# Nintendo files lawsuit against Team Xecuter's Gary Bowser



## Rabbid4240 (Apr 17, 2021)




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## Silent_Gunner (Apr 17, 2021)

Man, Mario's dead, and now they're killing Bowser? Who's next? Princess Peach since there won't be anyone to kidnap or rescue her!?


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## The Real Jdbye (Apr 17, 2021)

That isn't that much money. I don't know how much they made from selling SX OS and hardware, but it's surely way more than this.


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## The Catboy (Apr 17, 2021)

I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.


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## AmandaRose (Apr 17, 2021)

Bowser VS Bowser. I predict whatever happens Bowser will win for once


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## MaxToTheMax (Apr 17, 2021)

Lilith Valentine said:


> I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.


The fucking judge is Yoshi. They bring in expert witness Toad.


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## Chary (Apr 17, 2021)

No kill like overkill. Nintendo loves to really stick it to anyone who crosses them, deserved or not.


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## WiiMiiSwitch (Apr 17, 2021)

Nintendo is just a joke


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## AmandaRose (Apr 17, 2021)

Lilith Valentine said:


> I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.


Magikoopa looks more like a lawyer than anyone else from the mario world.


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## Chary (Apr 17, 2021)

AmandaRose said:


> Bowser VS Bowser. I predict whatever happens Bowser will win for once


Bowser VS Giga Bowser


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## Seriel (Apr 17, 2021)

Chary said:


> Nintendo may even try to go after a cut of sales profit that Bowser got from selling SX chips.


This idea seems funny to me for some reason. I wonder how SX buyers would react to that news.

Also, I was searching for mentions of GBAtemp and found these gems:








I wonder if theres anything else I missed further up.


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## XDel (Apr 17, 2021)

In the mean time we will never see the Epstein files and those in high places that should be in prison will not be, and the little guy will. ALL IS PROPERTY, including us.


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## SkittleDash (Apr 17, 2021)

Nintendo just love shaking their dick in front of the courthouses.


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## Seliph (Apr 17, 2021)

"Deploy the Nintendo nuke"


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## FAST6191 (Apr 17, 2021)

Chary said:


> If you thought the arrest of some of Team Xecuter's group would be the end of things for the two sides, you'd be wrong.


Yeah a civil lawsuit, especially if they think they can recover some funds, often follows a criminal one, indeed a criminal case might be assisted with to get the info to properly do a civil lawsuit or indeed make them less of a flight risk (or possibly sort any extradition/jurisdiction woes). There was even a bit of a fad a while back of companies with goods being pirated getting evidence from criminal complaints and then using those in civil cases.


That said I am curious to see what laws Nintendo are going in for here. Probably should read the complaint but compared to most European countries, Japan an similar then the US is fairly hard to get such a case going on in.


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## Silent_Gunner (Apr 17, 2021)

MaxToTheMax said:


> The fucking judge is Yoshi. They bring in expert witness Toad.



And it's not Toad from the Mushroom Kingdom, it's this guy:


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## Flame (Apr 17, 2021)

Lilith Valentine said:


> I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.



kirby is named after a lawyer who helped Nintendo back in the day.

https://en.wikipedia.org/wiki/John_Kirby_(attorney)


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## Chary (Apr 17, 2021)

Seriel said:


> This idea seems funny to me for some reason. I wonder how SX buyers would react to that news.
> 
> Also, I was searching for mentions of GBAtemp and found these gems:
> I wonder if theres anything else I missed further up.


You'd think the big hotshot lawyers could manage to spell GBAtemp right :/


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## Deleted member 514389 (Apr 17, 2021)

Lilith Valentine said:


> I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.


personally I'm more of a Kirby guy....

I beat the dead horse...


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## CompSciOrBust (Apr 17, 2021)

> Gary Bowser was arrested last year alongside cohort Max Louarn, with the former having been extradited to the United States, and the latter still in custody in Canada


I'm pretty sure Max wasn't extradited, at least not yet. He's still active on Instagram.


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## FAST6191 (Apr 17, 2021)

Chary said:


> You'd think the big hotshot lawyers could manage to spell GBAtemp right :/


Does this mean when you get called to testify you can claim not to be a member of capital T gbatemp?


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## mspy (Apr 17, 2021)

So the guy was initially arrested not because Nintendo but because of some 'felony charges' ? Still it would not be surprised if those so called 'felony charges' were moved behind the scenes by the Nintendo ninjas.


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## CTR640 (Apr 17, 2021)

And not one single human on this planet thinks there is a sus in the court: Luigi!
If Bowser gets killed, it's time for Luigi to shine!


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## orangy57 (Apr 17, 2021)

I don't like Team Xecuter as much as the next guy, but I really hope that Nintendo loses (even though they obviously wont) since it'll be a massive W for modding law or whatever

I think Xecuter selling licenses for SXOS is going to be the specific thing which will cause them to lose the lawsuit though. I'd way rather see a non-shady company stuck fighting against Nintendo, since any losses in the whole court of law will cause judges to look negatively upon all hardmod salesfolks in the future


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## Deleted User (Apr 17, 2021)

... The logical flow of this would be to recoup any profit, including possible Sports Cars if any, and funnel that into whatever costs they incur for Joy-Con drift lawsuits.


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## Hells Malice (Apr 17, 2021)

That price seems extremely low considering how much they must've made from the SX, though i'd assume they WOULD go after the profits made from the SX.



WiiMiiSwitch said:


> Nintendo is just a joke



Hurrdurrr company protecting its property bad hurrdurrr

How can anyone actually be dumb enough to hold an opinion like this lmao
Be pirating scum like most of us but don't pretend you're on some high horse for theft. You're stealing thousands of hours of work developers put into making games. You're not on a horse, you're on a donkey dragging its belly through a swamp and you're hanging over the side with your mouth open.

