Nintendo is requesting $4.5 million in damages from a Reddit moderator

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Nintendo is going after more people who were involved in distributing Nintendo Switch warez and popularizing it on Reddit. A moderator, "Archbox", of the r/switchpiracy subreddit, is being sued by Nintendo for copyright infringement through distributing and hosting pirated Switch games. According to the court document, Nintendo attempted to reach out multiple times to the defendant, named James Williams, to get them to stop hosting "pirate shops" that would allow for seamless illegal game downloads from the Nintendo Switch console directly. Williams also requested user donations to help pay for the costs of hosting the illegal warez. Allegedly, after Nintendo reached out a final time with a cease and desist order, Williams stated a legal counsel would be in contact imminently, to which Nintendo claims never happened.

As a result, Nintendo is seeking $4.5 million dollars ($150,000 per infringement) from Williams in damages to their brand, as he was willfully breaking the law with "reckless abandon".

:arrow: Source
 
problem is that most services require 2fa nowadays or some linking that you have to create everything together and really have a solid plan to remain anonymous. VPN means nothing if reddit email is tied to email that has phone authentication. most people are not smart enough to think through the phone and 2fa stuff to truly anonymize themselves.

a cell phone = towers and there are many ways to play wheres waldo in todays world to slowly pin the needle on the donkey.

because of the way i comment i have people tell me personal facts that somehow get datamined all the time. some people have already built a culture with doxxing etc where staying anonymous isnt really possible if u are targeted and most people just become afraid to speak or do things because they become targets.

like it or not one of the defining traits of americans are that they are free enough to say no to criminal ideas like patents etc and flex the concept of freedom even if its just a concept and not real. i dont call these people idiots. they usually know they are going to get caught. they just dont care because the world is shit.

im not going to hate on this guy. id rather hate on the shitty world that made it to where nintendo even does stuff like this. corporations have brainwashed many of you.

ill finish my rant with there was a time where people didnt use money as form of transfer. aztec and other communities thrived. were the dog eat dog evil humans. were not the good humans those are extinct for the most part.
Mail Mullvad some cash. It's really not that hard.
 
Mail Mullvad some cash. It's really not that hard.
if u think thats all it takes its not even worth my time talking to people like u. does that stop the average tracker etc yes. will that stop snooping to where they couldnt find out who this guy was lol not even close. if he listened to ur advice hed be in the exact same place. he shouldnt of been asking for donations or collecting them. once that he did that doesnt matter where else he tried to hide himself. hes been found even if he was doing it all through ur simpleton method. no one is stopping government or lawyers from finding people nowadays. lawyers will find you. they have tons of illegal tools to do so.

if you dont want to get wrecked so bad dont make a one line reply and maybe put some depth into it?
 
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if u think thats all it takes its not even worth my time talking to people like u. does that stop the average tracker etc yes. will that stop snooping to where they couldnt find out who this guy was lol not even close. if he listened to ur advice hed be in the exact same place. he shouldnt of been asking for donations or collecting them. once that he did that doesnt matter where else he tried to hide himself. hes been found even if he was doing it all through ur simpleton method. no one is stopping government or lawyers from finding people nowadays. lawyers will find you. they have tons of illegal tools to do so.

if you dont want to get wrecked so bad dont make a one line reply and maybe put some depth into it?
Except the government can't track you in this case because, well, Mullvad doesn't keep logs and there's nothing even connecting him to his VPN sub as it was paid for in cash. No one is saying asking for donations was smart - Yuzu got fucked because of this exact thing.

Not giving out your phone number for emails, accounts, etc. is just common sense - you should not be doing anything online if you think otherwise.

If you don't want to make dumb comments, maybe use some of your brain next time while reading?
 
Last edited by yankii,
to all the Nintendo haters,

They make the games you like to play, and you aren't suppose to pirate them for free.

I find it laughable that we got all these anti-Nintendo folk here and then they turn around and load up a Mario game on their console. rofl. You guys realize that takes a team of people to create right. lol lol.
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to all the Nintendo haters,

They make the games you like to play, and you aren't suppose to pirate them for free.

I find it laughable that we got all these anti-Nintendo folk here and then they turn around and load up a Mario game on their console. rofl. You guys realize that takes a team of people to create right. lol lol.
 
And you can't explain why the US Copyright Office is wrong dispute being the authority on what is and isn't and making it very clear how it works because I guess The US Government is just not allowed to use the legal systems it invented in it's own nation and it's always been like that :rofl2:.
You can neither process what I write or what the US Copyright Office rights... That or imagine arguing in such bad faith that you pretend something else is written.
 
