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The Hague District Court ruled on 2 September 2026 that a trader acted unlawfully by offering and selling MIG Switch cards and dumpers. The reported order requires that defendant—not every seller or owner worldwide—to stop specified conduct in the European Union after the order is served. The case also covered Nintendo trademark use and links to unauthorized game copies.
What did the Dutch court rule about MIG Switch cards?
In case ECLI:NL:RBDHA:2026:25479, the court found that the defendant’s sale of MIG Switch cards and MIG Switch dumpers circumvented effective technical measures Nintendo had put in place to prevent illegal copies of its protected games. The judgment summary characterizes the conduct as unlawful under Article 29a of the Dutch Copyright Act and as copyright infringement. The defendant admitted offering and selling the products from September through December 2024. IE-Forum.nl’s report of the judgment reproduces the court’s finding.
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The ruling also addressed how the products were marketed. The court found that displaying Nintendo marks when offering the MIG products infringed Nintendo trademarks under Article 9(2)(a), (b) and (c) of the EU Trade Mark Regulation.
The separate finding about the R4 Game List
The case included an “R4 Game List” with installation instructions and links to approximately 400 unauthorized Nintendo game copies. The court summary says that offering those links amounted to communication to the public under Article 12 of the Dutch Copyright Act. The approximate count describes links in this case; it is not a statistic about piracy generally.
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Does the ruling ban MIG Switch cards throughout the Netherlands or Europe?
It is more precise to describe this as an injunction against the defendant, rather than a blanket ban on every MIG device. The reported order directs this trader, after service, to stop specified circumvention, copyright-infringing and Nintendo trademark-infringing conduct in the European Union. It is a court judgment in a Dutch case, not an EU-wide law or legislative ban. The published summary does not establish that every seller, device or possible use was adjudicated.
Nintendo had sent an initial demand and the defendant had stopped the activity, but the court considered an injunction necessary because there was no penalty-backed undertaking to refrain from repeating it.
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What penalties and other remedies did the court order?
The judgment summary reports the following financial consequences:
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstall| Order | Reported amount | What it applies to |
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| Penalty for breaching the specified prohibitions | €10,000 per day or part-day, capped at €500,000 | The injunctions concerning the specified circumvention, copyright and trademark conduct |
| Penalty for failing to disclose information | €5,000 per day or part-day, capped at €250,000 | The separate order to provide information |
| Legal costs | €22,051.90 | Reported awarded costs, including court, bailiff and post-judgment costs; the source says attorney costs were limited to €21,000 under the applicable schedule |
The information order covers suppliers, commercial contacts, customers, product quantities and gross profit. Damages were referred for assessment in separate proceedings; the summary does not give a final damages amount. These are figures reported in the judgment summary, not evidence of later collection or enforcement.
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What does Nintendo say about MIG Switch and similar devices?
Nintendo’s UK legal information page describes circumvention products as devices or software that bypass its security measures to make, modify or play unauthorized game files. It lists MIG Switch/MIG Flash and R4 Switch cartridges as examples. This is Nintendo’s description and consumer guidance; it is distinct from the Dutch court’s findings about this defendant and conduct. Nintendo UK’s legal information page also warns that unauthorized products may damage Nintendo products, that such damage is outside warranty coverage, and that users may lose online functionality or find that a console no longer works after a network update. Those are Nintendo’s stated risks, not outcomes quantified by independent testing in the reported case.
Nintendo Wire quoted Nintendo’s message to players as follows: “Nintendo’s message to players is to avoid purchasing or using circumvention devices, circumvention software or unauthorized copies of video games, as this increases the risk of interfering with the functionality and experience provided by authentic Nintendo game consoles, video games and systems.” Nintendo Wire’s report does not name an individual speaker.
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What happens to the seller now?
The reported order requires the defendant to stop the specified conduct after service and to provide the ordered business information. Penalties apply if the defendant breaches the prohibitions or fails to disclose the required information, subject to the stated caps. The court left damages to later assessment. The judgment was issued on 2 September 2026, and IE-Forum.nl published its report on 14 September 2026. The available reporting does not establish whether the judgment was appealed or modified by 7 October 2026, or what enforcement has occurred since.
Separately, GamesRadar reported Nintendo’s account that products ordered from websites targeting European consumers were delivered directly from Asia, primarily China. Nintendo named r4switch.nl, ther4card.com and r4switch.co.uk in its statement; that description is Nintendo’s account as reported by the outlet, not a finding about those websites in this judgment. GamesRadar’s report covers that statement.
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