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Nintendo is suing an Orange County, California, resident who it claims is illegally modifying its consoles and selling pirated versions of popular games in violation of the Digital Millennium Copyright Act.
Pirates have found ways to circumvent Nintendo’s hardware and software features that make it so only authorized games can be played, and in doing so the video game giant says they’re infringing on its copyrights and trademarks.
Nintendo says one of those individuals is Mikel Euskaldunak, who it claims has been selling modification services for the Nintendo Switch that allow users to play unauthorized games, and has been selling NES Classic Edition systems that come preloaded with 800 pirated games.
In addition to infringing its copyrights directly, Nintendo claims Euskaldunak and countless other currently unnamed defendants are also inducing users to infringe them and are liable for contributory copyright infringement as well.
“Defendants provide users of the modification with the tools to infringe and instructions on how to use the modification in a manner least likely to be caught or arouse suspicion,” writes attorney Kenneth Parker in the complaint, which is posted in full below.
Nintendo also claims the defendants are infringing and diluting its trademarks. The company is asking the court to order an injunction barring defendants from continuing to make, sell or otherwise distribute technology that circumvents its controls.
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