"Daly's pro se legal representation in the case was notable for its use of several novel affirmative defenses, including arguments that Nintendo's "alleged copyrights are invalid," that Nintendo "does not have standing to bring suit," and that Nintendo "procured a contract [with Daly] through fraudulent means." For the record, the judgment in this case reasserts that Nintendo "owns valid copyrights in works protected by the TPMs, including Nintendo games and the Nintendo Switch operating system.""
"In addition to $2 million in damages, Daly is specifically barred from "obtaining, possessing, accessing, or using" any DRM circumvention device or hacked console, with or without the intent to sell it. The judgment also bars Daly from publishing or "linking to" any website with instructions for hacking consoles and from "reverse engineering" any Nintendo consoles or games. Control of Daly's ModdedHardware.com domain name will also be transferred to Nintendo."
Daly represented himself and raised affirmative defenses claiming Nintendo's copyrights were invalid, that Nintendo lacked standing, and that Nintendo procured a contract with Daly by fraud. The judgment reaffirms that Nintendo owns valid copyrights in TPM-protected works, including Nintendo games and the Nintendo Switch operating system. Daly was ordered to pay $2 million and is barred from obtaining, possessing, accessing, or using any DRM circumvention device or hacked console, with or without intent to sell. The judgment also forbids publishing or linking to hacking instructions, reverse engineering Nintendo consoles or games, and transfers ModdedHardware.com to Nintendo. The case follows a prior $4.5 million plea and prison sentence for a Team Xecuter leader.
Read at Ars Technica
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