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Nintendo wins in UK High Court case demanding that certain Switch piracy related sites be blocked

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Nintendo has just won a court case in the UK, in which certain internet service providers must restrict users from accessing certain webpages related to pirating content for the Switch. The case, which took place in the England and Wales High Court, requires that Sky UK, British Telecommmunications, EE Limited, TalkTalk, and Virgin Media must all impede or block access to a set of specific websites that give information on how to illegally obtain games, or give instructions on how to modify Switch hardware in order to play said games. The four websites are as follows:

  • team-xecuter.com
  • sx.xecuter.com
  • sxflashcart.com (R4)
  • xecuteros.com / stargate3ds.org (Stargate)
As it stands, the court case and eventual site-blocking in the UK only refers to those sites, and those of which all have a common link of hosting Team Xecuter/SX content. For those worried, GBAtemp is not involved with this, and will not have users' access blocked, nor do we expect any issue as a result of this ruling. The court case in full can be seen in the source, with certain relevant pieces quoted for easy reading.

  1. Regrettably, third parties discovered that there was a way to circumvent the TPMs by installing custom firmware on the Nintendo Switch. NCL implemented a change to the Nintendo Switch to prevent this in June 2018, but there remains a very substantial number of the earlier, vulnerable Nintendo Switch consoles in circulation and there is evidence of active attempts being made to circumvent the TPMs even on the post-June 2018 Nintendo Switches.


    The circumvention devices
  2. The circumvention devices consist of the SX Pro, which comprises a USB dongle and a jig tool, together with software called SX OS. Having purchased an SX Pro from a reseller, the user downloads SX OS from the first of the Target Websites onto a blank microSD card which the user inserts into his or her Nintendo Switch together with the SX Pro. The user then goes to the second of the Target Websites and, using a licence key stored in the SX Pro, obtains a licence for SX OS, which is then operable on the user's Nintendo Switch.


    The Target Websites
  3. Copies of screenshots of the Target Websites are annexed to the Particulars of Claim. For present purposes, the following features are pertinent.

  4. The first Target Website, which is located at the URL team-xecuter.com, is shown at pages 12-34 in Annex 2:


    i) In a green bar at the top of the home page shown on page 12 are hyperlinks in yellow that link to various other parts of the website and, in the case of that entitled "SX Family Portal", link to the second Target Website discussed below.ii) In the middle of the home page there is a headline "SX OS v2.8 Beta Announcement" below which is a picture of the screen of a Nintendo Switch with SX OS installed on it. The central icon of three icons displayed on the screen is NCL's Joycon logo.iii) On the left-hand side is a box headed "where to purchase" that has the SX logo on the left and proclaims on the right: "If you are looking to buy our SX Family of Team Xecuter products, then please check out our Where To Buy page, listing all of our many valued local and worldwide resellers, as below is just a short recommended list by us."iv) Below this on the left-hand side there are adverts for resellers in various countries such as Canada, and (on page 13) France, Germany, and Spain.v) Turning to page 18, at the bottom of the page just above the video box, in a section headed "SX OS v2.7 Beta Announcement", there is a statement "Of course, behind the scenes we are also still working hard on our solution for those 'unhackable' switches. Good progress is being made, so hang in there!".vi) Page 24 shows the "About Us" page. On the left is a PayPal Instant Delivery advert that offers "USA/EU shipping". The About Us section explains:"Team Xecuter have developed hardware and software for the Xbox Scene since 2001. The initial roots of the group were based on the Xbox homebrew hacking scene, however where we started as a small group of hardcore enthusiasts dealing with extremely gray area market products, we have now grown into a large electrical manufacturer that develops products for many companies around the world.Our heart still lies within the games console community and we are always active in developing new and innovative products that we ourselves use in our gaming lives. Whereas we have long digressed from trading in areas that have now been made illegal in most countries over the years, our ambition is to continue to product quality items at an affordable price."vii) Page 27 show the "Where to Buy" page. This explains, in the middle of the page, that "On this page you will find a updated list of all our authorized resellers around the world that have available our latest Xecuter SX Family Products". Below that is listed a reseller that is said to offer "Shipping worldwide".viii) Starting at page 29 is a "List of Resellers operating within Europe (choose the one best for your area for shipping rates)."ix) On page 30, beside an Irish flag, are listings for "Stores Based in Ireland" that includes, as the first listed, the fourth Target Website (Stargate).x) On page 32, beside a Union flag, is a list of "Stores based in the United Kingdom". The second link down is to the third Target Website (R4).
  5. The second Target Website, located at the URL sx.xecuter.com, is shown at pages 35 to 41 of Annex 2. This Target Website is accessed by clicking on the hyperlink on the first Target Website entitled "SX Family Portal". It is at the second Target Website that a user obtains a license for the SX OS. The link to do this is at the top right of page 35 labelled "Activate SX OS". It is also possible to download updated versions of the SX OS, as can be seen from page 36. NCL contends, and I accept, that it can be seen that, in this and other ways, the two Team Xecutor Websites operate in conjunction with each other. In addition:


