Nintendo isn't done trying to take legal action against those trying to let users hack their Nintendo Switch consoles. They've filed yet another lawsuit recently against defendant Le Hoang Minh, who has been accused of selling devices that allow for the "circumvention of a technological protection measure that controls access to a copyrighted work and trafficking in devices intended to circumvent technological protection measures". Minh has, according to the legal documents, previously sold "jailbreak device" RCM Loader through Amazon, to which Nintendo issued a DMCA notice. The seller then filed a counter claim against Nintendo, and continued selling the device. Now, Nintendo is looking to sue for damages--a whopping maximum of $2,500 per violation--and to prevent Minh from being able to sell such products ever again.

Nintendo's lawyers claim that piracy has become a "serious, worsening international problem", to which the company has focused on taking action against, as seen in the numerous lawsuits and legal battles we've seen crop up in the past year. In May, Nintendo went after Tom Dilts Jr., owner of Uberchips, who was a reseller of SX OS and other Team Xecuter products. Team Xecuter themselves also ran into legal issues, with the FBI arresting two of their members last month.

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[Agusto101]

Nice try nintendo, it's literally impossible that any kind of piracy or modification are going to be stopped...it's just part of the world at this rate is like trying to normalize lgtb on the world hahaha.

 

[Clydefrosch]

an rcm loader isn't a piracy device or enables piracy the same way emulators aren't and don't.

nvidias shoddy bootrom enables piracy.

 

[wormdood]

It's funny how misinformed people are I read a few post on here saying that Nintendo isn't right for doing this because CFW does not equal piracy but as I've stated many times before and people keep ignoring you can't circumvent anti-piracy measures in place on a device that in itself is illegal regardless of your intended use (before anyone says apple phones are considered to be computers and as such follow different laws)

 

[comput3rus3r]

If Nintendo ever made a completely secure system it would fail miserably. Do they not know that the exploits on the switch is what makes it so popular?

 

[RHOPKINS13]

They won't. Only when it's apparent piracy was in any way blatantly promoted that they move. It's always been like that.

Exactly. That's why we need dongles advertised like that. I'm surprised they're even going against the RCM Loader, but as it comes bundled with SX OS at least they can say it has their copyrighted keys on it.

As long as there's a potential, non-infringing use, generally Nintendo stays out of it, at least lawsuit-wise. At least they have in the past.

 

[Skelletonike]

If Nintendo ever made a completely secure system it would fail miserably. Do they not know that the exploits on the switch is what makes it so popular?

It isn't. Far from it.

 

[PatrickD85]

Hmm RCM being available in general is where the fault is located. Not the users who then probe at it.
If they didn't make or leave it a vulnerability well there would not be any issue what so ever for them to circumvent in this regard,
So no, not on board with this one Nintendo.

 

[comput3rus3r]

It isn't. Far from it.

Says the self proclaimed anti piracy pervert... rofl

 

[Darth Meteos]

yeah, this isn't gonna work
nintendo can't go after people for modifying their devices
they can ban them from their servers, that's their prerogative, but this is overstepping by a lot

Says the self proclaimed anti piracy pervert... rofl

i agree that modification of the console attracts some unique buyers, but it's foolhardy to say that it's successful just because of piracy

 

[Julie_Pilgrim]

They aren’t gonna win this

 

[osaka35]

Did they learn nothing from their failed sueing of galoob?

 

[comput3rus3r]

yeah, this isn't gonna work
nintendo can't go after people for modifying their devices
they can ban them from their servers, that's their prerogative, but this is overstepping by a lot


i agree that modification of the console attracts some unique buyers, but it's foolhardy to say that it's successful just because of piracy

I didn't say just because, but just look at one of the most viewed threads in gbatemp history surpassing almost every other thread of any category and it has to do with sxos/atmos cheats. I wouldn't own 3 switches, pro controllers and 5 pairs of joycons if there was no CFW on the switch. Obviously the main reason nintendo is popular is it's first party games. but cfw also brings in a lot of attention.
sidenote. screw nintendo for the crappy joycons. 80 dollar price tag for 5 dollar hardware.

 

[CTR640]

I keep reading Nintendo won't win this and in the past Nintendo lost a case. Can someone enlighten me on this?

 

[Darth Meteos]

I didn't say just because, but just look at one of the most viewed threads in gbatemp history surpassing almost every other thread of any category and it has to do with sxos/atmos cheats. I wouldn't own 3 switches, pro controllers and 5 pairs of joycons if there was no CFW on the switch. Obviously the main reason nintendo is popular is it's first party games. but cfw also brings in a lot of attention.
sidenote. screw nintendo for the crappy joycons. 80 dollar price tag for 5 dollar hardware.

It is important to note that Switch enthusiasm is greatly increased over previous consoles, and the technologically literate is an expanding group by the year. It was to be expected that a console with such an interesting concept attracted this kind of attention.

 

[Rahkeesh]

I can't even imagine these posing a problem to Nintendo - what's the percentage of people that have V1 switches anyway??

~20 million minus ipatched so maybe 25%. Most of them aren't hacked but there is in fact a ton of them out there.

 

[godreborn]

well, Nintendo why don't you actually add some things to your os that actually creates an incentive to update and go legit (i.e. achievements, which some people like). I would try syncing them on official firmware if you're using cfw or whatever, so at least that's something. Nintendo, you're just being fucking lazy this gen. lack of features, constant ports, etc. at least do something!

 

[Rahkeesh]

I didn't say just because, but just look at one of the most viewed threads in gbatemp history surpassing almost every other thread of any category and it has to do with sxos/atmos cheats. I wouldn't own 3 switches, pro controllers and 5 pairs of joycons if there was no CFW on the switch. Obviously the main reason nintendo is popular is it's first party games. but cfw also brings in a lot of attention.
sidenote. screw nintendo for the crappy joycons. 80 dollar price tag for 5 dollar hardware.

GBATemp is 90% about console hacking, it shouldn't be surprising that popular threads here involve that. It is in no way representative of the market.

The real evidence is that the V2 Switch continues to break sales records and most people can barely buy let alone install the thing that makes CFW work on them. The scene here is extremely small compared to the normies that make Switch a success.

 

[godreborn]

funny thing is that some people are not legit due to the bs going with save files. I wouldn't be legit myself if not for cloud saving, but quite honestly, I don't have a lot of faith in that system sticking around. I've already lost all saves once, because my NAND got corrupted and I wasn't a member of nso yet. that sort of thing does piss me off.

 

[Clydefrosch]

It's funny how misinformed people are I read a few post on here saying that Nintendo isn't right for doing this because CFW does not equal piracy but as I've stated many times before and people keep ignoring you can't circumvent anti-piracy measures in place on a device that in itself is illegal regardless of your intended use (before anyone says apple phones are considered to be computers and as such follow different laws)

by my countries legislation, if an anti-piracy measure can be circumvented (and easily so), it inherently stops being an anti-piracy measure

 

[raxadian]

No matter what side you are in, selling a device specifically made to hack a console in Amazon?

How come Amazon isn't getting sued to?