Is MIG Switch Being Sued?

Is MIG Switch Being Sued?

Over the past few days, we've seen several updates regarding the notorious piracy flashcart for the Nintendo Switch: MIG Switch. Key events include the release of MIG Switch V2 to reviewers, competitors gearing up, and a potential lawsuit.

MIG Switch V2 Reaches Reviewers' Hands

Under pressure from competition, the MIG Switch team has developed a "V2" version of their flashcart, featuring a button for easier game cycling. Reviewers Nick Moses and Deadspecimen tested the device, noting that while the button is a welcome addition, its implementation leaves much to be desired as it's not very user-friendly. Furthermore, the button appears to function only on the OLED Switch based on early tests.

UnlockSwitch: Delays and Promotions

UnlockSwitch, a competitor and clone of the MIG Switch, has been very active on social media, aggressively promoting their yet-to-be-released device. Despite sending beta units to reviewers, they have not announced an official release date. Previous review copies sent by UnlockSwitch were found to be reconditioned MIG Switch devices, raising questions about the legitimacy of their product.

UnlockSwitch remains in "wait and see" territory until it becomes available at retailers.

Potential Lawsuit Against MIG Switch?

Things don't look promising for MIG Switch despite V2 production. Recently, their official site migswitch.com went offline, with DNS records indicating ownership by a US-based entity in Washington state. Speculation suggests that the domain was seized as part of an ongoing lawsuit by Nintendo against individuals selling Nintendo modding tools and services.

Notably, Ryan Michael Daly (aka Modded Hardware) and James Williams (aka Archbox) are being sued for their involvement in selling modding tools. Archbox, a moderator of the SwitchPirates subreddit, is particularly targeted in the lawsuit for his online activity. Consequently, the MIG_Switch subreddit has gone private, indicating the chilling effect of Nintendo's legal actions.

While MIG Switch itself isn't directly sued (likely because they are not US-based), they are heavily referenced in the lawsuit. Nintendo's strategy seems to involve targeting anyone in the US promoting or selling the flashcart.

From the lawsuit: "The Mod-Chips and MIG Devices... are designed and marketed for the purpose of circumventing Nintendo’s TPMs, allowing users to access, copy, and distribute pirated Nintendo video games."

Nintendo's lawyers dismiss the "MIG Switch is a development device" claim.

Following the domain seizure, MIG Switch has changed its domain name, though it's unclear if it's truly MIG Switch behind the new site (migswitchru.com). The new site statement as of July 1st claims:

"Although our domain name www.migswitch.com has been seized, we continue operations as usual. We did not receive any warning or opportunity to defend ourselves. This domain seizure is a blatant overreach by certain governments and corporations. We clearly indicate our product is for legal use only where backing up owned games is authorized. We don't sell directly from our website and have no copyrighted material on it. We will not tolerate this bullying and will fight for internet freedom."

They suggest accessing updates via their .onion site for TOR users: 4gnoefk5zilujdkixixlsiagd3al5cejg3ooiwq2uuxgizgpnpwq7cqd.onion

Despite their bold statements, MIG Switch demonstrates a poor understanding of jurisdiction regarding URLs. The .com domain falls under US law, which likely explains their issues. A .ru domain would be more suitable for a Russian-based operation unless they aren't actually based in Russia.

For official complaints from the ongoing lawsuits, check Torrentfreak here.

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