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if u think thats all it takes its not even worth my time talking to people like u. does that stop the average tracker etc yes. will that stop snooping to where they couldnt find out who this guy was lol not even close. if he listened to ur advice hed be in the exact same place. he shouldnt of been asking for donations or collecting them. once that he did that doesnt matter where else he tried to hide himself. hes been found even if he was doing it all through ur simpleton method. no one is stopping government or lawyers from finding people nowadays. lawyers will find you. they have tons of illegal tools to do so.

if you dont want to get wrecked so bad dont make a one line reply and maybe put some depth into it?
I hear that, even if you pay in cash, you're still connecting through your ISP, so there's no real benefit. Is that true?

I have no VPN experience, but I'd like to jump back on here with a sockpuppet to thumbs up every post I make.

TL;DR: No one will suspect a thing.
 
to all the Nintendo haters,

They make the games you like to play, and you aren't suppose to pirate them for free.

I find it laughable that we got all these anti-Nintendo folk here and then they turn around and load up a Mario game on their console. rofl. You guys realize that takes a team of people to create right. lol lol.
Despite being part of this board since 2020, welcome to GBAtemp.
 
I hope Nintendo don't get any money. They don't deserve it for their greedy ass practices. Though I have to admit that paying to host these things was pretty stupid.
 
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to all the Nintendo haters,

They make the games you like to play, and you aren't suppose to pirate them for free.

I find it laughable that we got all these anti-Nintendo folk here and then they turn around and load up a Mario game on their console. rofl. You guys realize that takes a team of people to create right. lol lol.
to all the Nintendo sheep,

They make the same games over and over you like to pay for again and again, and you are suppose to pirate them for free.

I find it laughable that we got all these Nintendo sheep here defending a company that has turned despicable and more anti-consumer than apple, EA and ubisoft altogether now and then they turn around and criticize people for pirating their shit. rofl. You guys realize that takes a a few people to re-hash the same shit again and again right. lol lol.
 
Last edited by Bladexdsl,
You can neither process what I write or what the US Copyright Office rights... That or imagine arguing in such bad faith that you pretend something else is written.
So instead of actually trying to argue why I or the US Copyright Office (a definitive source I listed) is wrong.... you're actively trying to insist you're right with no level of nuance or proof.

Also, US Code § 1498 exists, specifically section B where you can sue the government for copyright infingement, but all you can get is monatary damage, so it's not like they'd even benefit from winning besides the aforementioned destruction of Fair Use Laws BUT, there isn't much law say that something like a meme made by a fed working for the government, there's a chance it would be classed under work product and gets exempt since they can't have copyright over that in the same way as an IP.

So now, please tell me how the Fair Use law, US Codes, and even work product doctrines that literally dictate how the rules of copyright works in the US somehow doesn't count for a pro-ICE meme some bored fed made that got sent through an official Government twitter account?
 
So instead of actually trying to argue why I or the US Copyright Office (a definitive source I listed) is wrong.... you're actively trying to insist you're right with no level of nuance or proof.

Also, US Code § 1498 exists, specifically section B where you can sue the government for copyright infingement, but all you can get is monatary damage, so it's not like they'd even benefit from winning besides the aforementioned destruction of Fair Use Laws BUT, there isn't much law say that something like a meme made by a fed working for the government, there's a chance it would be classed under work product and gets exempt since they can't have copyright over that in the same way as an IP.

So now, please tell me how the Fair Use law, US Codes, and even work product doctrines that literally dictate how the rules of copyright works in the US somehow doesn't count for a pro-ICE meme some bored fed made that got sent through an official Government twitter account?

Sigh...

107. Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

None of the above

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

Not educational use, not transformative.

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole;

They rip a full 1 minute of the song. Go try and publish a full minute of a popular song on Youtube ans see how long it will last you.

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Association of the brand with human kidnapping and concentration camps.
 
None of the above
I'm guessing you're using the same website I cited, and let's do some looking, shall we?


such as​

The terms “including” and “such as” are illustrative and not limitative.

Source: "Such As" and "Including" as defined by 17 USC § 101,


It's almost like they are examples for such things that Fair Use can cover because not everything that it could cover has to be listed all at once, one such example being propaganda.
Not educational use, not transformative.
So Editing a kids anime theme song about catching creatures and fighting with them into propaganda involving "human kidnapping and concentration camps ." (Your words not mine) with some clips from the anime's opening to enforce the "Catching them all" plus the mock trading cards isn't "transformative"?, By this logic, any meme that is just an image or video snippet with Impact font or those white top border with black text isn't fair use ethier.