Anyone trying to hide behind "they just enabled homebrew!!"
Gimme a break. SX was for piracy, we all know. No one actually uses homebrew anymore unless it's to enable piracy, or emulate consoles...to pirate previous gens.


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## Subtle Demise (Apr 17, 2021)

Flame said:


> kirby is named after a lawyer who helped Nintendo back in the day.
> 
> https://en.wikipedia.org/wiki/John_Kirby_(attorney)


I always thought he was named after the vacuum cleaner brand. That seemed sensible at the time


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## Sonic Angel Knight (Apr 17, 2021)

Chary said:


> It's Bowser VS Bowser, as Nintendo of America--and by extension Doug Bowser, has filed a lawsuit against TX's Gary Bowser.


Really? Maybe they just want to invite them over to play super smash bros. Find out who is the best Bowser. Personally, mirror matches are kinda boring, but I watch this one if I had the chance. Just no pay-per-view


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## Andy2001 (Apr 17, 2021)

Lmao, the final battle has begun!


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## CompSciOrBust (Apr 17, 2021)

Hells Malice said:


> That price seems extremely low considering how much they must've made from the SX, though i'd assume they WOULD go after the profits made from the SX.



Reading the document I think it's actually 150K per image of Nintendo's games posted on the xecuter websites. Plus the $2500 for the other stuff. It wouldn't make sense to sue Gary for less than what they sued Game_Over for.



> Hurrdurrr company protecting its property bad hurrdurrr
> 
> How can anyone actually be dumb enough to hold an opinion like this lmao
> Be pirating scum like most of us but don't pretend you're on some high horse for theft. You're stealing thousands of hours of work developers put into making games. You're not on a horse, you're on a donkey dragging its belly through a swamp and you're hanging over the side with your mouth open.
> ...



I know lots of people who use homebrew for non-piracy related stuff. I won't argue that SXOS is not targeted at pirates but the only reason I am able to develop homebrew now is because of the SX Core.


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## Bladexdsl (Apr 17, 2021)

nintendo ran out of people to sue so they are suing their own characters now!


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## GbaNober (Apr 17, 2021)

This is a mirror match


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## godreborn (Apr 17, 2021)

Flame said:


> kirby is named after a lawyer who helped Nintendo back in the day.
> 
> https://en.wikipedia.org/wiki/John_Kirby_(attorney)



one of my friends in the ps3 scene, who's no longer in the scene, his last name is Kirby, but I'm not sure, it may be spelled as Kerby.  pronounced the same way afaik though.

--------------------- MERGED ---------------------------

he's the only person in any scene that I have the phone number of, where we text each still to this day.


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## JaNDeRPeiCH (Apr 17, 2021)

AmandaRose said:


> Bowsette looks more like a lawyer than anyone else from the mario world.


 Fixed for the lols xD


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## Deleted User (Apr 17, 2021)

KAIJU FIGHT, FUCKING EPIC!


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## Deleted member 534570 (Apr 17, 2021)

Piracy will still live on in the archives.


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## Ericzander (Apr 17, 2021)

Nintendo is within their right to sue. 

They're also entitled to ask for those damages. 

Whether they'd be granted those damages if they win is a completely different story. I'm a criminal defense lawyer, not a civil lawyer, but I know that when you make a civil complaint you should almost always ask for the most you can get out of the defendant because the court can always grant you less than you ask but will rarely grant you more. 

The Big N would be foolish to ask for less than they did.


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## The Catboy (Apr 17, 2021)

Seriel said:


> This idea seems funny to me for some reason. I wonder how SX buyers would react to that news.
> 
> Also, I was searching for mentions of GBAtemp and found these gems:
> 
> ...


Oof, I wonder how this affect the Temp, if it does at all?


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## Xzi (Apr 17, 2021)

No items, final destination only, Bowser only.


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## MarkDarkness (Apr 17, 2021)

Nintendo should focus on fixing their defective, shameless, lawsuit-worthy controllers if they have the time in their hands to be doing this kind of thing. They claim it's a supplier problem. Serve the supplier a fucking lawsuit.


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## BitMasterPlus (Apr 17, 2021)

This'll be like the final fight in Mario & Luigi: Bowser's Inside Story, where it was Bowser vs. Dark Star Bowser.


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## HideoKojima (Apr 17, 2021)

We sued Nintendo for Joycon drift.


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## nekojosh (Apr 17, 2021)

Sonic Angel Knight said:


> Really? Maybe they just want to invite them over to play super smash bros. Find out who is the best Bowser. Personally, mirror matches are kinda boring, but I watch this one if I had the chance. Just no pay-per-view


Don't worry, it's Nintendo we are talking here, they don't know how online services work so there won't be any pay-per-view or the like.
They'll just port it to their platform and charge you a one time payment of $60, full retail price


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## Kioku_Dreams (Apr 17, 2021)

TX and Gary fucked up, but yeah, let's act like Nintendo is the villain here.


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## sloppycrap (Apr 17, 2021)

FAST6191 said:


> Does this mean when you get called to testify you can claim not to be a member of capital T gbatemp?



The law is case sensitive.  Works all the time.


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## UsherRova (Apr 17, 2021)

Memoir said:


> TX and Gary fucked up, but yeah, let's act like Nintendo is the villain here.



Would you be so kind as to explain what was their biggest mistake legally? I see SciresM is still safe etc, so can only wonder what's the difference


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## BlueFox gui (Apr 17, 2021)

just make funny hack without chip bruh


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## Smoker1 (Apr 17, 2021)

Love how American Greed is, don't you?


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## shadoom (Apr 17, 2021)

Imagine being extradited because of bing bing wahoo wtf


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## Deleted User (Apr 17, 2021)

So long, Gay Bowser!


