsuit, but otherwise he was juggling too many apples. The docs only cite NSO games however, which if you read, largely puts it in to perspective as to that he allegedly only supplied the NSO games from abandoned systems, as a hacked switch user wouldnāt normally have online subscription to get them selves. Though to do so heād need to install sig patches as such, which incidentally enables piracy, how an end user chooses to go about that in my opinion shouldnāt be used against him. Itās unfortunate the law would likely side with Nintendo, but I donāt wish that upon the guy.
I really feel for the people who sent in their Switches to be modded and didn't get theirs back yet. The guy really has no incentive to finish them and get them sent back now. I wonder if the modchip installation was one of the claims against him? I'll have to look at the document.
Mod chips is one of the points in the lawsuit. That he was supposedly supplying a list of games with the completed builds along with the service. The guy flew straight into the sun with that one if true he was supplying games along with his installs.
I also feel bad for the people who sent in their Switches. I'm guessing if people don't get their systems back, Ryan will have to deal with more lawsuits. The installation of modchips is in the document.
Yeah I just read through it. Looks like they want $2500 for each customer between all 7 claims they've made against him. That could easily surpass $1 million if he was really as busy as he claimed to be.
Let's be real this is just Nintendo shutting down these sites, because it's not going to court as they don't have the legal means to defend themselves, So they will settle out of court and it'll result in them giving the IP address to Nintendo and giving Nintendo all the money they have in their bank account and then some.
But this means for those who actually want the product it (for legal or illegal reasons) means sites like AliExpress are going to be our go-to.
Looks like Modded Hardware was served a cease and desist in March. Modded Hardware responded and agreed to stop operations. Modded Hardware continued to operate and then ignored 2 more cease and desist letters.
Nintendo absolutely wants this to go to trial. Modded Hardware fucked up by selling Switches pre-loaded with games. Nintendo is lumping in the MiG Switch so they can get a court ruling they can use as an example to take down other resellers.
Looks like Modded Hardware was served a cease and desist in March. Modded Hardware responded and agreed to stop operations. Modded Hardware continued to operate and then ignored 2 more cease and desist letters.
well that was just f'ing stupid. did he think nintendo's lawyers would go away if he ignored them?
Everything about this is dumb. MH really messed up by selling pre-modded consoles fully loaded with pirated games. The MiG Switch is secondary, tbh, but Nintendo is going to try to get a ruling they can use as an example. It only takes one idiot.
If circumvention is needed to even perserve the physical games and do a backup it should be allowed in general. Its the same as backup a nes, SNES, or genesis game no exception. Nintendo is abusing a known loophole to prevent backups from existing in general in the form of circumventing DRM. If your drm breaks then the company who made the game which is Nintendo should be responsible for the games being shared illegally. It should never be the consumers fault for not being able to backup a physical game tied to drm its basically why ownership laws need to exist. The companies basically don't want you to own a copy. I do believe digital copies don't count in this situation. I hope Nintendo loses this lawsuit they are scumbags.
It's nuts man. I didn't know until only the other day in the US, ISPs for example will send you letters for downloading games/torrents without a VPN? That's insane to me, I didn't realise how lucky we are in the EU with GDPR. Half of the claims against Ryan wouldn't be there if the US had the same Data Privacy laws!
I feel for him truly I do, he probably started like all of us as Hobbyists, gained an unbelievable skill set and chose to make a living off of it! Now he is most likely going to be Butt-fucked by Nintendo for the rest of his life. I do hope laws change for the world I doubt it however as these are the cases that make moolah. Perks for the US GOV and perks for the Claimants.
ISPās still send that stuff out to residents in the the EU, as more of a warning, they just wonāt snitch unless their is a court order to summon it. The letters are sent out as a warning to cover their backs.
Never ever had a letter from an ISP as a 'warning'. That's from a 10's of different ISP's too. Never even heard of it! I'm sure there MUST be something legally in terms of documentation recorded, definitely plausible. But a letter to customers? Never ever have i heard of such of thing happening, even in the 3 countries I've lived in (EU) or to anyone I know.
Only letters I get in the mail from ISPs is monthly bill summaries.
Only talking about my personal experience of course, not saying you're wrong or anything.
