Nintendo has just won a court case in the UK, in which certain internet service providers must restrict users from accessing certain webpages related to pirating content for the Switch. The case, which took place in the England and Wales High Court, requires that Sky UK, British Telecommmunications, EE Limited, TalkTalk, and Virgin Media must all impede or block access to a set of specific websites that give information on how to illegally obtain games, or give instructions on how to modify Switch hardware in order to play said games. The four websites are as follows:

• team-xecuter.com
  
• sx.xecuter.com
  
• sxflashcart.com (R4)
  
• xecuteros.com / stargate3ds.org (Stargate)

As it stands, the court case and eventual site-blocking in the UK only refers to those sites, and those of which all have a common link of hosting Team Xecuter/SX content. For those worried, GBAtemp is not involved with this, and will not have users' access blocked, nor do we expect any issue as a result of this ruling. The court case in full can be seen in the source, with certain relevant pieces quoted for easy reading.

1. Regrettably, third parties discovered that there was a way to circumvent the TPMs by installing custom firmware on the Nintendo Switch. NCL implemented a change to the Nintendo Switch to prevent this in June 2018, but there remains a very substantial number of the earlier, vulnerable Nintendo Switch consoles in circulation and there is evidence of active attempts being made to circumvent the TPMs even on the post-June 2018 Nintendo Switches.
   
   
   The circumvention devices
   
2. The circumvention devices consist of the SX Pro, which comprises a USB dongle and a jig tool, together with software called SX OS. Having purchased an SX Pro from a reseller, the user downloads SX OS from the first of the Target Websites onto a blank microSD card which the user inserts into his or her Nintendo Switch together with the SX Pro. The user then goes to the second of the Target Websites and, using a licence key stored in the SX Pro, obtains a licence for SX OS, which is then operable on the user's Nintendo Switch.
   
   
   The Target Websites
   
3. Copies of screenshots of the Target Websites are annexed to the Particulars of Claim. For present purposes, the following features are pertinent.
   
   
4. The first Target Website, which is located at the URL team-xecuter.com, is shown at pages 12-34 in Annex 2:
   
   
   i) In a green bar at the top of the home page shown on page 12 are hyperlinks in yellow that link to various other parts of the website and, in the case of that entitled "SX Family Portal", link to the second Target Website discussed below.ii) In the middle of the home page there is a headline "SX OS v2.8 Beta Announcement" below which is a picture of the screen of a Nintendo Switch with SX OS installed on it. The central icon of three icons displayed on the screen is NCL's Joycon logo.iii) On the left-hand side is a box headed "where to purchase" that has the SX logo on the left and proclaims on the right: "If you are looking to buy our SX Family of Team Xecuter products, then please check out our Where To Buy page, listing all of our many valued local and worldwide resellers, as below is just a short recommended list by us."iv) Below this on the left-hand side there are adverts for resellers in various countries such as Canada, and (on page 13) France, Germany, and Spain.v) Turning to page 18, at the bottom of the page just above the video box, in a section headed "SX OS v2.7 Beta Announcement", there is a statement "Of course, behind the scenes we are also still working hard on our solution for those 'unhackable' switches. Good progress is being made, so hang in there!".vi) Page 24 shows the "About Us" page. On the left is a PayPal Instant Delivery advert that offers "USA/EU shipping". The About Us section explains:"Team Xecuter have developed hardware and software for the Xbox Scene since 2001. The initial roots of the group were based on the Xbox homebrew hacking scene, however where we started as a small group of hardcore enthusiasts dealing with extremely gray area market products, we have now grown into a large electrical manufacturer that develops products for many companies around the world.Our heart still lies within the games console community and we are always active in developing new and innovative products that we ourselves use in our gaming lives. Whereas we have long digressed from trading in areas that have now been made illegal in most countries over the years, our ambition is to continue to product quality items at an affordable price."vii) Page 27 show the "Where to Buy" page. This explains, in the middle of the page, that "On this page you will find a updated list of all our authorized resellers around the world that have available our latest Xecuter SX Family Products". Below that is listed a reseller that is said to offer "Shipping worldwide".viii) Starting at page 29 is a "List of Resellers operating within Europe (choose the one best for your area for shipping rates)."ix) On page 30, beside an Irish flag, are listings for "Stores Based in Ireland" that includes, as the first listed, the fourth Target Website (Stargate).x) On page 32, beside a Union flag, is a list of "Stores based in the United Kingdom". The second link down is to the third Target Website (R4).
5. The second Target Website, located at the URL sx.xecuter.com, is shown at pages 35 to 41 of Annex 2. This Target Website is accessed by clicking on the hyperlink on the first Target Website entitled "SX Family Portal". It is at the second Target Website that a user obtains a license for the SX OS. The link to do this is at the top right of page 35 labelled "Activate SX OS". It is also possible to download updated versions of the SX OS, as can be seen from page 36. NCL contends, and I accept, that it can be seen that, in this and other ways, the two Team Xecutor Websites operate in conjunction with each other. In addition:
   
