
Back in July, Nintendo dished out a handful of lawsuits in its continued clampdown on Switch piracy. Four months on, one of these legal claims has come back as another win for Nintendo after the defendant failed to plead or otherwise respond within the court's given time.
The case in question was against James 'Archbox' Williams, the lead moderator of the r/SwitchPirates subreddit, who Nintendo accused of offering "massive libraries of pirated Nintendo Switch games" via several "pirate shops".
According to the initial case, Williams was a self-confessed "pirate" who had previously publicly stated that he "[isn’t] going to give Nintendo $50 for a game”. The lawsuit (as shared by TorrentFreak) saw Nintendo request "actual or maximum statutory damages" for several violations should he be found guilty.
However, no such ruling has had to take place. In a new court document filed by the Superior Court of the state of Washington on 8th November, it was revealed that the case has now 'entered default' after Williams "failed to plead or otherwise defend within the time prescribed by the Federal Rules of Civil
Procedure".
A default judgment can be reached early on in legal proceedings if the defendant fails to take the required actions. In this instance, the claim can be passed without a court hearing, usually granting the claimant the full requested amount plus interest and costs.
An accompanying more detailed document from Washington's District Court explains that Williams responded to a Nintendo cease and desist letter in March 2024 stating that he would "'comply and cooperate with any demands or requests . . . within [his] control' but denying any infringement of Nintendo’s intellectual property".
Nintendo then sent a court order to the same address (and another possible abode that the document describes as the "Surprise Address"), to which Williams did not reply within the prescribed time. And so we arrive at the default judgement.
The court can set aside this decision if it transpires that Williams did reply to the proceedings or if it rules that Williams has a strong enough defence. But, for the time being, at least, this looks like another line in the 'win' column for Nintendo.
A Nintendo lawsuit submitted around the same time as the Williams case was against modchip seller Modded Hardware. This claim is now progressing to the next stage, with the alleged owner of the store, Ryan Daly, standing self-represented in court.
We'll be sure to update you when we hear any more information on the James 'Archbox' Williams case.
[source storage.courtlistener.com, via storage.courtlistener.com]
Comments 48
Why are people still doing this? I feel like by now people should know better.
I hope this pirate guy is in jail now.
Pirates gonna pie.
just don't pirate current-gen games. been pirating stuff from older gens since my age was a single digit number and it's worked out fine.
There will always be people pirating stuff, I know a big reason for many people is how poorly some games run on the Switch, maybe the Switch 2 will help fix that.
@shiftbarackyeaugh this has been my stance as well. If the company will sell it to me, I'll buy it. If they won't... 🤷
Um...Put him in the brig until he's sober?
@PikminMarioKirby it's a power trip for these people. They see Nintendo as this unshakable monolith(soft) that needs to be "taught it's place" or "brought down a peg." Standard narcissism, really. Usually stems from abusive/neglectful parents. In this case it seems the moderator (yep, power tripping) used the reasoning that Nintendo games are too expensive because they hardly ever go on sale, unlike other publishers who put their stuff near clearance after a month. Of course we know that's cause those games are crap but in the eyes of a moderator (or again, narcissist to use the medical term) all things are crap compared to them.
I think his failure to respond is proof he doesn't have any kind of defense. He knows his life is pretty much over and he's likely hiding from authorities at this point to desperately "avoid" his sentence. Really sad to see these stories when all James had to do was buy Nintendo's content like the rest of us.
Good riddance.
@Zeebor15 Leave the billion dollar company alone lol
Not sure how much this person could've defended themselves, but straight up not pleading seems dumb regardless... not surprising considering his quote included in the article and yeah, absolutely had it coming considering he could've supported the official releases and simply decided not to unlike those who genuinely can't because they don't have (their own) money like me in the past, those from countries where certain games aren't officially available - not sure if the latter still happens nowadays, but it definitely did back in the day and is also a reason why piracy is practically inevitable for such older games without rereleases - etc.!
If you are a pirate, just dont brag about it, everything would have been fine if he had kept his mouth shut.
Man, people are stupid
You can't beat the Nintendo Ninjas!
Another Nintendo W, we going undefeated this season!
Just avoid the problem and it might go away! I see myself in this fellow.
If you're not willing to pay $50 for a videogame, you would've never survived this hobby, and you'd be out within months. Games aren't expensive; people are just cheapskates.
@mikegamer There a better and more effective ways to force a company to lower their prices if that's what it was really about, but it never is with these people. It's all about attention and the illusion of power. Like the TSA
General rule of commiting crime is do it and don't get noticed. Letting the world know what you're doing gets you noticed....and also means you're crap at crime.
@IceClimbersMain I better start pirating PS5 games with how some of those are starting to run, if that's the justification
Just to be clear: A plaintiff almost always has to prove damages, even if the defendant defaults. In this case, unless this idiot can show a legitimate reason for his default (maybe he was out of the country or hospitalized, for example), Nintendo must still prove why it is entitled to the amount of damages it is seeking (or entitled to any damages). In many instances, the defaulting defendant does not appear at that proceeding either, meaning Nintendo would face the easier prospect of arguing against an empty chair. But it's not likely that a judge would simply give Nintendo the damages it's requesting without a hearing on the evidence.