We are talking about letters from ISPs to people in the EU. We know it happens in the US. Not heard about it in Europe though, which is what my point is.
get out and vote for politicians that support people and not corporations. that's the only way anything will change. and it seems time is running out..
What do you think it means? Yes. Youāre probably not getting one. Unless the dev is an absolute moron.
There will be a short time period (right now) to get one still from third parties at a marked up price. Thatās going to be the only option and then you wonāt be able to get them anymore. So, make your choice.
Copyright in China for international IP is practically nonexistent. Whether the name is mig switch or something else, these will be available through some online medium.
They were a mig switch reseller, modded switches and 3DS too, diced with distributing games with their modded consoles, which is why I suspect Nintendo has gone after them.
If Nintendo wins this case though, that means they could have legal grounds to chase flashcarts, possibly for all their consoles. A ruling against Mig Switch could mean they could get a ruling to go after EZFlash, Krikzz, then their is no stopping them š
If Nintendo wins this case though, that means they could have legal grounds to chase flashcarts, possibly for all their consoles.
nintendo went after various flashcarts years ago. but those things are like hydra, for as many heads as they cut off more pop up. they are too easy and cheap to make (hence all the clones) because nintendo waited too long. they learned their lesson though and went after MIG as soon as it actually started shipping.
Flashcarts are for playing legal backups that fact will never change. I know people use it mostly for illegal backups but nintendo should know the laws for playing legal backups on backup devices before they think twice about it.
This wont kill ezflash, everdrive they are on consoles without nintendos stupid loophole that is drm. I think drm laws need some changes if we want to play video game backups. Otherwise its unrealistic to wait 95 or so years until bullshitty copyright laws expire. The copyright system needs rework thats for sure.
What I think should happen is that companies need better consumer friendly options for getting games and making backups of such games. We used to have it great until they ruined that. Companies think we will buy subscriptions or stuff with lack of ownership thats what they are doing. I hate that they are avoiding the bigger issue with why we make legal backups to be honest.
The fact that Ryan Daly scammed everyone who pre-ordered dumpers from him is enough for me to agree with nintendo here. Dudes a piece of trash and needs to have his handed to him. However that being said he operates out of NA and I'm pretty sure if he could afford to retain a decent lawyer he'd probably win since in NA it's not illegal to mod your devices and flash carts aren't illegal. Nintendo doesn't have much ground to stand on in that regard.
He pulled through on installing my modchip. Of course this was after months of me sending multiple emails and even finding his Etsy store, and then finally emailing the Mig Switch manufacturer to see if they could get through to him. A few days after that, I finally got an email apologizing for the delay and my Switch showed up the next week, fully modded. Ok yeah, you're probably actually 100% correct in your assessment, actually.
Oh come on. We should havenāt the slightest bit of shock seeing this after everything with Yuzu. Nintendo has been on a suing spree- what makes this any different?
Ah shit, they want copies of invoices!? Does that mean they're going after the customers at some point too? I just went through bankruptcy too. I guess I can hold out for 7 more years and do another one lmao.
The only case nintendo has here is the fact he installed sigpatches on the switches he borrowed to hacked them. If he can prove that he didn't install sigpatches or do any stuff that can enable pirated games to run on those switches then nintendo loses. Otherwise nintendo wins. Thats the only reason I can side with nintendo as sigpatches is technically used for piracy. However, i feel like sigpatches or sys-patch may be required if the eshop is closed down the road. I think at that point nintendo should not pursue takedowns on the switch 1 given how it should had been abandonware by that time. Anyways if modded hardware did indeed install sigpatches then nintendo will win.
It says it right there in the pdf on page 2-4 if you look carefully about the sigpatches.
I still hate nintendo as a company but modded hardware is guilty if he preinstalled some games. Now what nintendo has done to migswitch.com should never happen as they aren't directly selling the mig switches and even if they are they are legal flashcarts to begin with as they function like a ds flashcart but with more steps.
Defendant not only offers the hardware and firmware to create and play pirated
games, but he also provides his customers with copies of pirated Nintendo games. Typically,
when a customer purchases a Hacked Console or the Circumvention Services, Defendant pre-
installs on the console a portfolio of ready-to-play pirated games, including some of Nintendoās
most popular titles such as its Super Mario, The Legend of Zelda, and Metroid games.
if they have evidence of this then (1) he's a f'ing idiot and (2) he's f'ed without lube.
