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]
Nintendo Is Handed Another Lawsuit Win After Accused Switch "Pirate" Fails To Plead
Dub by default
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