It's also non-profit since being by the government, there's no reason to push it out for profit when you can literally print money.

What does transformative even mean, anyways?


transformative (adjective)​

"causing or able to cause an important and lasting change in someone or something"

Source: Webster's Dictonarry


Well if you put it like that, then the propaganda peice did make an important and lasting change to the source material to exist as propaganda.


They rip a full 1 minute of the song. Go try and publish a full minute of a popular song on Youtube ans see how long it will last you.
Okay, how about this example that is the entire Weird Al Show intro on youtube with no copyright claims dispite the music being made by THE Wierd AL that was also sold as part of one of his albums, Or the many examples of popular video game music being ripped and uploaded to youtube with even less done to not getting struck down and a lot of which has been on the site for almost as long as Youtube itself has, or how about the pokemon anime opening, theme and the specific minute portion later used by the government and all without Nintendo doing anything about it, also for almost as long as Youtube has been around for and has millions of views?


Association of the brand with human kidnapping and concentration camps.
and their statement would be more than enough for people to understand that they wern't involved with the propaganda because trying to sue the government over something that can and will be put under fair use given that you know... the government actually can just put down lawyers who would side with then regardless and just 'cuz a company is notoriously litigious doesn't mean they're gonna use the same solution for every problem.
 
Yes! Legendary Mr. Yokoi was already a senior and a legend when I knew about him. Without him, videogames wouldn't be even close as we have it today. That guy single handedly created a good evolution in videogames. I have so many old magazines where they talk about Yokoi and his newest inventions at the time, just a genius, exactly like Miyamoto, who, as you said, was his apprentice. Yes, there are so many conspiracy theories, I agree that it wasn't just an "accident"; too fishy to just say "oh, he died" when he was such a big name in the industry, already left and was preparing new and innovative ideas. Only God knows what would have happened..... There are also conspiracy theories about Satoru Iwata, who was in a similar wagon than Mr. Yokoi. So sad.

I have a friend who has always said, since the 90s, that Nintendo is in cahoots with the Yakuza. At first, it was a fun joke, but I saw that friend a couple of weeks ago, and he still says that. And now, that doesn't seem so farfetched :rofl:

Ah, videogames, not only they transport us to another worlds full of magic, they have their own agenda in the real, corporative world.
 
I'm guessing you're using the same website I cited, and let's do some looking, shall we?





It's almost like they are examples for such things that Fair Use can cover because not everything that it could cover has to be listed all at once, one such example being propaganda.

So Editing a kids anime theme song about catching creatures and fighting with them into propaganda involving "human kidnapping and concentration camps ." (Your words not mine) with some clips from the anime's opening to enforce the "Catching them all" plus the mock trading cards isn't "transformative"?, By this logic, any meme that is just an image or video snippet with Impact font or those white top border with black text isn't fair use ethier.

It's also non-profit since being by the government, there's no reason to push it out for profit when you can literally print money.

What does transformative even mean, anyways?





Well if you put it like that, then the propaganda peice did make an important and lasting change to the source material to exist as propaganda.



Okay, how about this example that is the entire Weird Al Show intro on youtube with no copyright claims dispite the music being made by THE Wierd AL that was also sold as part of one of his albums, Or the many examples of popular video game music being ripped and uploaded to youtube with even less done to not getting struck down and a lot of which has been on the site for almost as long as Youtube itself has, or how about the pokemon anime opening, theme and the specific minute portion later used by the government and all without Nintendo doing anything about it, also for almost as long as Youtube has been around for and has millions of views?



and their statement would be more than enough for people to understand that they wern't involved with the propaganda because trying to sue the government over something that can and will be put under fair use given that you know... the government actually can just put down lawyers who would side with then regardless and just 'cuz a company is notoriously litigious doesn't mean they're gonna use the same solution for every problem.
you must be MAGA cause only those idiots would defend his behaviour
 
No, it really shouldn't. Companies need to stop treating piracy like it translates 1 to 1 to lost sales.
Conversion rate for freemium app is usually 1%. So 1% imo. Seriously i wonder if the court can order the dude to disclose his bank account so we can know how much he made from all those ads+donation
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Not the defending the video, the bending over backwards on definitions to claim fair use. 😆
The argument used for those video is disingenuous at most in this case. One is not making any money while one is and directing affect their sales. It's apple and orange comparison. Better use when they sued the Italian store named "Super Mario" (they lost though so there's that)
 
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