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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsThe Hague District Court has ordered one trader to stop specified sales and other conduct involving MIG Switch cards, MIG Switch dumpers and unauthorized Nintendo game links. The 2 September 2026 ruling is a Dutch court judgment with an injunction reported to apply to that defendant in the European Union—not a blanket ban on every MIG device or seller.
What did the Dutch court rule about MIG Switch cards?
In ECLI:NL:RBDHA:2026:25479, decided on 2 September 2026, the Rechtbank Den Haag (The Hague District Court) found that the defendant acted unlawfully by offering and selling MIG Switch cards and MIG Switch dumpers. The defendant admitted offering and selling them from September through December 2024. The court summary says the products were intended to circumvent effective technical measures Nintendo uses to prevent unauthorized copies of its copyrighted games; it characterizes the conduct as unlawful under Article 29a of the Dutch Copyright Act and as copyright infringement. IE-Forum.nl’s report of the judgment was published on 14 September 2026.
The ruling also addresses other conduct in the case. The court found that displaying Nintendo marks when offering the MIG products infringed Nintendo’s trademarks under Article 9(2)(a), (b) and (c) of the EU Trade Mark Regulation. It also found that an “R4 Game List,” which linked to approximately 400 unauthorized Nintendo game copies and included installation instructions, amounted to a communication to the public under Article 12 of the Dutch Copyright Act. That approximate figure describes links in this case; it is not a statistic about piracy generally.
Does the ruling ban MIG Switch devices throughout the Netherlands or Europe?
It is more precise to call this a defendant-specific injunction than a general device ban. The reported order directs this defendant, after service, to stop the specified circumvention, copyright-infringing and Nintendo trademark-infringing conduct in the European Union. It does not establish that every seller of every MIG device is subject to the order, or that an EU-wide law has banned the hardware.
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Nintendo had sent the defendant an initial demand, and the defendant stopped the activity. The court nevertheless considered injunctions relevant because there was no undertaking backed by a penalty to prevent the conduct from resuming. The judgment report does not establish whether the decision was appealed or later modified as of 7 October 2026.
What penalties and obligations did the order impose?
The reported order includes the following remedies for this defendant:
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- Specified prohibitions: a penalty of €10,000 per day or part of a day for non-compliance, capped at €500,000.
- Information disclosure: a separate penalty of €5,000 per day or part of a day, capped at €250,000, for failing to provide ordered information about suppliers, commercial contacts, customers, product quantities and gross profit.
- Damages: assessment in separate proceedings rather than a final damages amount in this ruling.
- Legal costs: €22,051.90 in reported costs, including court, bailiff and post-judgment costs. The report says the court limited claimed attorney costs to €21,000 under the applicable schedule.
What does Nintendo say about consumer risks?
Nintendo’s legal information for the UK identifies MIG Switch/MIG Flash and R4 Switch cartridges as examples of circumvention products. That is Nintendo’s explanation and consumer guidance; it is separate from the Dutch court’s findings in this particular case. Nintendo’s UK legal information warns that unauthorized products may damage Nintendo products, that such damage is outside warranty coverage, and that users may lose functionality such as online play or find a console no longer works after a network update. These are risks Nintendo identifies, not outcomes quantified by independent testing in the materials available here.
Nintendo’s message, as quoted by Nintendo Wire, is to avoid circumvention devices, software and unauthorized game copies because they increase the risk of interfering with the functionality and experience provided by authentic Nintendo products. Nintendo Wire reproduced the statement without naming an individual speaker.
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What happens to the seller now?
The reported injunction takes effect after service and requires compliance with its specified prohibitions and information-disclosure requirements. The penalties are attached to non-compliance with those requirements; they are not amounts automatically awarded as damages. Nintendo’s damages claim remains for assessment in separate proceedings. The available report does not say whether the order has been enforced or whether an appeal has changed its status.
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