Nintendo’s Out To Get $4,500,000 In Damages From Ongoing Switch Piracy Case

Update [Tue 7th Oct 2025, 3:45pm]: Recollecting last November, you may remember that Nintendo of America was poised to secure another lawsuit triumph after accused Switch “pirate” James ‘Archbox’ Williams did not respond or defend himself when summoned to court. The matter ‘entered default’, allowing NOA the authority to claim the total sought in damages, although the precise amount remained unknown—until now, that is (thanks for the update, @OatmealDome).

In an revised court document dated 24th October 2025, Nintendo states that it is pursuing $4,500,000 (approximately £3,355,000) in damages from Williams alongside a permanent injunction to prevent the defendant from committing piracy in the future.

A portion of the document states as follows:

NOA has been, and remains, harmed as a direct and immediate outcome of Williams’ actions. NOA possesses reason to suspect that Williams has participated in the infringing and illicit reproduction and distribution of numerous or countless copyrighted Nintendo Switch Games, and that through various Pirate Shops, he has disseminated or aided in the distribution of thousands, if not countless, unauthorized copies of such Nintendo Switch Games. NOA has also allocated and continues to allocate considerable resources to curb or impede video game piracy, including through the development, implementation, and updating of its TPMs, as well as monitoring and investigating piracy reports such as those related to Williams.

The document indicates that Williams has remained reticent on the issue. NOA mentions that a lawyer claiming to represent the defendant contacted them back in January 2025, with a message stating “Mr. Williams acknowledges that Nintendo may have a right to acquire documents supportive of its motion for default judgment”; however, there has been no further correspondence in the months that followed.

It remains uncertain whether Williams will comply with Nintendo’s requests, but the Big N is displaying no signs of retreating anytime soon.

Original Story: In July, Nintendo filed several lawsuits as part of its ongoing crackdown on Switch piracy. Four months later, one of these legal assertions has ended up as another victory for Nintendo, following the defendant’s failure to respond or plead within the court’s established timeframe.

The specific case was against James ‘Archbox’ Williams, the chief moderator of the r/SwitchPirates subreddit, whom Nintendo accused of providing “extensive collections of pirated Nintendo Switch games” through multiple “pirate shops”.

According to the initial claim, Williams labeled himself a “pirate” who had previously claimed that he “[isn’t] going to pay Nintendo $50 for a game”. The lawsuit (as shared by TorrentFreak) prompted Nintendo to seek “actual or maximum statutory damages” for various infractions should he be found culpable.

Nonetheless, no such ruling has been deemed necessary thus far. In a new court document filed by the Superior Court of Washington state on 8th November, it was disclosed that the case has now ‘entered default’ after Williams “failed to plead or defend within the timeframe prescribed by the Federal Rules of Civil
Procedure”.

A default judgment can be established early in legal proceedings if the defendant neglects to undertake the necessary actions. In this case, the claim can be resolved without a court hearing, typically awarding the claimant the full requested amount along with interest and costs.

An accompanying more detailed document from Washington’s District Court clarifies that Williams responded to a Nintendo cease and desist notice in March 2024 asserting that he would “‘comply and cooperate with any demands or requests . . . within [his] control’ but denying any infringement of Nintendo’s intellectual property”.

Nintendo subsequently issued a court order to the same address (and another possible location described in the document as the “Surprise Address”), to which Williams failed to reply within the stipulated timeframe. Thus, we arrive at the default judgment.

The court can overturn this decision if it is established that Williams did respond to the proceedings or if it determines that Williams possesses a robust defense. But, for now, at least, this appears to be another tally in the ‘win’ column for Nintendo.

A Nintendo lawsuit filed around the same time as the Williams case targeted modchip seller Modded Hardware. This claim is now advancing to the next phase, with the alleged store owner, Ryan Daly, representing himself in court.

We will ensure to keep you updated when we receive any further details on the James ‘Archbox’ Williams case.