A Dutch court has ordered a seller to stop offering MIG Switch cards and dumpers in the European Union, finding that the products circumvented Nintendo’s technical protections and enabled unauthorized copies of its games. The ruling is directed at the defendant and specified conduct; it is not a blanket worldwide ban on every MIG device or seller.
What did the Dutch court rule about MIG Switch cards?
The Hague District Court ruled on 2 September 2026 in case ECLI:NL:RBDHA:2026:25479. According to the judgment summary published by IE-Forum.nl on 14 September 2026, the defendant admitted offering and selling MIG Switch cards and MIG Switch dumpers from September through December 2024.
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The court found the conduct unlawful under Article 29a of the Dutch Copyright Act and held that it infringed Nintendo’s copyrights. The judgment summary says the products were intended to circumvent effective technical measures Nintendo had installed to prevent illegal copies of its protected games.
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The ruling also addressed Nintendo trademark use. The court found that displaying Nintendo marks while offering the MIG products infringed the company’s trademarks under Article 9(2)(a), (b) and (c) of the EU Trade Mark Regulation.
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What else was included in the case?
The case also concerned an “R4 Game List” and installation instructions. The court summary says the list linked to approximately 400 unauthorized Nintendo game copies and that making those links available amounted to communication to the public under Article 12 of the Dutch Copyright Act. The figure describes this case; it is not an estimate of piracy across the market.
Nintendo had sent an initial demand and the defendant stopped the activity. The court nevertheless considered injunctions appropriate because the defendant had not given a penalty-backed undertaking to refrain from doing it again.
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Are MIG Switch cards banned in the Netherlands or across Europe?
The reported order requires this defendant, after service, to stop specified circumvention, copyright-infringing and Nintendo trademark-infringing conduct in the European Union. It is a court order in a specific case, not an EU-wide law or evidence that every seller of every MIG device has been prohibited.
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What happens to the seller now?
The seller is subject to the reported injunction and information-disclosure order once the judgment is served. The court referred Nintendo’s damages claim for assessment in separate proceedings, so the summary does not establish a final damages amount. It reports legal costs of €22,051.90, including court, bailiff and post-judgment costs; the court limited the claimed attorney costs to €21,000 under the applicable schedule.
The inspected reporting does not establish whether the judgment was appealed or later modified by 7 October 2026. It also does not establish subsequent enforcement outcomes.
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What does Nintendo say about consumer risks?
Nintendo’s UK legal information page lists MIG Switch/MIG Flash and R4 Switch cartridges as examples of circumvention products, which it describes as devices or software that bypass Nintendo security measures to make, modify or play unauthorized game files. That is Nintendo’s consumer guidance, separate from the Dutch court’s findings in this case. See Nintendo’s legal information on circumvention devices and pirate games.
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Nintendo warns that unauthorized products may damage its products, that resulting damage is outside warranty coverage, and that users may lose online functionality or find a console no longer works after a network update. These are Nintendo’s warnings, not risks quantified by independent testing in the case materials.
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Nintendo Wire reproduced a statement from Nintendo urging players to avoid circumvention devices, software and unauthorized game copies, saying their use increases the risk of interfering with the functionality and experience of authentic Nintendo consoles, games and systems. The report does not identify an individual speaker. GamesRadar also reported Nintendo’s account that products ordered from websites targeting European consumers were shipped directly from Asia, primarily China, and named r4switch.nl, ther4card.com and r4switch.co.uk.
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