Don't pirate current stuff, not that complicated.
Keep the wins coming this month. Flaunting piracy and distributing current gen stuff? That's a paddlin. What a doorknob.
@batmanbud2 Not true, 102CAD after taxes for game is not "cheap", most people do not make as much money as you think they do...
Hell yeah. We going to the Super Bowl at this rate. Love being on a winning team. See Jerry this is how you do it.
@Jokerwolf CAD!?!?!
Y'all Canadians need to get Trudeau out.
This dude is the perfect example of the First World Pirate. Entitled, stupid, and prepotent. Hope he goes to prison for a while.
@batmanbud2 This was a problem even before him.
@Haruki_NLI Go ahead, I don't think there needs to be any sort of "justification" for pirating stuff. I personally don't pirate modern games; not because I have anything against it morally, it's just easier to pay for them. Many other people will do anything to save a buck/get better performance.
I will agree that it's sad how the PS5 is already starting to get blurry on games, that's why I've got my 30th edition Pro on the way.
@batmanbud2 Tears of the Kingdom is $75 in the States. Hopefully Trump fixes that too.
Ninty lawyers strike again. Also that guy really thought he could get away with it
Very simple, if you don't want to pay $50 / $60 / $70 / whatever for a game. Then don't buy them. It doesn't give you the right to pirate them. Also how he reacted to Nintendo absolutely says all. I am happy Nintendo won this.
But what if he just never replies again....
@Zeebor15 You really think Nintendo would do that, much less care about what their customers think? They're a business, they don't give a damn about what we think .
@Lofty1985 vpns are not as infallable as one might think. Records can still be obtained if your using a vpn company, and they can be liable for not maintaining them in the us.
You can tor or other less known methods, but its really just better if you know, you just pay for things?
As with all actions, always be prepared to face the consequences. Be a pirate if you want, but don't whine when the hangman comes a-knockin'.
What this guy did was idiotic but that being said I'm not going to sit here and defend Nintendo because of his actions. They don't care about us and I don't care about them, it's that simple.
@mikegamer Why are we having this argument again? I'm not saying anything for or against Nintendo. I'm saying the guy who failed to do even the bare minimum to defend himself is an arrogant idiot.
Yar , har, fiddle, tee, dee, you are in trouble!
@ManaOwls This made me giggle more than usual. Thank you for the hearty laugh.
@JohnnyMind perhaps be more productive with your time if you cant afford the games you play.. or at least get friends and share games. Stealing from people that work to provide entertainment is pretty sad. Do these people steal anything else? Just games?
@RubyCarbuncle Huh? They provide entertainment and jobs to produce them... you want them as slaves for your pleasure? You do that with any other company or government agency?
Something about this story doesn't sound right. I'm pretty sure you can't have a trial without serving the person. Simply sending documents to someone's address isn't enough. I guess this did happen in DC which is completely corrupt.
@ChakraStomps Videogames are among those things like books, movies etc. that can change lives, people (me included, but I've also heard similar stories here on Nintendo Life) have been literally saved in their darkest hours by them, others have been inspired to start their careers including (but not limited to, in my case it's majoring in Japanese and so my future jobs related to that) making their own videogames etc. so I'll never agree about taking them away from those who genuinely can't support the official releases (including those from countries where those aren't or at least weren't available as I mentioned which you conveniently ignored)... but that's also the very reason why I'll never stop encouraging those who can support the official releases to do so (unlike the person mentioned in the article who could've and simply didn't because of their stupidity/arrogance/whatever else) and so support those making those potentially life-changing videogames other than it being the right thing to do in general!
Pirates and losing. Always great to see parasites get their karma. Even the resident pirate here got deleted.
@Arawn93 I mean, most pirates are still winning. They just aren't dumb enough to announce what they're doing to the company they're stealing from.
@PoeTheLizard Hey if you call the takedown of Yuzu, Ryujinx, etc “winning” then more power to you.
Nobody gives a crap about a random nobody pirating. Nintendo cares about the more high profile targets like this idiot being the latest of many at this point.
Considering the state/reaction of the various pirate subreddits including message boards it’s cope to still declare it all did “nothing” to Nintendo piracy. Lot of them are pissed about what it means for future support (like the new system) and how inconvenienced they felt.
Nobody gives a crap if someone wants to Emulate some gameboy game, but all these idiots want to pirate new games before it even dropped and advertise it? Get the L simple as that
I think people saying you will never stop all pirates so why try are missing the point.
Nintendo has to come down hard on the big ones that actually cost it sales.
These are the ones that break the unwritten rules, of course Nintendo don't come after everyone that emulates a Snes game but providing access or tools for free switch games costs Nintendo. Another rule seems to be if you charge money then Nintendo comes after you.
As a company they have to protect their products and also their ip otherwise they potentially could lose some of it.
There's no real harm in owning a copy of a game and using a rom to play it in better performance but that's not what's going be the majority. If new Nintendo games are available for free people will stop buying them.
The some of these would never buy arguments are silly too. Nintendo not a charity or a right. It devalues their games and leads to others purchasers going so why am I paying so if its so easy to pirate it.
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