Another day means another lawsuit, when it comes to Nintendo. A court dispute, originally filed in May, saw the company go after Uberchips, a reseller of Team Xecuter's, as Nintendo puts it, "piracy tools". Nintendo filed seeking damages against Uberchip's owner, Tom Dilts Jr., who proceeded to take his website down following the initial court dispute, though he maintained his own innocence. Prior to May, Dilts had been selling the SX OS dongle through Uberchips.com, which Nintendo states facilitated piracy, and now, both he and Nintendo have come to a conclusion in a new joint filing. A permanent injunction has been ruled, and a settlement of $2 million in damages must be paid to Nintendo. A stipulation of the ruling also permanently bans Dilts from ever reselling any Team Xecuter products, and if any leftover chips remained, they must be seized and destroyed.

This matter came before the Court on the parties’ Consent to Entry of Judgment and Permanent Injunction, Dkt. No. 14, and Joint Motion for Entry of Final Judgment and Permanent Injunction, Dkt. No. 15. The Court enters judgment as follows: 1. Plaintiff is hereby awarded judgment against all Defendants, jointly and severally, in the amount of US$2,000,000.00. 2. Each party shall bear its own costs and attorneys’ fees.

Source: court documents, courtesy of Torrent Freak

 

[linuxares]

Man I love people whining that Nintendo is protecting their intellectual property x3

 

[tech3475]

Perhaps, but Nintendo is ultimately playing a game of whack-a-mole when you look at the bigger picture.

They're likely hoping to use these lawsuits as scare tactics, look at what happened after they started going after ROM sites. Sure many are still around but a few did shut down/remove downloads.

 

[TheMadHatter]

This just fucking sucks. Ninty is going haywire over chip resellers...
As stated in the whole Apple Jailbreak trial we are allowed to "get everything out of our devices without limitations of the developer". It's fine that they void our warranty it's fine that they block us from online content hosted by them but going after resellers that simply sell a chip (not created by them) that exploit a mistake they made to give us full access (which we should have by default in a perfect world) is just sad.

I have to side note however, a chip, CFW or any form of other modification should never be sold as "piracy tool", it's a tool that allows us to homebrew. If I want to run a game in handheld mode in 1080p instead of 720p at full RAM and full CPU speed that should be up to me, I can plug in the charger whenever I want.
If they don't want "piracy tools" (as they put it), allow homebrew by default.

 

[Meepers55]

I would consider Atmosphere easier to use for the most part nowadays, even if having to jig the console is an inconvenience I'd love to eventually have to not be a thing.

You only really need the jig for the initial setup. AutoRCM is usually better for long-term use.

 

[TheMadHatter]

You only really need the jig for the initial setup. AutoRCM is usually better for long-term use.

That's only the case for pre-patched V1's, They went haywire because this chip (even though SX support sucks, and it makes a lot of homebrewing and mods break (atmo etc) or even brick (incognito on v2's)) allows any console to be hard modded without any jig requirement. Just click power and you're done.

 

[TheZander]

What a awful news! Nintendo is worst ever. Double thumb down to Nintendo.

*modsnip*

I'm convinced

 

[Silent_Gunner]

You only really need the jig for the initial setup. AutoRCM is usually better for long-term use.

Not a big fan of fucking over my hacked Switch, especially as the launch models skyrocket in scalping value on eBay!

 

[HideoKojima]

Bet next time they gonna sell in Bitcoin.

 

[Frankbel]

We shall buy directly from China/Aliexpress.
I will laugh at Nintendo when they will try to pursue the retailers based in China.

 

[TheMadHatter]

We shall buy directly from China/Aliexpress.
I will laugh at Nintendo when they will try to pursue the retailers based in China.

Ninty will target aliexpress resellers and encounter the "two laughing chinese persons in the office", that's always how I imagine them, they don't give a fuck, they're just laughing and stamping 'DENIED we DGAF" lol

 

[r0achtheunsavory]

Inb4 a bunch of kids cry Nintendo shouldn't protect their property.

These morons pretty much fucked up every way possible. They definitely deserved what happened.

Wrong.

#1 - The case entirely comes down to a legal precedent of whether a user should be able to modify their console or not at all. Whether piracy or running Linux or whatever is the goal is irrelevant.

#2 - There's no such thing as intellectual property rights in the first place because it would require a tyrannical, global government to enforce. Enforcing it only on the national level just makes your country misallocate capital and resources to things others are not going to sign up to or enforce any treaties for. More government and more laws are never the answer to anything.

#3 - Intellectual property is just a corporate monopoly and rentier facilitation mechanism anyway. Apple trying to patent "rounded corners" anyone? The law can just as easily be bastardized into virtually anything where someone could patent 'internet forums' and you would have to pay royalty fees to some guy every day for running this site.

#4 - As Aristotle correctly stated, money is required to be a non-perishable, physical commodity resource with traits such as scarcity, uniformity, durability, portability, etc. The act of placing a box of software on a shelf with a label of $50 is in reality just someone trying to pass off 0's and 1's as commodity money.

Since the box has no actual scarcity (just like federal reserve notes), the invisible hand of the market (with the haxors acting as the invisble hand of God to facilitate this) eventually drives the box of software down to it's real price of zero to preserve the value of real commodity money - things like gold and silver.

 

[spotanjo3]

Nintendo has a right but boy, are they greedy, lol! Dirty money!

 

[campbell0505]

I have mixed thoughts on this, I'm all for nintendo protecting their IPs, but at the same time, why go after a reseller, why not go after SXOS themself.

 

[Bladexdsl]

We shall buy directly from China/Aliexpress.
I will laugh at Nintendo when they will try to pursue the retailers based in China.

your too late they've been doing that for months now

 

[Chrisssj2]

Fk nintendo for doing this! Our harware is OURS. We paid for it.

 

[r0achtheunsavory]

Fk nintendo for doing this! Our harware is OURS. We paid for it.

The average leftist GBATemp user doesn't comprehend intellectual property rights requires either a tyrannical global government micromanging everyone as slaves (aka New World Order), or becoming an autonomous hermit kingdom like North Korea with armies of lawyers micromanaging IP internally. In either scenario you're going to be living in tyranny as a micromanaged slave.

 

[TheMadHatter]

your too late they've been doing that for months now

And that's why there are resellers on Telegram, Wickr Me groups, Wired Groups, and various others. It's really not that hard to get a model because Aliexpress might be attacked and they will be forced to take down but after they reach the "laughing chinese customs agents" there isn't much they can do anymore.
They could require by law to scan for chips incoming from china, well good luck with that. They can package it in anything haha

 

[Bladexdsl]

and that's pretty much the only place you can get them now in back chat forums and message boards. thanks to these assholes our biggest seller here ozmodchips won't even touch them.

 

[HideoKojima]

Isn't this so fast? Like usually lawsuits take ages...

 

[LostinWii]

classic nintendo cobra commander style behavior