If you thought the arrest of some of Team Xecuter's group would be the end of things for the two sides, you'd be wrong. It's Bowser VS Bowser, as Nintendo of America--and by extension Doug Bowser, has filed a lawsuit against TX's Gary Bowser. Gary Bowser was arrested last year alongside cohort Max Louarn, with the former having been extradited to the United States, and the latter still in custody in Canada, facing extradition as well. Bowser was already dealing with 11 counts of felony charges, and now this new lawsuit, filed in NOA's home turf of Washington State, adds to his list of problems.

Nintendo alleges that he trafficked piracy devices in the form of SX, and also infringed upon the company's trademarks. As a result, the house of Super Mario is seeking compensation, to the tune of $150,000, as well as charges of $2,500 per "willful violation". Depending on how things go in court, Nintendo may even try to go after a cut of sales profit that Bowser got from selling SX chips. The full, lengthy legal diatribe is available below, courtesy of Polygon.

Source

 

[CompSciOrBust]

Gary Bowser was arrested last year alongside cohort Max Louarn, with the former having been extradited to the United States, and the latter still in custody in Canada

I'm pretty sure Max wasn't extradited, at least not yet. He's still active on Instagram.

 

[FAST6191]

You'd think the big hotshot lawyers could manage to spell GBAtemp right :/

Does this mean when you get called to testify you can claim not to be a member of capital T gbatemp?

 

[mspy]

So the guy was initially arrested not because Nintendo but because of some 'felony charges' ? Still it would not be surprised if those so called 'felony charges' were moved behind the scenes by the Nintendo ninjas.

 

[CTR640]

And not one single human on this planet thinks there is a sus in the court: Luigi!
If Bowser gets killed, it's time for Luigi to shine!

 

[orangy57]

I don't like Team Xecuter as much as the next guy, but I really hope that Nintendo loses (even though they obviously wont) since it'll be a massive W for modding law or whatever

I think Xecuter selling licenses for SXOS is going to be the specific thing which will cause them to lose the lawsuit though. I'd way rather see a non-shady company stuck fighting against Nintendo, since any losses in the whole court of law will cause judges to look negatively upon all hardmod salesfolks in the future

 

[Deleted User]

... The logical flow of this would be to recoup any profit, including possible Sports Cars if any, and funnel that into whatever costs they incur for Joy-Con drift lawsuits.

 

[Hells Malice]

That price seems extremely low considering how much they must've made from the SX, though i'd assume they WOULD go after the profits made from the SX.

Nintendo is just a joke

Hurrdurrr company protecting its property bad hurrdurrr

How can anyone actually be dumb enough to hold an opinion like this lmao
Be pirating scum like most of us but don't pretend you're on some high horse for theft. You're stealing thousands of hours of work developers put into making games. You're not on a horse, you're on a donkey dragging its belly through a swamp and you're hanging over the side with your mouth open.

Anyone trying to hide behind "they just enabled homebrew!!"
Gimme a break. SX was for piracy, we all know. No one actually uses homebrew anymore unless it's to enable piracy, or emulate consoles...to pirate previous gens.

 

[Subtle Demise]

kirby is named after a lawyer who helped Nintendo back in the day.

https://en.wikipedia.org/wiki/John_Kirby_(attorney)

I always thought he was named after the vacuum cleaner brand. That seemed sensible at the time

 

[Sonic Angel Knight]

It's Bowser VS Bowser, as Nintendo of America--and by extension Doug Bowser, has filed a lawsuit against TX's Gary Bowser.

Really? Maybe they just want to invite them over to play super smash bros. Find out who is the best Bowser. Personally, mirror matches are kinda boring, but I watch this one if I had the chance. Just no pay-per-view

 

[Andy2001]

Lmao, the final battle has begun!

 

[CompSciOrBust]

That price seems extremely low considering how much they must've made from the SX, though i'd assume they WOULD go after the profits made from the SX.

Reading the document I think it's actually 150K per image of Nintendo's games posted on the xecuter websites. Plus the $2500 for the other stuff. It wouldn't make sense to sue Gary for less than what they sued Game_Over for.

Hurrdurrr company protecting its property bad hurrdurrr

How can anyone actually be dumb enough to hold an opinion like this lmao
Be pirating scum like most of us but don't pretend you're on some high horse for theft. You're stealing thousands of hours of work developers put into making games. You're not on a horse, you're on a donkey dragging its belly through a swamp and you're hanging over the side with your mouth open.

Anyone trying to hide behind "they just enabled homebrew!!"
Gimme a break. SX was for piracy, we all know. No one actually uses homebrew anymore unless it's to enable piracy, or emulate consoles...to pirate previous gens.

I know lots of people who use homebrew for non-piracy related stuff. I won't argue that SXOS is not targeted at pirates but the only reason I am able to develop homebrew now is because of the SX Core.

 

[Bladexdsl]

nintendo ran out of people to sue so they are suing their own characters now!

 

[GbaNober]

This is a mirror match

 

[godreborn]

kirby is named after a lawyer who helped Nintendo back in the day.

https://en.wikipedia.org/wiki/John_Kirby_(attorney)

one of my friends in the ps3 scene, who's no longer in the scene, his last name is Kirby, but I'm not sure, it may be spelled as Kerby. pronounced the same way afaik though.

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

he's the only person in any scene that I have the phone number of, where we text each still to this day.

 

[JaNDeRPeiCH]

Bowsette looks more like a lawyer than anyone else from the mario world.

Fixed for the lols xD

 

[Deleted User]

KAIJU FIGHT, FUCKING EPIC!

 

[Deleted member 534570]

Piracy will still live on in the archives.

 

[Ericzander]

Nintendo is within their right to sue.

They're also entitled to ask for those damages.

Whether they'd be granted those damages if they win is a completely different story. I'm a criminal defense lawyer, not a civil lawyer, but I know that when you make a civil complaint you should almost always ask for the most you can get out of the defendant because the court can always grant you less than you ask but will rarely grant you more.

The Big N would be foolish to ask for less than they did.

 

[The Catboy]

This idea seems funny to me for some reason. I wonder how SX buyers would react to that news.

Also, I was searching for mentions of GBAtemp and found these gems:

I wonder if theres anything else I missed further up.

Oof, I wonder how this affect the Temp, if it does at all?

 

[Xzi]

No items, final destination only, Bowser only.

 

[MarkDarkness]

Nintendo should focus on fixing their defective, shameless, lawsuit-worthy controllers if they have the time in their hands to be doing this kind of thing. They claim it's a supplier problem. Serve the supplier a fucking lawsuit.