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## Lumstar (Apr 17, 2021)

UsherRova said:


> Would you be so kind as to explain what was their biggest mistake legally? I see SciresM is still safe etc, so can only wonder what's the difference



Isn't this suit about publicly/openly selling a for-profit tool to enable piracy?


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## kcajjones (Apr 17, 2021)

I'm not saying that Nintendo is right or justified etc, but I'm all for a bit of piracy for my own entertainment/use but I do think that profiting from it is too far. People have to make a living and if the product was completely legal and on sale at high Street/amazon it would seriously hurt sales for software. If they had just marketed sxos as homebrew with a side effect of running pirate games...


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## shanefromoz (Apr 17, 2021)

They got a very very small part of the team. Team Executer will be back just laying low at the moment


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## fvig2001 (Apr 17, 2021)

I would live if they litigate him and sx os shadow drops new releases


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## DoctorBagPhD (Apr 18, 2021)

Anytime I see news like this it makes me mighty glad I've almost never given Nintendo money for anything since the early Wii era. Secondhand consoles and pirated games every time while putting my entertainment budget towards indy stuff, I don't regret a thing, their behaviour is disgusting,


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## Something whatever (Apr 18, 2021)

I used to think Nintendo was cool....


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## Xzi (Apr 18, 2021)

Something whatever said:


> I used to think Nintendo was cool....


Since when is any developer cool with people pirating their latest games?  Others might be less litigious than Nintendo, but that doesn't mean they're any less pissed about it when people manage to crack their DRM/hardware.


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## banjo2 (Apr 18, 2021)

If it were SEGA, they would've sent them consoles and uploaded all of their games to the internet for free. Nintendo really has gone downhill since Iwata passed and Reggie left.


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## I_AM_L_FORCE (Apr 18, 2021)

Chary said:


> No kill like overkill. Nintendo loves to really stick it to anyone who crosses them, deserved or not.


Bleh, SX deserves it after bricking devices repeatedly.


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## urherenow (Apr 18, 2021)

Not sure how/why so many posts in this thread revert to "SX must have made much more money...". Gary isn't a member or an owner of SX. He does marketing and shit. Of course whatever kickbacks he got pales in comparison to what the actual SX team made. With that said, the title "Team Xecuter's Gary Bowser" is retarded. He isn't a member of the SX team. Never was. Just a 3rd party making money by helping to sell the stuff...


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## I_AM_L_FORCE (Apr 18, 2021)

urherenow said:


> Not sure how/why so many posts in this thread revert to "SX must have made much more money...". Gary isn't a member or an owner of SX. He does marketing and shit. Of course whatever kickbacks he got pales in comparison to what the actual SX team made. With that said, the title "Team Xecuter's Gary Bowser" is retarded. He isn't a member of the SX team. Never was. Just a 3rd party...


If he's on their payroll to do work for them, he's therefore an employee of the company and not a third party.

This case will settle for an undisclosed amount after the headlines become enough to scare other would be importers/manufacturers/marketers.

This is what usually happens in American cases, anyway.

T. Law Student


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## Cylent1 (Apr 18, 2021)

I hope to hell someone figures out a way to untether hack all ninty consoles from here on out!
What are they gonna do?  come after us consumers next for having a hacked console?
NINTENDO DESERVES IT!


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## I_AM_L_FORCE (Apr 18, 2021)

Cylent1 said:


> I hope to hell someone figures out a way to untether hack all ninty consoles from here on out!
> NINTENDO DESERVES IT!


I'm sorry, but this idiot deserved to get sued. All he had to do was omit the piracy features and market it as a homebrew device, would have been legal in the United States then.


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## urherenow (Apr 18, 2021)

I_AM_L_FORCE said:


> If he's on their payroll to do work for them, he's therefore an employee of the company and not a third party.
> 
> This case will settle for an undisclosed amount after the headlines become enough to scare other would be importers/manufacturers/marketers.
> 
> ...


By that logic, every BestBuy and Gamestop is on the payroll of Sony, Nintendo, etc. Every Youtuber with monetized ads, is on the payroll of whatever company made the ads. No, sir. They get paid by clicks. Same as Gary. He never (to my knowledge) owned any stock or sold actual product. He spammed news and links to where you could buy it.


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## Cylent1 (Apr 18, 2021)

I_AM_L_FORCE said:


> I'm sorry, but this idiot deserved to get sued. All he had to do was omit the piracy features and market it as a homebrew device, would have been legal in the United States then.


It was NOT Gary's chips to be taking anything out of it.  Quit implying Gary is and was the mastermind behind all of this.


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## diggeloid (Apr 18, 2021)

From page 3:



> If a user already owns a _lawful_, properly-purchased Nintendo Switch game, the user can use the SX OS and accompanying features to turn that game into an _unlawful_ copy, which allows the user to share additional unauthorized copies with more users also using the SX OS on the Nintendo Switch



Interesting how Nintendo is referring to a copy of a game you own as "unlawful". I'm not a lawyer, so I don't know how this all works, but could this be an effort to classify all emulation as unlawful? So even if you own a game, a dumped ROM of the game is illegal by itself, even if you don't distribute it to anyone else.

These Team Xecuter people are 100% criminals and sumbags, but I'm concerned that this is going to go down as a blemish on legitimate (i.e. non-piracy) jailbreaking, homebrew, and emulation. Or that Nintendo is going to weaponize it to protect their software monopoly. We've all seen how much they love the DMCA.


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## Kioku_Dreams (Apr 18, 2021)

Cylent1 said:


> I hope to hell someone figures out a way to untether hack all ninty consoles from here on out!
> What are they gonna do?  come after us consumers next for having a hacked console?
> NINTENDO DESERVES IT!


