Nintendo Wins Dutch Court Case Against MIG Switch Devices

Nintendo has won a court case in the Netherlands against a seller of MIG Switch Cards and MIG Switch Dumpers, with the District Court of The Hague ruling that selling the devices unlawfully circumvents security protections used by Nintendo Switch hardware and games.

The defendant has been ordered to stop the infringing activity and provide Nintendo with detailed information about the business behind the devices, including suppliers, sales, remaining stock, and profits. Financial penalties can also be imposed if the court's orders are ignored.

The case concerned MIG Switch Cards and MIG Switch Dumpers sold through websites operated by the defendant.

A MIG Switch Card can be used to load game data onto a cartridge-shaped device that works with the Nintendo Switch, while the Dumper can copy data from physical Switch cartridges. Nintendo argued that the products were designed to bypass technical measures intended to prevent unauthorized copies of its games from being used.

The court agreed, finding that offering and selling the devices violated Dutch rules protecting technological measures used to secure copyrighted works. Nintendo also succeeded with trademark claims connected to how its names and other protected marks were used when advertising the products.

The judgment applies directly to the defendant and the conduct covered by the case. It should not be read as an automatic Europe-wide ban on every MIG Switch device or seller. Nintendo says the decision further strengthens the legal basis for rights holders to act against similar circumvention products.

The court ordered the defendant to stop the unlawful activity and imposed significant penalties for non-compliance. Breaching the main order can result in a payment of €10,000 for each day or part of a day that the violation continues, with the total capped at €500,000.

The defendant must also give Nintendo a complete and verifiable account of the commercial operation. That includes information about suppliers and business contacts, commercial customers, the number of devices ordered and sold, remaining inventory, and the gross profit generated from the products.

Failure to provide the required information can result in a separate €5,000 daily penalty, capped at €250,000. Nintendo was also awarded €22,051.90 in legal costs. The defendant was also ordered to compensate Nintendo for damages, with the amount to be determined in separate proceedings.

The MIG Switch hardware was not the only part of the case.

The defendant also offered an R4 Game List containing links to roughly 400 unauthorized copies of Nintendo games, together with instructions explaining how to install them. The court found that making those links available infringed Nintendo's copyrights. It also upheld additional trademark claims relating to the use of protected Nintendo game names.

Nintendo has challenged circumvention hardware in the Netherlands before, including an earlier case involving R4 devices for the Nintendo DS. The new ruling extends that legal fight to MIG Switch Cards and Dumpers, with the court now specifically accepting Nintendo's argument that selling those products unlawfully bypasses the protections built around Switch software.