   
   i) On page 35 there is statement "Introducing SX by Team Xecuter The ultimate solution for jailbreaking your Nintendo Switch has arrived".ii) Turning to page 37, in the middle of the page there is a heading SX OS, below which it is explained that "SX OS is our revolutionary Custom Firmware for Nintendo Switch". In the images below this is shown, as the top picture, the screen of a Nintendo Switch onto which SX OS has been installed, with, in the central picture, the Joycon logo displayed. Around the images are various pieces of information about SX OS. At top left it is explained that it works "with every Nintendo Switch console released before June 2018". On the left at the bottom of the page it is explained that you can "Play All Games!"iii) On page 38, under heading "Homebrew Games & Apps" it is stated that "Using SX OS homebrew menu launcher you can enjoy all the quality games and software by independent developers".iv) On pages 40-41 are instructions for the use of SX Pro and SX OS. Installing the SX OS promises, as stage 5, that the user can "Enjoy the latest games and homebrew!".
6. The third Target Website (R4), currently located at the URL sxflashcart.com, is shown at Annex 3:
   
   
   i) At page 43, in the top right, below the box marked "Cart", there is a hyperlink labelled "HACK AMIIBO/SWITCH". In the second row of "new arrivals" on the left there is advertised the "Switch Xecuter SX OS" and "Switch Xecuter SX Pro and OS".ii) On page 44 in the top left there are two more adverts for the circumvention devices. The second of these shows a Nintendo Switch on which can be seen the screen with SX OS loaded and, in the centre, the Joycon logo. The prices are all in sterling.iii) On page 45, middle right, is a section entitled "Hack your Switch 3DS New 2DS by a flashcart." Below the title it states "Flashcard is the best choice to play free games in UK Ireland". The fourth line states "To hack Nintendo Switch, just buy the Xecuter SX Pro and OS". In the bottom right, under "Store Information" it states "SX Flashcart UK".iv) On page 46 is the page reached by clicking the hyperlink "HACK AMIIBO/SWITCH" referred to in the opening sub-paragraph above. In the title box it states "…We support all kinds of Nintendo Switch accessories to play Nintendo Switch games." Below that are further adverts for the circumvention devices including the image of the Nintendo Switch with the custom firmware installed on which the Joycon logo appears.v) On page 47 are various adverts for the circumvention devices. Among them, on the left-hand column and accompanied by an image of the Nintendo Switch, is an offer for "Switch Xecuter SX Pro and OS" with the words "The Nintendo Switch has been hacked already by Xecuter SX Pro and OS" appearing beneath.vi) On page 50 is the page reached by clicking the hyperlink for one of the adverts for "Switch Xecuter SX Pro and OS". The blurb beneath the title states "The Nintendo Switch has been hacked… with this Switch flashcart Xecuter SX the players can enjoy free custom firmware without limits… It can support all the regions…." Similar information is given under the heading "More Info" at the bottom of the page.vii) On page 51 further information about the product is provided. The second bullet point under "Why buy Switch Xecuter SX?" explains "An original Switch cartridge is too expensive, we can save our money to enjoy free games." At the bottom of the page are customer reviews, two of which are from "Ryan P": the top one states "…I ordered from the UK and item was here in 6 days with free shipping method…." The second one states "… I used free postage option to the UK, it took about 8 days to arrive…"viii) On page 52 the second review from the bottom from "Ash B" states "arrived in the UK 05/06/2018".
7. The fourth Target Website (Stargate), currently located at the URL xecuteros.com but previously located at stargate3ds.org, is shown at Annex 4:
   
   
   i) At page 60 is the home page. The website is entitled "Stargate3DS" and next to the title is a ".UK" logo. In the middle of the page there are three purchase options for the circumvention devices, all priced in sterling. The image of the left-hand option shows the Nintendo Switch with SX OS installed and displaying a screen that has on it the Joycon logo.ii) On page 61 in the right-hand column are brief explanations of the Switch Xecuter SX OS "…software to hack Nintendo Switch console…" and the Switch Team Xecuter SX Pro and OS modchip which "hacks Nintendo Switch".iii) On page 63 at the bottom right is "Store Information", which gives an address in "Staybridge UK".iv) At page 65 is the page one reaches by clicking on the option to buy the Switch Xecuter SX OS. The description of the product states "The Switch Xecuter SX OS is a software to hack Nintendo Switch console. It's easy and cheap to pirate a Switch. With Switch Xecuter SX OS, the players can play all kinds of Switch games freely."v) On page 66 the "characteristics" of the product are said to include "Compatible with games outside the regions". Below that is a section headed "Why buy Xecuter SX OS in stargate3ds.org?" The third bullet point promises "All orders in stargate3ds.org are sent free with the tracking number and arrived quickly in UK!"vi) At page 68 is shown the page one reaches by clicking on the option to buy the Switch Team Xecuter SX Pro and OS modchip. The description includes information similar to that shown on page 65 but also states in the final sentence "To pre order a Switch SX flashcart to begin your hack journey in UK and Ireland". At the bottom of the page under "More Info" it explains "The main function of Switch Xecuter SX flashcart is to install CFW [Custom FirmWare] on your Nintendo Switch consoles. After the custom firmware setup on the console you can start to play downloaded free Nintendo Switch games so that we don't need to buy expensive retail cartridge from amazon or ebay."

