The never-ending legal battle that sees Nintendo face off against the latest copyright circumventing piracy device continues with two brand new lawsuits. On May 15th, Nintendo filed a couple of lawsuits involving entities responsible for reselling devices used for the "sole purpose of which is to hack the Nintendo Switch video game console in order to allow people to play pirated video games." The first lawsuit is against a group of websites and their respective "John Doe" owners, for anxchip.com, axiogame.com, flashcarda.com, mod3dscards.com, nx-card.com, sxflashcard.com, txswitch.com, and usachips.com, while the second suit specifically targets Tom Dilts Jr. and their company Uberchips.

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF OHIOWESTERN DIVISIONNINTENDO OF AMERICA INC.
Plaintiff
,v.
TOM DILTS, JR.
and
UBERCHIPS, LLC, d/b/a UBERCHIPS.COM

Plaintiff Nintendo of America Inc., by and through its counsel, on personal knowledge as to its own actions and on information and belief as to the actions, capabilities, and motivations of others, hereby alleges as follows:

What all these sites have in common is that they sell Team Xecuter's SX dongle, which allows users to bypass the protection on the Nintendo Switch in order to load custom firmware. Nintendo alleges that these products are used purely for piracy. In the past, Nintendo's taken on TX multiple times, perhaps most notably in 2018 where they won a lawsuit against several people who were selling hacked NES Classic systems and SX chips for the Switch on Offerup.

Nintendo is seeking compensation for "irreparable" damages to the company, as all of the websites have warehouses within the United States, and thus fall within the confines of the law. The monetary demands amount to $2,500 per violation of 17 U.S.C. 1201 (a DMCA provision), as well as $150,000 per violation of Nintendo's rights under the U.S. Copyright Act, in addition to possibly requesting profits the resellers received from selling the offending devices.

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[Switch_Maniac]

Love it!
Finally got what they deserve.

Who did? They aren't going after TX and the chips will for sure be available from other sellers

 

[Zaiphon]

Who did? They aren't going after TX and the chips will for sure be available from other sellers

"Who did?" TX of cause. Yeah Chips may get sold, but who will keep updating it?

 

[Switch_Maniac]

"Who did?" TX of cause. Yeah Chips may get sold, but who will keep updating it?

I'm not following. So the resellers are also the ones developing and updating SX? Not really making much sense here. These lawsuits only involve resellers who sell mod chips among other things. They have nothing to do with SX development....Just another hater who has no idea what they are even saying. Try reading the lawsuits maybe if it's not to hard for you.

 

[Deleted User]

I'm curious - why can't Nintendo go after TX? If it's because of anonymity/different country, surely Nintendo has enough money to find a workaround?

 

[Switch_Maniac]

I'm curious - why can't Nintendo go after TX? If it's because of anonymity/different country, surely Nintendo has enough money to find a workaround?

Depends on the country. Extradition isn't a policy everywhere among other laws in said countries. So it might not be worth the money. They'll just keep going after resellers. If they could have gone after TX directly, I would imagine they would have by now and that Microsoft would have back in the xbox/360 days.

 

[Deleted User]

Depends on the country. Extradition isn't a policy everywhere among other laws in said countries. So it might not be worth the money. They'll just keep going after resellers. If they could have gone after TX directly, I would imagine they would have by now and that Microsoft would have back in the xbox/360 days.

Makes sense, but resellers will just keep popping up and it'll be very time consuming for Nintendo to go after them all. Nintendo probably has infinite money so the costs aren't an issue to them.

 

[the_randomizer]

I'm good with sx pro for now. Moving on to PS5 when it gets released, rumor is that FFVII is going to be ported to it so I'll buy that (oh heaven forbid me buying games *hides stack of legit Nintendo Switch games that are in my closet*)

Switch will never have permanent softmods anyway

 

[Switch_Maniac]

Makes sense, but resellers will just keep popping up and it'll be very time consuming for Nintendo to go after them all. Nintendo probably has infinite money so the costs aren't an issue to them.

Agreed. So I am assuming money isn't the issue then since the original hack came out, what 3 years ago now, and TX is still around. Time will tell I guess, but I imagine if they have enough info to go after resellers like this, they have all the info they need for TX directly.

