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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[BenRocha]

Hi y'all,

I am in USA. Where can I buy R4i flash carts for my sons' DSi with version 1.4.1? Their old acekard 2i are no longer working. Please help. I am having a really hard time finding good online stores that can sell and ship to US customers. Will they just sell blank R4i cards and I still need to look for the kernel/firmware? Sorry, I am a newbie here and do not know about about games/consoles. thanks

 

[Legend Of Kay]

Love it!
Finally got what they deserve.

Hahahahahahhaha

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

oh wait. You’re serious. Let me laugh even harder

HAHAHAHAHAHAHAHAHA

Coming into a thread acting like you know anything, bragging about someone getting their apparently “deserved” comeuppance and making a total fool of yourself. Lmao.

 

[smf]

I'm pretty sure selling modded game consoles/modding tools is only illegal in Japan.

104 countries signed up to the 1996 https://en.wikipedia.org/wiki/WIPO_Copyright_Treaty which makes it illegal to sell a product which can bypass DRM.

https://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16

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?

Resellers are far easier to find and pursue in court. A few thousand dollars out of a standard legal office and they can set an example to others that might resell.

It would be harder to shut down distributors and factories further up the chain and actually trying to identify the engineers and people at the top would be practically impossible.

Whether Nintendo have enough money or not, they aren't the world police & it's unlikely that they'd get as good a return on their investment going after the resellers in any case.

 

[MySwitchLite2020]

anyone know why TX prefer hardmod??

 

[banjo2]

Hi y'all,

I am in USA. Where can I buy R4i flash carts for my sons' DSi with version 1.4.1? Their old acekard 2i are no longer working. Please help. I am having a really hard time finding good online stores that can sell and ship to US customers. Will they just sell blank R4i cards and I still need to look for the kernel/firmware? Sorry, I am a newbie here and do not know about about games/consoles. thanks

Maybe try asking here?

 

[Fred Molyneux]

anyone know why TX prefer hardmod??

They don't prefer hard mods. In fact, their sales will be lower with such device than with SX Pro which is very simple to use and for anyone. Now we talk about a product for real geeks.
But this is the only solution they found. And most likely no one else will find another. So it is either that or nothing.

 

[Goku1992A]

They don't prefer hard mods. In fact, their sales will be lower with such device than with SX Pro which is very simple to use and for anyone. Now we talk about a product for real geeks.
But this is the only solution they found. And most likely no one else will find another. So it is either that or nothing.

More than likely the majority is going to take it to a guy to get it done for a fee. I have zero soldering skills whatsoever so I'm just going to take it to a guy and do mines. The modchips are also a good thing because you dont have to limit yourself to an older console. It's probably best to buy the lite new in the box and get the installation done without coming hard out of pocket.

Downside about the modchip is that you void your waranty but on the flip side for the unpatched units you had no warranty to begin with since it's old.

 

[Switch_Maniac]

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 I'll say it again. The chip itself does not come with SXOS on it. Neither does SX Pro or SX Gear. You have to go to the website and download the boot.dat or payload file. So the chip is just a chip. Telling you to use SX means absolutely nothing and if they said to use Atmo it would be fine? I'm not following your logic here.

 

[Mrperson0]

Telling you to use SX means absolutely nothing and if they said to use Atmo it would be fine? I'm not following your logic here.

The logic is that your purchase includes an SX Pro license, which is to use their OS, which contains Nintendo's code. You are not solely buying a modchip (or payload + rcm jig for the initial variant). If they never sold a license, this likely wouldn't be as big of an issue.

 

[Switch_Maniac]

The logic is that your purchase includes an SX Pro license, which is to use their OS, which contains Nintendo's code. You are not solely buying a modchip (or payload + rcm jig for the initial variant). If they never sold a license, this likely wouldn't be as big of an issue.

So why is the Sx Gear treated the same then? It does not come with a license.

 

[Mrperson0]

So why is the Sx Gear treated the same then? It does not come with a license.

In that case, if this were to actually go to court, it likely wouldn't hold up. Nonetheless, I looked through both preliminary statements, and I do not see a mention of the SX Gear at all.That document always makes sure to mention circumvention devices and SX OS from what I see.

 

[Switch_Maniac]

In that case, if this were to actually go to court, it likely wouldn't hold up. Nonetheless, I looked through both preliminary statements, and I do not see a mention of the SX Gear at all.That document always makes sure to mention circumvention devices and SX OS from what I see.

Right, SX gear was an example of a device that does the same exact thing. Circumventing Nintendo's protections. They also don't mention SX Pro specifically if I remember correctly. Which is the exact same as the chip, but external. So the point I'm making is that without the boot.dat or some type of payload, these devices don't do anything.

 

[Mrperson0]

Right, SX gear was an example of a device that does the same exact thing. Circumventing Nintendo's protections. They also don't mention SX Pro specifically if I remember correctly. Which is the exact same as the chip, but external. So the point I'm making is that without the boot.dat or some type of payload, these devices don't do anything.

So this discussion has been pointless, seeing that in both statements, Nintendo has always referred to SX OS, and not solely the devices. The main thing is an SX OS license is always sold with these devices.

 

[medoli900]

Yeah, yeah.
Let's take one case and make it real for everything and everyone.
This, this and this. Enjoy.

Thank you for more article that strengthen my argument. Don't know why your pissy about it though. It was the only article I knew on the subject, no need to be aggressive.

Just as I thought. You read but don't think.

Look at your your so called studies. Where are studies specified for games? Gaming on console is very different from other media form. Not every piracy is the same.