Additionally, the UKIE, the Associating of UK Interactive Entertainment, agreed with the ruling and had this to say on the matter:

These circumvention devices, which enable the use of unauthorised copies of video games, jeopardise the businesses of those who uphold and rely upon the sales of legitimate products. As such UKIE fully supports the ruling and wishes to reiterate the strong stance of the UK video games industry against illegitimate operators. The case represents one of multiple industry endeavours to prevent bad actors from infringing upon and exploiting the intellectual property rights associated with games.

Source

 

[8BitWonder]

- Yep, this is normal for Nintendo wanting to block piracy, but they're certainly protecting too much their IPs: Removing fangames (which btw should fall under fair use in most circumstances), not letting homebrew developpers...

As much as it sucks that fangames get taken down, It's important for companies like Nintendo to defend their IPs aggressively.

Otherwise thousands of clones of their content would pop up on the market.

 

[Essasetic]

I guess that's something...?

I'm sure people will use VPNs but it'll probably stop people who have no idea what they're doing.

 

[Ferris1000]

If my provider starts to block any websites, i gonna cancel my contract immediately and stop paying them...I thought we are living in a free world...

 

[RHOPKINS13]

This is stupid, they're fighting against the wrong sites. Those sites may be selling a solution that enables piracy, but they're not distributing pirated code (well, besides that of Atmosphere).

And normally I'm one of those people that hates SX OS, but this is ridiculous. If Nintendo wants to go after somebody it should be after that dark umbrella site, or the hbg shop, but not Team Xecuter.

 

[Worldblender]

Thankfully, this court order only affects SX OS, but I wonder if the same will happen to Atmosphere and all other open-source CFW. If that's the case, it will just be legally impossible for those in the UK to download any kind of Switch CFW. I live in the United States and not the United Kingdom, so I have less to worry about.

 

[Essasetic]

This is stupid, they're fighting against the wrong sites. Those sites may be selling a solution that enables piracy, but they're not distributing pirated code (well, besides that of Atmosphere).

And normally I'm one of those people that hates SX OS, but this is ridiculous. If Nintendo wants to go after somebody it should be after that dark umbrella site, or the hbg shop, but not Team Xecuter.

Well, Team Xecuter are an easy target. They have obfuscated keys in their CFW (which is illegal), their XCI solution is also illegal and copyrighted by Nintendo, etc.

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

Thankfully, this court order only affects SX OS, but I wonder if the same will happen to Atmosphere and all other open-source CFW. If that's the case, it will just be legally impossible for those in the UK to download any kind of Switch CFW. I live in the United States and not the United Kingdom, so I have less to worry about.

Don't worry, Atmosphere doesn't distribute copyrighted code and isn't a paid product. It won't be effected by this.

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

Before someone inevitably comes and says "YoU'rE BiAsEd". No I am not biased this is the truth and it is why they have been hit by the court ruling.

 

[Worldblender]

Well, Team Xecuter are an easy target. They have obfuscated keys in their CFW (which is illegal), their XCI solution is also illegal and copyrighted by Nintendo, etc.

Don't worry, Atmosphere doesn't distribute copyrighted code and isn't a paid product. It won't be effected by this.

I knew I made a good investment by sticking with open-source CFW. By being smart and not including non-free copyrighted code, that's where they shine. This is one of many cases where FOSS options reign supreme to the proprietary ones!

 

[RHOPKINS13]

Don't worry, Atmosphere doesn't distribute copyrighted code and isn't a paid product. It won't be effected by this.

Before someone inevitably comes and says "YoU'rE BiAsEd". No I am not biased this is the truth and it is why they have been hit by the court ruling.

Don't be so sure of that. Atmosphere is hosted on GitHub, obviously Nintendo isn't going to have much luck going against a site that's primary function is distributing open source code and enabling developers to cooperate. BUT, they did manage to get freeShop kicked off of GitHub, getting projects like Tinfoil, Atmosphere, and ReiNX shut down is definitely within the realm of possibility. But I highly doubt it will happen, Nintendo's time would be better served going after actual piracy sites.

