Nintendo’s Legally Pursuits Unmasking r/SwitchPirates Users in ‘Pirate Shop’ Lawsuit

• Nintendo is upping its video game piracy approach, trying to tackle r/SwitchPirates subreddit users.
• The subreddit reportedly served as a hub for directing users to pirate shops and teaching them the steps to play pirated games via circumvention tools. 
• The Japanese giant intends to subpoena Reddit, Discord, Google, and other online platforms.

Nintendo filed a motion to subpoena Reddit, Discord, Google, and other online platforms as part of an ongoing lawsuit, requesting data to strengthen its claims against a defendant accused of running multiple "pirate shops" that distributed unauthorized Nintendo Switch games. 

The gaming giant also hopes to identify additional individuals allegedly involved in facilitating piracy through the r/SwitchPirates subreddit.

The legal dispute began in July when Nintendo filed a lawsuit in a Washington federal court against J. Williams, known online as ‘Archbox.’ Nintendo accused Archbox of operating several piracy-focused entities, including ‘Jack-in-the-Shop,’ ‘Turtle in the Shop,’ and ‘NekoDrive.’ 

While these entities ceased operations following Nintendo’s cease-and-desist letters earlier this year, a fourth shop, ‘LiberaShop,’ remained active on Telegram but was eventually shut down after the lawsuit was filed.

Nintendo’s complaint alleges that these pirate shops distributed extensive libraries of pirated Nintendo Switch games and assisted users in obtaining and using circumvention software to bypass the console's security features. 

According to the lawsuit, Archbox also used the r/SwitchPirates subreddit to promote piracy-related activities, growing the community to nearly 190,000 members.

The subreddit reportedly served as a hub for directing users to pirate shops, teaching them how to download and install circumvention tools, and guiding them on playing pirated games.

After significant challenges in serving the defendant, Nintendo successfully delivered the complaint in August. However, with no response from J. Williams, the court entered a default earlier this month. Nintendo is now seeking additional evidence to bolster its case for a default judgment and to identify other individuals potentially involved in the piracy operations.

To achieve this, Nintendo has requested subpoenas targeting third-party platforms, including Reddit, Discord, Google, GitHub, and Namecheap. The goal is to obtain information that could shed light on account holders, payment streams, and traffic data related to the pirate shops and r/SwitchPirates subreddit.

“Without third-party discovery, it will be impossible for [Nintendo] to ascertain the identity of the unnamed individuals who worked with Mr. Williams in operating the Pirate Shops or otherwise making available to the public pirated Nintendo games,” the company wrote in its filing.

Reddit is a central focus of Nintendo’s inquiry due to the pivotal role the r/SwitchPirates subreddit allegedly played in facilitating piracy. The company believes that Archbox was a primary moderator on the subreddit and may have operated additional user accounts or collaborated with other individuals.

Through the subpoena, Nintendo seeks data demonstrating the growth, traffic, and user activity of the subreddit during the period in question. This information could potentially identify co-conspirators or additional defendants to name in an amended complaint.

The request extends beyond Reddit, as Nintendo seeks data from Google and GitHub, particularly regarding the distribution of circumvention software. Google may hold Gmail data and traffic statistics for shared files, while GitHub’s logs could reveal download statistics for tools used to bypass Nintendo Switch security measures.

Discord and Namecheap are also being asked to provide information that could illuminate the operations of the pirate shops and the individuals involved.

At the time of writing, the court has not yet granted Nintendo's motion for subpoenas. If approved, the information obtained could significantly strengthen Nintendo’s case against J. Williams and potentially lead to further lawsuits targeting additional individuals involved in piracy activities.

Nintendo’s aggressive legal strategy is known, as it recently targeted the open-source Nintendo Switch emulator Ryujinx, leading to its discontinuation.