I think you completely misunderstood why TX is in the situation they are. It's not about hacking the system. It's about SELLING a system made to intentionally circumvent DRM features and functionality to allow for illegitimately owned titles to be played on any given system.

I'm beginning to think that today's piracy advocates need to quit dropping out of school..

--------------------- MERGED ---------------------------



diggeloid said:


> From page 3:
> 
> 
> 
> ...



Backups are a gray area, and seemingly an area that most companies do not want to venture into. Technically, backing up your own personal copy for archival purposes can be perceived as completely and perfectly legal. It would take more time, money and effort for a company like Nintendo to persecute individual persons and attempt to prove their "library" is illegal than they care to deal with. They're going for the clear and easy strikes.


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## MikaDubbz (Apr 18, 2021)

If ya charge for modding tools and devices then really I don't know what ground you can hope to stand on. I'm a man that enjoys his flashcards and the like, but I'd be lying if I said that I couldn't comprehend why such a lawsuit would or could be brought forth. I totally get it.


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## linuxares (Apr 18, 2021)

Well they will seize control of all the websites. I guess the only way to activate your license now is either a new update from SX on a separate site or use the hacked version.


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## HinaNaru Cutie (Apr 18, 2021)

well, shite that was quick asf, not surprised nintenDONT is suing their own lmao, at this point, it's like a circus gone wild, i hope it crumbles down though. 
interesting to know this information of the guy being part of what the gbatemp folks we're doing....yikes??? eh.


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## Subtle Demise (Apr 18, 2021)

Memoir said:


> TX and Gary fucked up, but yeah, let's act like Nintendo is the villain here.


What did they do that lost Nintendo a provable amount of money? How are the "lOsT SAleS" calculated?


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## ShadowOne333 (Apr 18, 2021)

linuxares said:


> Well they will seize control of all the websites. I guess the only way to activate your license now is either a new update from SX on a separate site or use the hacked version.


Was there ever a hacked version?
Last I heard was that SX updated the payload quite fast to avoid the hacked version to remain relevant, but that's the last I knew.

is there some hacked version floating around of even the latest SX OS version?


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## mspy (Apr 18, 2021)

ShadowOne333 said:


> Was there ever a hacked version?
> Last I heard was that SX updated the payload quite fast to avoid the hacked version to remain relevant, but that's the last I knew.
> 
> is there some hacked version floating around of even the latest SX OS version?


I think it means this https://gbatemp.net/threads/hack-sxos.582831/


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## Cylent1 (Apr 18, 2021)

How do people run homebrew?  Isn't it by defeating the security on the console which is the same in Ninty's eyes as "illegal"  to do also?  Remember you don't even own the system or the games you buy according to them, let alone defeat the security on their intellectual property!


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## linuxares (Apr 18, 2021)

Cylent1 said:


> How do people run homebrew?  Isn't it by defeating the security on the console which is the same in Ninty's eyes as "illegal"  to do also?  Remember you don't even own the system or the games you buy according to them!


If you check, they do say SXOS is used for playing pirated games. That's what they mostly focused on taking them down on


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## ShadowOne333 (Apr 18, 2021)

Cylent1 said:


> How do people run homebrew?  Isn't it by defeating the security on the console which is the same in Ninty's eyes as "illegal"  to do also?  Remember you don't even own the system or the games you buy according to them!


It'll be interesting how this trial goes along.
For one, and correct me if I'm wrong, SX OS nor SX Core supply any kind of game included.
You get those from the "d4rk w3b".

Does the device enable piracy?
Sure, it does, but it doesn't include pirated content. The only thing I can see them going for would be the case of the keys the console has, which apparently do fall under copyrighted material from Nintendo.
But for pirated content, they don't include any... Do they?


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## pofehof (Apr 18, 2021)

diggeloid said:


> Interesting how Nintendo is referring to a copy of a game you own as "unlawful". I'm not a lawyer, so I don't know how this all works, but could this be an effort to classify all emulation as unlawful? So even if you own a game, a dumped ROM of the game is illegal by itself, even if you don't distribute it to anyone else.



This has been Nintendo's view for ages (at least, I recall since the 2000's). Whether they are right or not, we won't know until they sue someone for simply creating a backup of one of their own games.


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## diggeloid (Apr 18, 2021)

ShadowOne333 said:


> It'll be interesting how this trial goes along.
> For one, and correct me if I'm wrong, SX OS nor SX Core supply any kind of game included.
> You get those from the "d4rk w3b".



I don't think that technicality matters. They literally marketed the thing as a way to play pirated games, and they charged money for that privilege!



Subtle Demise said:


> What did they do that lost Nintendo a provable amount of money? How are the "lOsT SAleS" calculated?



How about the people who *paid money* to use it?


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## MyJoyConRunsHot (Apr 18, 2021)

It's not 2021 without a hint of real life satire in the headlines.


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## urherenow (Apr 18, 2021)

Memoir said:


> Backups are a gray area, and seemingly an area that most companies do want to venture into. Technically, backing up your own personal copy for archival purposes can be perceived as completely and perfectly legal. It would take more time, money and effort for a company like Nintendo to persecute individual persons and attempt to prove their "library" is illegal than they care to deal with. They're going for the clear and easy strikes.


While old e-shops and such get shut down, it can't be done. That justifies having a personal backup all on its own. Backups are not a grey area. They are legal. If they are YOUR backups, anyway. Section 117 of the Copyright Act covers such things. Some places outside of the US are even less restrictive on this matter.


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## ChibiMofo (Apr 18, 2021)

Let's see. Common criminals making a living by stealing others work versus a company that has given me a lifetime of enjoyment and seminal games. 
Oh yeah, it's tough to know who to root for here.


