Nintendo might be taking a more relaxed approach when it comes to content creators, but that doesn’t mean the company shies away from legal action when it needs to protect its intellectual properties. The Japanese video game firm is cracking down on hacked consoles that allow for pirated versions of Nintendo’s library, filing a lawsuit against a Californian man for allegedly distributing the systems.

US resident Mikel Euskaldunak has found himself in Nintendo’s sights after supposedly violating the Digital Millennium Copyright Act. The filing states that Euskaldunak has been selling hacked NES Classic Mini above retail price, with 800 pre-loaded games at plug-and-play availability, according to NintendoLife. Alongside supposed dealings with the miniature console, the defendant has also been accused of selling modified services for the Nintendo Switch that allows users to play pirated titles.

Nintendo has also outlined that Euskaldunak and numerous other defendants are responsible for encouraging countless people to infringe on the company’s copyrighted material with instructions and software that allows users to install more games.  This counts as “contributory copyright infringement” that also weakens trademark properties.

Attorney Kenneth Parker explained that the defendants actively tried to cover their tracks, noting that they knew their behaviour was illegal and did everything they could so as to not gain attention for their efforts. Nintendo seems to be taking a relatively merciful approach by requesting an injunction preventing the sale and distribution of the copyright infringing devices, with no obvious sign of monetary compensation.

KitGuru Says: While I do wish that Nintendo would have offered ways to buy more titles on its Classic Mini consoles, allegations against the defendants suggest that they’ve crossed a very definitive line. Still, I’m surprised that Nintendo is seemingly exercising restraint for the time being.  

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