 

[DAZA]

they are doing a lot to protect their company.. which is understandable considering if the switch flopped then nintendo would have been no more hardware wise.. or vanished

2 sides to the coin, depends on your outlook as to which story you read from the coin flip.. which are you?!

Heads: yay nintendo keep their IP longer to make more pokemon games lol

or

Tails: the old sailing ship of firmware warez keeps sailing enough to watch to good ship nintendo sink

 

[Flame]

fuck you Boris Johnson for blocking such websites. you made me cry.. *sips his tea*

 

[Insane]

I just wonder if the 1.1.1.1 or 8.8.8.8 will solve the block for someone

 

[chrisrlink]

besides if they go after FOS cfw well they'll have hacktivist groups up their ass the day they do this i hope their network security is as strong as the AP mesures in the switch thats for sure

 

[morvoran]

Well, good thing VPN's exist. This can be easily bypassed.

What I'm worried about is that this will start with piracy websites and may eventually lead to gaming related websites that only discuss piracy topics being blocked. Hmm, do we know any sites that fit that description?

People may say this is a good thing (especially if they hate team-xecuter), but is this where it ends or just the beginning of a horrible trend of silencing innocent sites?

 

[Kioku]

F**k Nintendo for doing everything to screw homebrews...

Ha! "Homebrew"... You're not fooling anyone. It never ceases to amaze me that pirates pretend to have some form of moral high ground. I don't necessarily agree with the outcome, but the entitlement is ridiculous.

 

[Chrisssj2]

Ofc scumbags most dangle their penis over other people. ALL FORMS OF GOVERNMENT = EVIL

 

[The Real Jdbye]

You know, I'm not mad at all about this. If you advertise your device as enabling piracy of all the latest and greatest games, you're inevitably going to make a lot of people mad. I'm sure the investors and publishers were no happier about this than Nintendo, and that they were a big push for Nintendo taking action.

There is a good reason that even piracy-enabling tools in the homebrew scene are rarely outright stated as such, even when the people behind them are not against piracy, and in some cases are for it. It attracts unwanted attention. Those that do promote piracy enabling tools tend to do so with a bit more secrecy. And those that publicly promote piracy enabling tools inevitably end up like this, or worse. Xecuter got what was coming to them, and they have no one to blame but themselves.

Imagine if the scene groups all hosted their own releases on their own websites, had banners everywhere promoting their website for downloading free games and applications, and bought ads promoting their website. There would be an extensive background check done on their hosting service, they wouldn't last long and most likely would end up with a huge fine and some jail time, like has happened multiple times in the past with piracy related websites.
Of course hosting pirated content and advertising a way to play them isn't the same thing, but to the companies making the software, they are both equally bad.

Xecuter need to advertise their product somehow, but if you've seen the ads for DS flashcarts, I don't think any of them outright stated "play all the latest and greatest games for free", they were a bit more vague about it. People still found out about them and bought them in droves, so being this blatant isn't necessary to sell a product.

 

[spotanjo3]

Nintendo, good job but it isnt going to resolve your problem, silly.

 

[Ryccardo]

BUT, they did manage to get freeShop kicked off of GitHub

Due to a false or at least extremely questionable claim (that the binary [because you can't report just the releases, only the entire repo] contained a trademark violation due to the "Nintendo 3DS" boot animation, yet they never once complained against Project_CTR's makerom which is the tool which contains said animation and inserts it on demand), and of course the project just moved on less prudish (ie non-American) hosting

If my provider starts to block any websites, i gonna cancel my contract immediately and stop paying them...I thought we are living in a free world...

Yeah, and they have taken advantage (albeit under external pressure) of their technical freedom of providing you with a service they configure, not you - too bad there are no practical alternatives to accessing "the main internet", huh?

 

[rg]

When you win a court case to block websites. But then remember that 70% of people use VPN anyway.

70% of people? Where did you get this figure from? Probably no more then 20% even understands the concept

 

[Essasetic]

Don't be so sure of that. Atmosphere is hosted on GitHub, obviously Nintendo isn't going to have much luck going against a site that's primary function is distributing open source code and enabling developers to cooperate. BUT, they did manage to get freeShop kicked off of GitHub, getting projects like Tinfoil, Atmosphere, and ReiNX shut down is definitely within the realm of possibility. But I highly doubt it will happen, Nintendo's time would be better served going after actual piracy sites.

Except, what grounds would Nintendo have on shutting down Atmosphere? They certainly would have SOME ground shutting down Reinx due to the bundling of FS and ES patches. But if they were going to do it. It would've been done by now.