Nintendo wins court case against man who sold TX devices and pirated copies of Switch games

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When it comes to modding your consoles, it all becomes a bit of a legal gray area, especially depending on which country you're in. However, when you not only modify your video game system, but also create a storefront, with the express purpose of selling devices that can boot custom firmware bundled with micro SD cards full of pirated ROMs of games, then you definitely push yourself into the side of illegality. That's why, in 2018, Nintendo went after a man who did exactly that, filing a lawsuit against one Sergio Mojarro Moreno, for selling Team-Xecuter devices, storage devices with illegal copies of Nintendo Switch titles, and hacked NES Classic systems, full of more pirated ROMs. The lawsuit was settled in the middle of last year, but only now has the court's injunction been publicly posted. The United States District Court of Southern California ruled that the defendants were to be dismissed without prejudice, meaning that should any of the involved defendants attempt to sell these items again, Nintendo will be able to re-open the case. They were also ordered to refrain from using or selling devices (SX Pro, Trinket M0) that circumvent Nintendo's security measures on their consoles, nor can they sell, rent, or offer pirated copies of Nintendo games. Furthermore, they may not provide or sell anything that uses Nintendo's trademarks to market their products.

Finally, at the time of the filed injunction which was December 30th, all involved parties were required to have disposed of any physical devices or modchips that could hack Nintendo hardware.

Defendant shall, within three (3) days of entry of this Stipulated Judgment and Permanent Injunction, provide written certification to Nintendo, representing that Defendant, including any of his agents, were not in possession of any circumvention devices, including but not limited to any software related to circumventing Nintendo systems, any software that extracts Nintendo video games directly from the original copy, any physical devices, such as SX Pro or Trinket M0 chip, that are used to circumvent Nintendo systems, any memory cards containing illegally downloaded copies of any Nintendo video games, any modded Nintendo devices, or unauthorized copies of Nintendo video games, including but not limited to Super Smash Bros. Ultimate before it was released for sale in the United States, at the date of entry of this Stipulated Judgment and Permanent Injunction, or, if Defendant, including any of his agents, were in possession of any circumvention devices, including but not limited to any software related to circumventing Nintendo systems, any software that extracts Nintendo video games directly from the original copy, any physical devices, such as SX Pro or Trinket M0 chip, that are used to circumvent Nintendo systems, any memory cards containing illegally downloaded copies of any Nintendo video games, any modded Nintendo devices, or unauthorized copies of Nintendo video games, including but not limited to Super Smash Bros. Ultimate before it was released for sale in the United States, that Defendant provide a list of those items in his or his agents’ possession and that they have been destroyed; 4. Judgment is hereby entered in favor of Nintendo on each and every claim for relief in Nintendo’s First Amended Complaint;

:arrow: Source: Legal Court Document (obtained by TorrentFreak)
 

DuoForce

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>Selling ROMs
>Buying ROMs
A true pirate NEVER buys ROMs! Good for Ninty for winning this case. ROMs are not to be sold for currency of any kind, they serve as a way to archive and preserve games, not so greedy scumbags can sell and profit from them. Anyone who knowingly buys pirated ROMs are morons.
 

WhiteWakandan

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This shit is being done in most 3rd world countries - and no body cares.
He was either reckless or thinking it'll be fine cause where hes from everyone and their dogs were doing it and getting away with it.
 
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Chary

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What’s with the weird bootleg Nintendo logo on this article lol
anyway selling roms is a stupid idea because they’re so easy to find online and it’s so easy for nintendo to catch you selling them so don’t even try.
I thought it'd be funny cuz he's selling ROMs. That tends to be something that bootleggers do, so I found a Nintendo logo that didn't look TOO off...but still suspiciously weird :P
 

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