    i) On page 35 there is statement "Introducing SX by Team Xecuter The ultimate solution for jailbreaking your Nintendo Switch has arrived".ii) Turning to page 37, in the middle of the page there is a heading SX OS, below which it is explained that "SX OS is our revolutionary Custom Firmware for Nintendo Switch". In the images below this is shown, as the top picture, the screen of a Nintendo Switch onto which SX OS has been installed, with, in the central picture, the Joycon logo displayed. Around the images are various pieces of information about SX OS. At top left it is explained that it works "with every Nintendo Switch console released before June 2018". On the left at the bottom of the page it is explained that you can "Play All Games!"iii) On page 38, under heading "Homebrew Games & Apps" it is stated that "Using SX OS homebrew menu launcher you can enjoy all the quality games and software by independent developers".iv) On pages 40-41 are instructions for the use of SX Pro and SX OS. Installing the SX OS promises, as stage 5, that the user can "Enjoy the latest games and homebrew!".
  6. The third Target Website (R4), currently located at the URL sxflashcart.com, is shown at Annex 3:


    i) At page 43, in the top right, below the box marked "Cart", there is a hyperlink labelled "HACK AMIIBO/SWITCH". In the second row of "new arrivals" on the left there is advertised the "Switch Xecuter SX OS" and "Switch Xecuter SX Pro and OS".ii) On page 44 in the top left there are two more adverts for the circumvention devices. The second of these shows a Nintendo Switch on which can be seen the screen with SX OS loaded and, in the centre, the Joycon logo. The prices are all in sterling.iii) On page 45, middle right, is a section entitled "Hack your Switch 3DS New 2DS by a flashcart." Below the title it states "Flashcard is the best choice to play free games in UK Ireland". The fourth line states "To hack Nintendo Switch, just buy the Xecuter SX Pro and OS". In the bottom right, under "Store Information" it states "SX Flashcart UK".iv) On page 46 is the page reached by clicking the hyperlink "HACK AMIIBO/SWITCH" referred to in the opening sub-paragraph above. In the title box it states "…We support all kinds of Nintendo Switch accessories to play Nintendo Switch games." Below that are further adverts for the circumvention devices including the image of the Nintendo Switch with the custom firmware installed on which the Joycon logo appears.v) On page 47 are various adverts for the circumvention devices. Among them, on the left-hand column and accompanied by an image of the Nintendo Switch, is an offer for "Switch Xecuter SX Pro and OS" with the words "The Nintendo Switch has been hacked already by Xecuter SX Pro and OS" appearing beneath.vi) On page 50 is the page reached by clicking the hyperlink for one of the adverts for "Switch Xecuter SX Pro and OS". The blurb beneath the title states "The Nintendo Switch has been hacked… with this Switch flashcart Xecuter SX the players can enjoy free custom firmware without limits… It can support all the regions…." Similar information is given under the heading "More Info" at the bottom of the page.vii) On page 51 further information about the product is provided. The second bullet point under "Why buy Switch Xecuter SX?" explains "An original Switch cartridge is too expensive, we can save our money to enjoy free games." At the bottom of the page are customer reviews, two of which are from "Ryan P": the top one states "…I ordered from the UK and item was here in 6 days with free shipping method…." The second one states "… I used free postage option to the UK, it took about 8 days to arrive…"viii) On page 52 the second review from the bottom from "Ash B" states "arrived in the UK 05/06/2018".
  7. The fourth Target Website (Stargate), currently located at the URL xecuteros.com but previously located at stargate3ds.org, is shown at Annex 4:


