At that time, Daly agreed "both verbally and in signed writing" to refrain from these infringing sales, according to Nintendo. It was only after months of Daly continuing those sales and largely ignoring further contact from Nintendo that the company says it was forced to file its June lawsuit in a Seattle federal court.

if that's the case, I can't see it going well for him...

Heck, he'd probably have been fine if he just stopped selling cards with roms preinstalled, but kept the normal modding stuff up