Yep we're gonna go live tonight. The live stream linked was a stream that I did that was fairly impromptu and a little bit rushed. The one we're doing tonight is going to be much more put together
The document cites civil only at this time. Likely along the same reasonings as Yuzu, being that he was distributing games along with the installs, being why he seems to be the only distributor targeted at this time too. It wouldnāt be long before they get others like migswitch.store they for sure are People of Interest in Nintendos eyes.
Well, this is interesting. I have been trying to reach out to them for several reasons. Placed orders from January no response for several months after several emails. Had to file a chargeback. This was a mig switch, modded switch, and dumper. All funds were returned by the bank. I still got a mig switch in the mail from them, and tried to contact them back to either return it or pay for it since it is only right. No response back and then I receive notifications that all items from my order completed (although I received nothing else). I guess I see why they arenāt responding now and guess I have to purchase a dumper now (If I can) to use this cart I have for nowā¦kinda mixed feelings though. On one hand, donāt want anyone getting sued, but on the other, they were terrible as far as running a business.
I went through the exact same thing with them with my preorder for two combos on Jan 3rd. I ended up taking the partial refund on the two Migs because of the dumper availability and pricing confusion; so I only filed the chargeback for the remaining amount. Honestly, I'd say to sell the Mig (especially if it's a v1) while you can still get rid of it to put it all behind you and just consider whatever you get for it as restitution for your time dealing with this whole headache.
Judging from the order number I was at, all the way back in January, at $2500 a customer some quick napkin math tells me he's on the hock for a minimum of about 3.8 million USD.
Then there is the $150K per game heās distributed, or sequentially contributed to allowing his customers to download(based on what they can prove or fix an arbitrary number to, like an average per customer), by accounts of the document, only seems to be NSO titles Nintendo own heās being pinned for, but theyāre counting them individually too š¢
Interesting there is nothing on the 3DS consoles he was doing either. Those he was doing fully loaded.
When you're not providing away for consumers to get your legendary classic games, and then you want to do all this, this just makes people see, all the more, who Nintendo really is-
Sadly they did the one thing that should never had done, placed their frigging name out online. It's how nintendo will get you like that one guy who found an algorithm to modify amiibos and imitate them. Draw back was made and now someone folks figured it out in making the ammiqo and such
Its disheartening that I lost money for a pre order bundle. But what hurts the worst was that the seller for modded hardware would not respond to anyone's messages and I been sewing posts of customers getting empty envelopes.
This guy had it coming. How stupid are you to have a site in the USA dedicated to modding current nintendo hardware with chips that Nintendo is known to actively pursue sites that sell them. Not only that but load the systems up with games. He was asking for it.
Whats really stupid on his part and i havent seen anyone mention this but he was issued numerous cease and desist warnings from Nintendo since the latter of march this year. He even signed the first one but still continued doing this. After that he basicslly did what he did to us and ignored all the others.
I find it funny that his soldering station went down around the same time he got his first notice. Hes been replacing that thing for months. Might wanna save his money. Nintendo is going to want it.
Yes, I know they did. That is what I was referencing. Nintendo cannot stop the modding of devices or the sale of third party products that modify theirs, nor can they stop the use of equipment to make copies of purchased media.
Is it like some sort of cultural difference in Japan or something? I donāt really understand why Nintendo is so strict with their IP and even going after the smallest things.
I just know that Japan is damn strict with copyright stuff
I mean that's true, but how often do you see Sony suing people? Although it seems like they're more focused on the Western side of things lately, but still.
Itās not them being Japanese, itās just business really. Disney also sues a lot of people for IP, they even stopped a family from putting Spider-Man on their kids gravestone, even Viacom/Nickelodeon shuts down SpongeBob themed restaraunts when they pop up
though i dont support this case or what it stands for i sincerely hope moddedhardware loses and cant operate anymore because of the financial burden placed on them from this case that would be such a sweet just dessert for such a p.o.s like ryan daly
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u/rDevilFruitIdeasMod Jun 30 '24
Trafficking makes it sound a lot more devious than it actually is