    i) At page 60 is the home page. The website is entitled "Stargate3DS" and next to the title is a ".UK" logo. In the middle of the page there are three purchase options for the circumvention devices, all priced in sterling. The image of the left-hand option shows the Nintendo Switch with SX OS installed and displaying a screen that has on it the Joycon logo.ii) On page 61 in the right-hand column are brief explanations of the Switch Xecuter SX OS "…software to hack Nintendo Switch console…" and the Switch Team Xecuter SX Pro and OS modchip which "hacks Nintendo Switch".iii) On page 63 at the bottom right is "Store Information", which gives an address in "Staybridge UK".iv) At page 65 is the page one reaches by clicking on the option to buy the Switch Xecuter SX OS. The description of the product states "The Switch Xecuter SX OS is a software to hack Nintendo Switch console. It's easy and cheap to pirate a Switch. With Switch Xecuter SX OS, the players can play all kinds of Switch games freely."v) On page 66 the "characteristics" of the product are said to include "Compatible with games outside the regions". Below that is a section headed "Why buy Xecuter SX OS in stargate3ds.org?" The third bullet point promises "All orders in stargate3ds.org are sent free with the tracking number and arrived quickly in UK!"vi) At page 68 is shown the page one reaches by clicking on the option to buy the Switch Team Xecuter SX Pro and OS modchip. The description includes information similar to that shown on page 65 but also states in the final sentence "To pre order a Switch SX flashcart to begin your hack journey in UK and Ireland". At the bottom of the page under "More Info" it explains "The main function of Switch Xecuter SX flashcart is to install CFW [Custom FirmWare] on your Nintendo Switch consoles. After the custom firmware setup on the console you can start to play downloaded free Nintendo Switch games so that we don't need to buy expensive retail cartridge from amazon or ebay."
Click to expand...

Additionally, the UKIE, the Associating of UK Interactive Entertainment, agreed with the ruling and had this to say on the matter:

These circumvention devices, which enable the use of unauthorised copies of video games, jeopardise the businesses of those who uphold and rely upon the sales of legitimate products. As such UKIE fully supports the ruling and wishes to reiterate the strong stance of the UK video games industry against illegitimate operators. The case represents one of multiple industry endeavours to prevent bad actors from infringing upon and exploiting the intellectual property rights associated with games.
Click to expand...

:arrow: Source
 
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wiewiec

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Seems only Nintendo spend their money for this kind of crap, but allowing them do more thing could impact negative to homebrew community. I mostly do not card since I have VPN, but problem exists.
 
AceX

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Court case is just money down the drain. I think if you don't know how to use a VPN or proxy, you probably weren't able to mod your switch in the first place.

Edit: Never post and then read the comments. I feel like a parrot.
 
Last edited by AceX,
FAST6191

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Heh. Did not expect to see TPMs escape technical word limbo. Also the phrasing in the statement really really rubs me the wrong way for reasons I am not entirely clear on right now.

Anyway not happy about this and I think this is a bad precedent. That said the UK has a history of those when it comes to this sort of thing.

Hopefully TX will set up a nice little deep web setup, or join the list of a million mirrors that the torrent sites do.
 
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isoboy

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AceX said:
I don't even know what to say to that.
Click to expand...

In my country our ISP's aren't issuing warnings for anything as far as I'm aware. I download whatever I want. I've hacked, modded, yaddayadda and I don't have a clue how to set up a vpn as I've never needed to or even attempted. It's not an issue for me.
 
