this post was submitted on 08 Oct 2024
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Nintendo Switch Modder Who Refused to Shut Down Now Takes to Court Against Nintendo Without a Lawyer (www.ign.com)
submitted 4 weeks ago by nanoUFO@sh.itjust.works to c/games@sh.itjust.works
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[–] Dkarma@lemmy.world -2 points 4 weeks ago (1 children)

Based on what?

[–] voracitude@lemmy.world 36 points 4 weeks ago (1 children)
  1. He's going to court without a lawyer, which is always always always a bad idea (I wish that weren't the case but it is a fact);
  2. He's tried to claim he doesn't own or operate the business in question;
  3. His defenses are spaghetti thrown at the wall:

His defenses include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim, and unjust enrichment.

Many of these (in fact, all but the arbitration clause; that's probably from their TOS but won't save him) are SovCit arguments and simply do not apply. They're going to be dismantled in seconds in court, and I know that with at best a slightly-better-than-layperson understanding of the law. This guy is going to get thoroughly Bowser'd.

[–] PriorityMotif@lemmy.world 1 points 4 weeks ago

Pro se parties often get a more relaxed interpretation of their arguments because they can't be expected to know everything about the law unlike an attorney. If there's a chance that any of those arguments has merit then the judge will allow it.