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## HenryTee (Apr 18, 2021)

just like MJ say, this is it..the end of era.


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## Kioku_Dreams (Apr 18, 2021)

urherenow said:


> While old e-shops and such get shut down, it can't be done. That justifies having a personal backup all on its own. Backups are not a grey area. They are legal. If they are YOUR backups, anyway. Section 117 of the Copyright Act covers such things. Some places outside of the US are even less restrictive on this matter.



Personal Backups themselves are legal, sure. Doesn't mean the whole concept surrounding them isn't a legal gray area when it comes to corporations and their persecution. I sincerely doubt that everyone here, or anyone here really, can prove their "backups" are ones they personally made.


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## DoubleDate (Apr 18, 2021)

I cant understand why people are jumping on the "Homebrew" bandwagon and using the sole fair use of "Backups" I mean if you bought your game and have a cartridge to play why bother to "Backup"? Just be fair to yourselfs, admit that pirating is a thing, dont trow it on the but but muh Homebrew or muh backups. Nintendo is just doing what is fair to them. People are mad at Nintendo for defending whats theirs. Its like you go to a car dealer, you take the car that you want and leave the store, and when they send the police to your home you get angry because you demanded to have it at all any cost without giving any penny, or that you go to the grocery store, you grab a can of soda and leave without paying. Everything has consequences. Game companies are not working hours and pouring money into a project for people just to steal it.


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## pofehof (Apr 18, 2021)

urherenow said:


> While old e-shops and such get shut down, it can't be done. That justifies having a personal backup all on its own. Backups are not a grey area. They are legal. If they are YOUR backups, anyway. Section 117 of the Copyright Act covers such things. Some places outside of the US are even less restrictive on this matter.



This video actually explains why Section 117 doesn't completely cover backups (skip to 4:19 if it doesn't automatically do that):



Where other sections of the chapter have been used against the DoctorV64 in court. DMCA in 2003 helped us being allowing us to bypass security for backup purposes, but it seems that expired in 2010. This is why until there is another court case where Nintendo (or another company) goes after someone who solely dumped games, this is a legal gray area.


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## xs4all (Apr 18, 2021)

Saying it here first, this is a ploy to pave way for a new Phoenix Wright: Ace Attorney game.

You guessed it, *Phoenix Wright: Ace Attorney - Bowser Vs Bowser*


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## TheZander (Apr 18, 2021)

It's easy to see where these guys made their mistake. Back in the day there was this message you could tag to the description of whatever hacky device you were selling.

I'm not sure if i should be giving this away but if they had said "We do not condone the use of piracy with our device" the courts would have nothing on them. Since they didn't explicitly state they do not condone it they were done for. 

Also community engagement was abysmal over there. Probably doesn't have anything to do with Nintendo pressing charges but it was a forum that went dormant in 2008 that got a paper mario skin. 

I don't know if there are any other sure fire law loop holes you can use at this point. There is a slight chance they could make use of the Galaga defense but you'd have to make a very comprehensive correlation between coin door glitching and switch modchip.


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## MikaDubbz (Apr 18, 2021)

Subtle Demise said:


> What did they do that lost Nintendo a provable amount of money? How are the "lOsT SAleS" calculated?



A crime is a crime is a crime. Whether there are victims or not doesn't make it any more or less excusable.


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## Kioku_Dreams (Apr 18, 2021)

Subtle Demise said:


> What did they do that lost Nintendo a provable amount of money? How are the "lOsT SAleS" calculated?


Do you really get to gatekeep crimes now? They broke the law, regardless of how you personally feel about the subject.


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## mangaTom (Apr 18, 2021)

I know I might sound like a broken record but I wish Nintendo was this active regarding the joycon drift. If they can shell out tons of money in court cases, surely they can sell better joysticks right?


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## ShadowOne333 (Apr 18, 2021)

mangaTom said:


> I know I might sound like a broken record but I wish Nintendo was this active regarding the joycon drift. If they can shell out tons of money in court cases, surely they can sell better joysticks right?


If they put half of this effort into a proper online structure, a legal ROM shop ala Steam of all their back catalog and actually listen to fan demands now and then instead of being the pedantic assholes they are, a whole other story this would be.


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## Bladexdsl (Apr 18, 2021)

so bowsers first name is GARY huh. just as marios first name is mario


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## PiracyForTheMasses (Apr 18, 2021)

Not sure why USA is even getting involved when Nintendo is a Japanese owned business. Nintendo of America is a Japanese owned business. Japan needs to take legal action, not USA. USA resources need not go to such stupid foreign problems.


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## Ethelmord (Apr 18, 2021)

They may have won a battle against Piracy but they'll never win the war.


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## Purple_Shyguy (Apr 18, 2021)

So about that TXOS update.......


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## shanefromoz (Apr 18, 2021)

Nintendo will never stop Team Executer.
They are in China and hidden far from Nintendos reach


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## Bladexdsl (Apr 18, 2021)




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## mr allen (Apr 18, 2021)

Memoir said:


> Do you really get to gatekeep crimes now? They broke the law, regardless of how you personally feel about the subject.


That's how civil suits work, yes. You don't get any amount of money because X law was broken, you need to show how much money was actually lost.


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## I_AM_L_FORCE (Apr 18, 2021)

urherenow said:


> By that logic, every BestBuy and Gamestop is on the payroll of Sony, Nintendo, etc. Every Youtuber with monetized ads, is on the payroll of whatever company made the ads. No, sir. They get paid by clicks. Same as Gary. He never (to my knowledge) owned any stock or sold actual product. He spammed news and links to where you could buy it.


To that end, you're telling me a reporter for CNN or the BBC doesn't work for CNN/BBC? Give me a break.