 

[realtimesave]

TX isn't going to die out, trust me on this. Just a minor hindrance is all.

 

[magico29]

lmfao you are totally clueless.

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Ok I won’t

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Who said I don’t pirate and *chuckle* man child... lol

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This is the biggest crock of shit I’ve seen in this entire

/thread

Yes i am sometimes.Thank you!!

 

[Goku1992A]

I just want to start on my Atomic Purple Switch Lite with the modchip inside with dualboot that's going to look so sweet I'll get a guy to do the housing and the modchip it's a shame Nintendo cant make nice things and you have to get things modded to achieve greatness I want mines to look like the swich lite below.

 

[chrisrlink]

wierd that your getting refunded i thought i read Nintendo was trying to freeze and collect assets from sales meaning no body should be getting refunded

 

[Steinyamite]

I can see where this is going
Hopefully they won't sue the atmosphere cfw makers..

I do not think they will sue atmosphere devs because they are not selling or pirating anything. They just create CFW, no dongles or even tutorials about how to homebrew the switch. So there is not anything to go after them for currently and I do not see that happening in the future. SX OS is selling devices and making money on a fault of nintendo's hardware and that is where the lawsuit comes in.

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I just want to start on my Atomic Purple Switch Lite with the modchip inside with dualboot that's going to look so sweet I'll get a guy to do the housing and the modchip it's a shame Nintendo cant make nice things and you have to get things modded to achieve greatness I want mines to look like the swich lite below.

View attachment 209777

Who are you having install the modchip I would love to know!

 

[Goku1992A]

Who are you having install the modchip I would love to know!

I know a guy in California that does housings and mod chips he can get it done. All I need to do is send the mod-chip and housing with my switch lite and he will do it for $80

 

[Dvdxploitr]

I can understand them going after ROM sites because they were distributing games that they owned (even if they weren't making money off them any more). But the TX device doesn't include any Nintendo code. It's a device designed for users to run home brew apps and games....yes, it does also allow for piracy, but not everyone that uses it will be using it for piracy. (although I am sure more than 50% of users will be using it for piracy...but it's up to the user on how they want to use it...). Anyone remember the beginning days of PS3 hacking? It was SOLELY designed for home brew. The teams were making it to NOT play pirated games, but of course, that ended up happening anyway.

 

[Mrperson0]

The teams were making it to NOT play pirated games, but of course, that ended up happening anyway.

Team Xecuter advertised their device as a way to play pirated games when it came out at first, especially when there was no way for normal users to create backups at the time.

Also, their OS, which is sold alongside the device, contains Nintendo's code to run XCI files.

 

[nintenbrolluseless]

"sole purpose of which is to hack the Nintendo Switch video game console in order to allow people to play pirated video games."

That's just incorrect... It's like saying that emulators are for the sole purpose of playing pirated games.

 

[Switch_Maniac]

Team Xecuter advertised their device as a way to play pirated games when it came out at first, especially when there was no way for normal users to create backups at the time.

Also, their OS, which is sold alongside the device, contains Nintendo's code to run XCI files.

You need to actually download the boot.dat to even boot SX OS and you have activate the license to use XCI loading. You could choose not to activate the license and only run homebrew just like Atmo. So actually it comes with no software to pirate anything. From what you are saying if it only supported running atmo it would be ok?

 

[Mrperson0]

You could choose not to activate the license and only run homebrew just like Atmo. So actually it comes with no software to pirate anything.

Just because you choose to not activate the XCI features doesn't mean the code to use XCIs isn't still there.

From what you are saying if it only supported running atmo it would be ok?

As long as Team Xecuter doesn't tell you to use SX OS, then you technically should be okay. However, I'm pretty sure that they tell all buyers to use it, just like how they were forced to back when it was first released.

 

[weatMod]

Just because you choose to not activate the XCI features doesn't mean the code to use XCIs isn't still there.



As long as Team Xecuter doesn't tell you to use SX OS, then you technically should be okay. However, I'm pretty sure that they tell all buyers to use it, just like how they were forced to back when it was first released.

so if they decouple the chip from the licence then...