Recently, Nintendo’s legal department in New York issued a warning letter to an American company in Connecticut because it installed “modchips” on the Switch host at a price of US $60, ask them to stop this kind of behavior. After receiving the warning letter, the company immediately stopped the relevant services.
Alison Stein, Jenner & Block’s lawyer (representing the United States nintendo) indicates that the behavior of installing chips has been suspected of violating DMCA (Digital Millennium Copyright law): “Through the service you provide, literally, it is to disassemble the Switch host of the customer, then install the SX Core and SX Lite chips. By providing modchips installation services to the public, this is to provide services to circumvent Nintendo (copyright) measures, which also violates DMCA. Nintendo will not tolerate this kind of illegal behavior.”
Alison Stein further pointed out that the company is still providing installation services on the premise of realizing how Nintendo handles modchips marketers. Van Rheen, the founder of the company, said that he did not feel that he had violated any laws, because he did not sell any chips: “All I have done is welding, how can this infringe copyright?”
Van Rheen said that he knew that this chip could enable players to play pirated games, but he said that the main function of this chip was to enable players to export the saved games to an external SD card, in this way, there is no need to subscribe to Nintendo’s membership service.