Streaming movie, TV show, music you can move your account to new devices. The contents is the same. In long run pirate would purchase these content when these would be offered for dirt cheap, or via some kind of subscription. The
Gaming console has life cycle. New console would need upgrade to meet demand of improved graphic, improved gaming experience... Old game most of the time ain't compatible on new console in its original format. Letting piracy run wild, then game studios can't make money. No fund to continue on new console.

You're bashing on peer reviewed article, but uh... Where are your proof. You can spout anything you want from your mouth, but without proof, it means absolutely nothing.

 

[Switch_Maniac]

So this discussion has been pointless, seeing that in both statements, Nintendo has always referred to SX OS, and not solely the devices. The main thing is an SX OS license is always sold with these devices.

I guess it was pointless because they don't specify anything about it coming with a license. Only SXOS cfw. So I don't get your point. You can't use SX without the boot file, which doesn't come with any of the devices.

 

[Mrperson0]

You can't use SX without the boot file, which doesn't come with any of the devices.

The point you keep on ignoring is, at the point of sale, they give you a license for SX OS as well. If resellers were only selling the modchip on its own, Nintendo wouldn't have a case.

 

[realtimesave]

Everyone needs hugs <3 <3 <3

 

[tivu100]

Thank you for more article that strengthen my argument. Don't know why your pissy about it though. It was the only article I knew on the subject, no need to be aggressive.

You're bashing on peer reviewed article, but uh... Where are your proof. You can spout anything you want from your mouth, but without proof, it means absolutely nothing.

Dude. In this age of time, we still do the quote a bible kind of method? We're not paid to do research. You're free to Google research done by researchers.

Anyways, for those who recycled the EU study, you would have known this famous Google funded research soon afterward.

https://www.uspto.gov/sites/default/files/documents/USPTO-Piracy Landscape-03-20-2020nr.pdf
https://torrentfreak.com/images/global-online-piracy.pdf

Did you people fail to understand all these recent trade war, with intellectual property patents, trademarks, copyright infringement are the main talking point?

These study was summarized in my previous post. Each industry got different impacted by piracy. Now what you can see with your own eyes (the ultimate proof). Since the Google funded study, the music industry in particular had shift their approach. They know physical media format would suffer. Many artists stream their own content for free on Youtube to promote their product, and earn those the small income from Youtube. Incentives promotion to boost sale for music streaming service. Demography of paid consumers is not surprising at all, adult in good income countries with income! It's understandable that the industry pay less attention in less developed countries since they don't make much revenue there.

However, if one generalizes every industry, then you're missing the point by mile. Music industry is robust with much more content release, easier to adapt to new approach, and having shelf life. Box office depends heavily on initial tickets sale. If you're Okay with producers waiting for years to film a new movie after they get even with their investment, then it's only way piracy can work. Gaming is similar. Smaller studio would went bankruptcy before sale evens out. They don't have money for their next project if their game ain't a hit. Promotion wise, big bad corporation would play it safe and promote their love child franchises. The majority of game consumers are younger people. So their budget is small, so after the promoted franchises get their part of the cake, there is little left for smaller studios, start up. Let piracy roam free, then the first to suffer is these small guys. Ironically, many of the same pirates would start complaining about not having enough good games and pricing. Games getting butchered with paid addons. The reality is looking back at you.

 

[medoli900]

Dude. In this age of time, we still do the quote a bible kind of method? We're not paid to do research. You're free to Google research done by researchers.

Anyways, for those who recycled the EU study, you would have known this famous Google funded research soon afterward.

https://www.uspto.gov/sites/default/files/documents/USPTO-Piracy Landscape-03-20-2020nr.pdf
https://torrentfreak.com/images/global-online-piracy.pdf

Did you people fail to understand all these recent trade war, with intellectual property patents, trademarks, copyright infringement are the main talking point?

These study was summarized in my previous post. Each industry got different impacted by piracy. Now what you can see with your own eyes (the ultimate proof). Since the Google funded study, the music industry in particular had shift their approach. They know physical media format would suffer. Many artists stream their own content for free on Youtube to promote their product, and earn those the small income from Youtube. Incentives promotion to boost sale for music streaming service. Demography of paid consumers is not surprising at all, adult in good income countries with income! It's understandable that the industry pay less attention in less developed countries since they don't make much revenue there.

However, if one generalizes every industry, then you're missing the point by mile. Music industry is robust with much more content release, easier to adapt to new approach, and having shelf life. Box office depends heavily on initial tickets sale. If you're Okay with producers waiting for years to film a new movie after they get even with their investment, then it's only way piracy can work. Gaming is similar. Smaller studio would went bankruptcy before sale evens out. They don't have money for their next project if their game ain't a hit. Promotion wise, big bad corporation would play it safe and promote their love child franchises. The majority of game consumers are younger people. So their budget is small, so after the promoted franchises get their part of the cake, there is little left for smaller studios, start up. Let piracy roam free, then the first to suffer is these small guys. Ironically, many of the same pirates would start complaining about not having enough good games and pricing. Games getting butchered with paid addons. The reality is looking back at you.

Wait, are you defending or against piracy. Your statements are very confusing. All those article that we posted are against piracy, why are you even opposing us if you are also against piracy?

 

[tivu100]

Wait, are you defending or against piracy. Your statements are very confusing. All those article that we posted are against piracy, why are you even opposing us if you are also against piracy?

Feel like you're confusing me to the one who jumping in going gung-ho about piracy boost sale.

Read my post, and you can tell. I did my part explaining why anyone who read but don't think can be tricked into thinking piracy has no harm on sale. Music industry can play around, however it's not the same with gaming and box office.