Ryan Daly, a Michigan-based modchip seller who operates a store called Modded Hardware, is planning to defend himself in court against Nintendo without a lawyer after telling the company that he’d cease what had been alleged to be unlawful activity, including the selling of MIG devices and modded consoles, but not actually doing so, according to a new report. News of Daly’s lack of representation comes by way of a complaint that has surfaced online, one that can confirm the defendant, who is also known as “Homebrew Homie,” is not represented by a lawyer. A portion of the filing can be found below.
…Daly presents a list of seventeen affirmative defenses. These include fair use, invalid copyrights, a lack of standing, fraudulent inducement, an arbitration clause, failure to state a claim and unjust enrichment. The answer doesn’t elaborate on any of these defenses at this point. Now that Daly has answered the complaint, the lawsuit can move forward to the discovery process.