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## Foxi4 (Apr 18, 2021)

I_AM_L_FORCE said:


> To that end, you're telling me a reporter for CNN or the BBC doesn't work for CNN/BBC? Give me a break.


In all fairness, the concept of an independent contractor isn't an alien one. You can run PR on behalf of a company and be paid for said service, but not be a part of the PR department. If you want a more news-related analogy, news organisations hire writers all the time - they're often hired to write specific pieces and that's that. They're not permanent employees and they're not part of the company structure, nor do they "own" any part of it.


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## I_AM_L_FORCE (Apr 18, 2021)

Cylent1 said:


> It was NOT Gary's chips to be taking anything out of it.  Quit implying Gary is and was the mastermind behind all of this.


All the SX shills are coming out today, with clearly no understanding of the law. Gary happened to be a public face of sX whilst also being on their payroll and therefore their employee, and while residing in North America. Doesn't take a genius.

--------------------- MERGED ---------------------------



Foxi4 said:


> In all fairness, the concept of an independent contractor isn't an alien one. You can run PR on behalf of a company and be paid for said service, but not be a part of the PR department.


Sure, that's true but since it was a criminal operation in the first place Gary was still aiding in trafficking illegal goods.

"No judge, I just happened to be a spokesperson for the Cartel trafficking Black Tar Heroin"


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## Xerion (Apr 18, 2021)

SexySpai said:


>


Beat me to it


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## 89trees (Apr 18, 2021)

So long, Gary Bowser


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## ital (Apr 18, 2021)

The insanity of not one but two people being called Bowser being linked with Nintendo is all the proof you need we're living in a simulation because obviously the programmer is having a good laugh with a wink and nudge like this.


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## modrobert (Apr 18, 2021)

Gary can sue Nintendo for using his family name as one of their characters.

The strangest part about this indictment/lawsuit is that none of the indicted are US citizens, and they didn't run their business in USA. The only charge that remotely seems possible to use as grounds for extradition is "money laundering", which seems to lack in the evidence department after reading the original indictment.

To quote the statement at:
https://www.justice.gov/opa/pr/two-members-notorious-videogame-piracy-group-team-xecuter-custody



> The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.




Also, for those who happily side with Nintendo in this matter, keep in mind if Nintendo win this case it can be used as reference for new indictments, then it will not matter what country you are in, you can be charged under US law without any protection from domestic law in your own country. For example, a website like gbatemp.net could be indicted under the DMCA which is US law.


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## MikaDubbz (Apr 18, 2021)

I'd say it's more like drugs coming in from other countries. An illegal product getting past the borders, not being manufactured by the US. Again, I totally get it.


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## DuoForce (Apr 18, 2021)

The Battle of the Bowsers


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## I_AM_L_FORCE (Apr 18, 2021)

modrobert said:


> Gary can sue Nintendo for using his family name as one of their characters.
> 
> The strangest part about this indictment/lawsuit is that none of the indicted are US citizens, and they didn't run their business in USA. The only charge that remotely seems possible to use as grounds for extradition is "money laundering", which seems to lack in the evidence department after reading the original indictment.
> 
> ...


Not how the law works. That's like saying that the European Union could charge an American under the GDPR and have them extradited to Belgium, it would never happen lol.


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## Plasmaster09 (Apr 18, 2021)

Lilith Valentine said:


> I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.


nah they need to hire a Kirby as their lawyer just like old times


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## pofehof (Apr 18, 2021)

modrobert said:


> Gary can sue Nintendo for using his family name as one of their characters.



lol, no they can't. One family doesn't own the rights to a name.


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## Bladexdsl (Apr 18, 2021)

pofehof said:


> lol, no they can't. One family doesn't own the rights to a name.


he could say that using his name has caused him grief and humiliation that shit always works


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## sorabora (Apr 18, 2021)

modrobert said:


> Gary can sue Nintendo for using his family name as one of their characters.
> 
> The strangest part about this indictment/lawsuit is that none of the indicted are US citizens, and they didn't run their business in USA. The only charge that remotely seems possible to use as grounds for extradition is "money laundering", which seems to lack in the evidence department after reading the original indictment.
> 
> ...



You're confusing criminal charges by the federal government with civil charges by a corporation.  The former can result in fines and imprisonment. The latter can result in various remedies, none of which involve prison.


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## K3N1 (Apr 18, 2021)

I hope the judge hits the hammer 3 times.


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## chrisrlink (Apr 18, 2021)

funny how Nintendo can sue us when we wrong them but when they wrong us their protected by arbitration i call foul and it just isn't nintendo any company is protected MS,Sony etc


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## Ericzander (Apr 18, 2021)

I_AM_L_FORCE said:


> All the SX shills are coming out today, with clearly no understanding of the law. Gary happened to be a public face of sX whilst also being on their payroll and therefore their employee, and while residing in North America. Doesn't take a genius.


Gary didn't live in the USA. He was extradicted to America from the Dominican Republic last year on felony charges. But now that he's here, the court has personal jurisdiction over him for this civil case.



chrisrlink said:


> funny how Nintendo can sue us when we wrong them but when they wrong us their protected by arbitration i call foul and it just isn't nintendo any company is protected MS,Sony etc


Arbitration clauses aren't always as iron clad as some companies would have you believe. If you had a legitimate claim against Nintendo and a decent lawyer, you may be able to get around the arbitration requirement.


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## raxadian (Apr 18, 2021)

Good thing my Switch is an old model and so can be hacked without a chip.


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## Ishzark (Apr 18, 2021)

Bowser vs Bowser? That's a good story

well one thing for sure: Bowser won't be happy for a long time, they will make him take responsibility for the damage he indirectly created

it's the same thing with pirating a movie: when they get you you ain't gonna be happy.


