Nintendo is celebrating a legal win against Switch mod devices. A Dutch court has ruled in the company's favor against an online retailer of Mig Switch Cards in the Netherlands, ordering the seller to stop offering the devices.
"The Defendant operated what is often known as a 'dropshipping' delivery system," Nintendo says in a press release, "where products ordered by consumers on websites targeting European consumers, including those in the Netherlands, are delivered directly from Asia, primarily China. The Court ruled that, by offering and selling circumvention devices marketed as 'MIG Switch Cards' and 'MIG Switch Dumpers' for Nintendo Switch on several websites (r4switch.nl, ther4card.com, and r4switch.co.uk), the Defendant acted unlawfully [and] respectively infringed Nintendo’s copyrights."
Mig products are often listed as a way for players to back up the Switch games they already own. The dumper devices create backup versions of game cartridges, while the main flash cartridge devices allow those backups to be booted on an unmodded console. Of course, Mig cartridges are far more often used as pure piracy devices, since there's nothing preventing you from just downloading game files from the internet and using those on your Switch.
"The District Court of The Hague followed the reasoning set by the highest European Court (Court of Justice of the European Union) closely and recognized that the primary purpose of these circumvention devices is to circumvent the security measures protecting Nintendo video game consoles and authentic video games, thereby enabling the use of unauthorized copies of Nintendo video games," the publisher continues in its press release.
Nintendo adds that its action against these devices is taken "not only on its own behalf, but also on behalf of the many video game developers globally that depend on legitimate sales of Nintendo video games. Nintendo promotes and fosters game development and creativity and strongly supports the game developers who legitimately create new and innovative games."
There are legitimate uses for flash cartridges, like booting homebrew software, but Nintendo's lawyers always seem to come knocking when piracy becomes their primary purpose – especially when it starts to affect a platform that's still a current commercial concern. The company won a similar legal case in the Netherlands against R4 cartridges for the DS back in 2010, and has seemingly even gone to the trouble of bricking consoles for Mig users.
But despite several legal victories against the makers and sellers of R4 devices in courts around the world, similar cartridges are trivially easy to get hold of today. They're even on Amazon at this point. Maybe the same will be true of Mig carts someday in the future, but for now, Nintendo is keen to make it as hard as possible to get ahold of them.
Unfortunately, these sorts of cartridge backup devices are also essential for future game preservation. There are thousands upon thousands of old games that have only been preserved and made accessible to modern players because of a decades-long legacy of piracy devices like the Mig cards. Here's hoping that preservationists get better ways to do their work in the decades to come, but so far the law has not been on their side.
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