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## gnmmarechal (Apr 18, 2021)

Pog this Bowser v Bowser thing is actually hilarious


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## chrisrlink (Apr 18, 2021)

you'd think gary would be smart enough to pick from this list if he was doin illegal shit by US laws

Afghanistan
Algeria
Andorra
Angola
Armenia
Azerbaijan
Bahrain
Bangladesh
Belarus
Benin
Botswana
Brunei
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Central African Republic
Chad

China
Comoros
Congo
Djibouti
East Timor
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Georgia
Guinea
Guinea-Bissau
Indonesia
Ivory Coast
Kazakhstan
Kuwait
Kyrgyzstan
Laos
Lebanon

Libya
Madagascar
Maldives
Mali
Mauritania
Moldova
Mongolia
Morocco
Mozambique
Namibia
Nepal
Niger
Oman
Qatar
Russia
Rwanda
Samoa
São Tomé & Príncipe
Saudi Arabia

Senegal
Solomon Islands
Somalia
South Sudan
Sudan
Taiwan
Tajikistan
Togo
Tunisia
Turkmenistan
Uganda
Ukraine
UAE
Uzbekistan
Vanuatu
Vatican City
Vietnam
Yemen


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## Julie_Pilgrim (Apr 18, 2021)

Hells Malice said:


> No one actually uses homebrew anymore unless it's to enable piracy, or emulate consoles...to pirate previous gens.


No, but *checks notes* themes, or something


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## Cylent1 (Apr 18, 2021)

Are the keys that nintendo and half the people are claiming that is illegal to sell,  are they installed on the chip or in the free downloadable boot.dat?


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## Julie_Pilgrim (Apr 18, 2021)

Lilith Valentine said:


> I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.


They are going to resurrect john kirby


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## JaNDeRPeiCH (Apr 18, 2021)

DoubleDate said:


> I cant understand why people are jumping on the "Homebrew" bandwagon and using the sole fair use of "Backups" I mean if you bought your game and have a cartridge to play why bother to "Backup"? Just be fair to yourselfs, admit that pirating is a thing, dont trow it on the but but muh Homebrew or muh backups. Nintendo is just doing what is fair to them. People are mad at Nintendo for defending whats theirs. Its like you go to a car dealer, you take the car that you want and leave the store, and when they send the police to your home you get angry because you demanded to have it at all any cost without giving any penny, or that you go to the grocery store, you grab a can of soda and leave without paying. Everything has consequences. Game companies are not working hours and pouring money into a project for people just to steal it.



I dont want be the devil lawyer here,but piracy its a solution to some cases. For example hardware failure all the 3ds smash bros cartridge games,its a fact those carts have serious issues.


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## linuxares (Apr 18, 2021)

chrisrlink said:


> you'd think gary would be smart enough to pick from this list if he was doin illegal shit by US laws
> 
> Afghanistan
> Algeria
> ...


Maybe he wasn't paying for attention about it in 2016. When the US and the Dominican Republic signed a extradite agreement.


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## boombox (Apr 18, 2021)

Nintendo became so boring when Bowser came along. All you hear about are law suits, and he never appears in any announcement videos. Bring back Reggie - My body is ready.


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## smf (Apr 18, 2021)

Cylent1 said:


> Are the keys that nintendo and half the people are claiming that is illegal to sell,  are they installed on the chip or in the free downloadable boot.dat?



Distributing for free is illegal too. Coupled with the cart, which they give you instructions on how to bypass DRM by downloading their "free" boot.dat, which by the way requires a paid license to operate and also contains more copyright violations than the keys because of how some of it was coded.

Plus the subscription service they offered for downloading illegal game content.

They are kinda screwed every which way. If they don't plea out then I'll be interested in how they try to argue out of it.


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## the_randomizer (Apr 18, 2021)

Aww, poor Nintendo, they must be hurting so bad from piracy


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## Vila_ (Apr 18, 2021)

40% "nintendo bad"
40% "piracy is piracy"
20% "hahaha Bowser v. Bowser"


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## Arilys (Apr 19, 2021)

boombox said:


> Nintendo became so boring when Bowser came along. All you hear about are law suits, and he never appears in any announcement videos. Bring back Reggie - My body is ready.


I mean, he did work at EA from 2007 to 2015, so no wonder he's a borefest.


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## aos10 (Apr 19, 2021)

chrisrlink said:


> you'd think gary would be smart enough to pick from this list if he was doin illegal shit by US laws
> 
> Afghanistan
> Algeria
> ...


Not anymore in Saudi Arabia, they made new law against piracy and selling them.
Also good luck in Syria, there is no electricity there, my relatives live there (what left of them) and the electricity only come from 6pm to 10PM from special line that can provide 1Amp for each house.


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## thesjaakspoiler (Apr 19, 2021)

Nintendo will turn to Bowser during the trial  and say "All you base belong to us".
Bowser will turn to the judge and say "Up, Up, Down, Down, Left, Right, Left, Right, B, A.".
Judge will dismiss the case.
It's like going after all knife manufacturers because someone got stabbed.


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## chrisrlink (Apr 19, 2021)

he should've ran to russia I'm pretty sure putin would like his talent as a hacker


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## TomSwitch (Apr 19, 2021)

AmandaRose said:


> Bowser VS Bowser. I predict whatever happens Bowser will win for once


I bet overall Bowser win more often than Mario in all their encounters. In all games the bad guy normally win more often that the good guy. It's call grind.


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## Deleted User (Apr 19, 2021)

Plot twist: Gary is Dougs son, and they team up to kill Mario.


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## Crazynoob458 (Apr 19, 2021)

this feels like walking into a bunch of people arguing about politics


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## I_AM_L_FORCE (Apr 19, 2021)

aos10 said:


> Not anymore in Saudi Arabia, they made new law against piracy and selling them.
> Also good luck in Syria, there is no electricity there, my relatives live there (what left of them) and the electricity only come from 6pm to 10PM from special line that can provide 1Amp for each house.


Out of the countries on the list it would make sense not to choose warzones, undeveloped countries or countries with strict religious laws. 

China, Russia, Ukraine,Taiwan and Vietnam would be my list


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## Skelletonike (Apr 19, 2021)

I_AM_L_FORCE said:


> Out of the countries on the list it would make sense not to choose warzones, undeveloped countries or countries with strict religious laws.
> 
> China, Russia, Ukraine,Taiwan and Vietnam would be my list



China is now selling Nintendo devices and games, if it brings them profit, they will make it hard for you:

http://www.chinaipmagazine.com/en/news-show.asp?id=11710

--


Anyway, in case it's not obvious, I hate piracy. 
When I was young I used to pirate a lot and that pretty much killed my interest in games.
I have no issues with homebrew (although I won't use such a thing until a system starts dying out), but in this case team xecuter pushed things too far. Advertising piracy among other stuff they did was too much. 

They deserve whatever happens, although sadly, they didnt get most of the members.


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## Bladexdsl (Apr 19, 2021)

Crazynoob458 said:


> this feels like walking into a bunch of people arguing about politics


it's pretty much how every thread turns into now on the temp


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## shanefromoz (Apr 19, 2021)

Bladexdsl said:


> it's pretty much how every thread turns into now on the temp


Becuase moderators or admin dont take control


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## smallissue (Apr 19, 2021)

Crazynoob458 said:


> this feels like walking into a bunch of people arguing about politics


this thread was a ride


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## delete12345 (Apr 19, 2021)

Shalashaska98 said:


> We sued Nintendo for Joycon drift.


DId you forget the judge threw the case into arbitration, meaning nothing will happen for the joycons?


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## smf (Apr 19, 2021)

the_randomizer said:


> Aww, poor Nintendo, they must be hurting so bad from piracy



I'm pretty sure that would be a terrible defense strategy (not legal advice).


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## HideoKojima (Apr 19, 2021)

delete12345 said:


> DId you forget the judge threw the case into arbitration, meaning nothing will happen for the joycons?


There are more lawsuits, one in canada I guess. Point is Ninty ain't perfect.


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## aos10 (Apr 20, 2021)

I_AM_L_FORCE said:


> Out of the countries on the list it would make sense not to choose warzones, undeveloped countries or countries with strict religious laws.
> 
> China, Russia, Ukraine,Taiwan and Vietnam would be my list


China also not good anymore, Nintendo is shutting down many places in China that sells The R4.


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## Julie_Pilgrim (Apr 20, 2021)

Seriel said:


> This idea seems funny to me for some reason. I wonder how SX buyers would react to that news.
> 
> Also, I was searching for mentions of GBAtemp and found these gems:
> 
> ...


I cant see the image


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## banjo2 (Apr 20, 2021)

I love the way this looks, for some reason


 

Also, anyone else notice this?


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## Julie_Pilgrim (Apr 20, 2021)

banjo2 said:


> I love the way this looks, for some reason
> View attachment 259281
> 
> Also, anyone else notice this?
> ...


Doug bowser is mr stuff confirmed???


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## I_AM_L_FORCE (Apr 20, 2021)

aos10 said:


> China also not good anymore, Nintendo is shutting down many places in China that sells The R4.


Taiwan it is!


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## Seriel (Apr 20, 2021)

Scott_pilgrim said:


> I cant see the image


I hosted it on Discord because the file uploader was being wonky


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## urherenow (Apr 20, 2021)

I_AM_L_FORCE said:


> To that end, you're telling me a reporter for CNN or the BBC doesn't work for CNN/BBC? Give me a break.


Don't be so obtuse. Reporters are directly on their payroll, and answer to their HR. CNN is not an employee of Nike, but they get paid by Nike every time they show a commercial, now don't they?


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## I_AM_L_FORCE (Apr 20, 2021)

urherenow said:


> Don't be so obtuse. Reporters are directly on their payroll, and answer to their HR. CNN is not an employee of Nike, but they get paid by Nike every time they show a commercial, now don't they?


CNN in that instance is a platform for advertiser's. It would be hard to equate Garyopa to a platform in & of himself

Just admit it, he's their fucking employee lol. Everyone can see this.


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## urherenow (Apr 21, 2021)

I_AM_L_FORCE said:


> CNN in that instance is a platform for advertiser's. It would be hard to equate Garyopa to a platform in & of himself
> 
> Just admit it, he's their fucking employee lol. Everyone can see this.


Nope. He advertises all kinds of products on his site. Not just stuff from SX. Of course that site was taken down so I can't provide screenshots. You could almost call him a retailer, but he never personally touched/shipped/sold any of the things. He got paid from the various companies based on who clicked on advertisements, and who purchased said company's products via link from his site.


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## I_AM_L_FORCE (Apr 21, 2021)

urherenow said:


> Nope. He advertises all kinds of products on his site. Not just stuff from SX. Of course that site was taken down so I can't provide screenshots. You could almost call him a retailer, but he never personally touched/shipped/sold any of the things. He got paid from the various companies based on who clicked on advertisements, and who purchased said company's products via link from his site.


This wouldn't stand in any court I know about. In any case, he trafficked or helped to traffick illegal goods.


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## urherenow (Apr 21, 2021)

I_AM_L_FORCE said:


> In any case, he trafficked or helped to traffick illegal goods.


Yes. I agree with this.

I just haven't personally seen evidence that he is a "member" of that specific team. He promoted much more than just SX stuff. In his current situation, he would have to take the 5th without using this fact as an argument though (as if not being an SX member would make him less guilty of the charges anyway...), so I'll never be proven right, I guess.


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