TheZander

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If im in the us but use a vpn that's based out of the uk will i still be able to visit the sites? When does this all take effect? I'm going to start screenshoting everything i can on those sites for the people in Britain who might need them.

So if anyone from the Britain or UK gets blocked and would like to look at a link just pm me and I'll send you a screenshot of i hopefully already made it
 
linuxares

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People really don't understand how cooperations must protect their intrests? It's common, even Sony and Microsoft does it. Sony goes after people claming to sell hacked PS4s on ebay for example. They explicitly go after people that claim it's for piracy. As I said earlier mom and pop won't go to GBAtemp and set things up. SXOS is simple and easy to use. That's what it sell on. So if it's blocked, they will think the device is useless. Because you and me know how a VPN or alternative DNS works. Doesn't mean the big mass does. It simply don't. I for example don't know a lot about cars. I want my car to go from A to B and if I want something major fixed, I let my mechanic fix it. He knows more tricks probably than I do. Can I look it up? Sure if I know what to look for. Same is with hacks etc. The average person don't know.
 
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morvoran

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linuxares said:
Gbatemp however do not host said material. Piracy tools itself aren't illegal, but the usage of them is. It's a reason why we are a bit fast on pulling the gun on what might be considered copyright/illegal since it's a gray area in some places. We wish to keep the site active both for us but for you as well.
Click to expand...
I understand all that. What I said would be more clear if you read my first post and the post I was replying to as that would put my post you replied to in context.
I was not implying that GBAtemp is a piracy site, but it could be seen as one if these internet censoring laws grow and cover a more broader sense of the term. Just mentioning team-xecuter and posting a review or details of it's Switch hacking software could trigger Nintendo to go after this site for piracy in the future then.
 
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Essasetic

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wiewiec said:
Seems only Nintendo spend their money for this kind of crap, but allowing them do more thing could impact negative to homebrew community. I mostly do not card since I have VPN, but problem exists.
Click to expand...
I'd argue that this is actually good for the homebrew community. The majority of devs hate TX anyway and will probably rejoice the day they fall.

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

Also, this is an issue with piracy. Not emulators/games/applications.
 
wiewiec

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Essasetic said:
I'd argue that this is actually good for the homebrew community. The majority of devs hate TX anyway and will probably rejoice the day they fall.

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

Also, this is an issue with piracy. Not emulators/games/applications.
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Yes... now TX and next Atmosphere... blocking it is bad sign
 
Deleted member 331788

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First the porn sites and now this! Why don’t they just block the whole internet!!! Like in North Korea :)

There’s a lot of worse sites so why not block them also...but hey this in Nintendo and the UK courts!!!!
 
MasterZoilus

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This is just like piratebay and kickass torrents. So they block THOSE names, all those sites will just have new names/sites with "new ownership" and they'll still be around. I mean KA and PB are STILL here and companies just gave up trying to fight them, because they will just rise up again with a slightly different name with another group of people running them. Hell , even emuparadise still works with a work-around.
 
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I like how they blocked SX OS sites...
But SX OS sites do not actually sell anything to you at all... The software you get from they is pretty useless without the device. XD

The resellers is where all of the shadowy products are. XD
 
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Hells Malice said:
It's so adorable kids still use the homebrew excuse. Homebrew is basically dead these days. 99% of people just use it for piracy. You're actually braindead if you're too stupid to understand why a company would wish to slow down piracy for their flagship device.
Oh nooo Nintendo why are you protecting your IPs from people who wish to steal it?!

Do me a favour, leave your front door unlocked so I can come use some homebrew in your house (and leave with all the valuables of course). Apparently you think that's fine and dandy.
Click to expand...
reading thismade me laugh thanks for that.
 
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I honestly don't like the idea of ISPs blocking a website for any reason. It should be up to the domain to remove nono sites like that. The only job ISPs should have is to take me to x website, and that's all. If this happened in the US, I'd be pretty pissed. I know I can get around it pretty easy with a VPN or w/e. But, it's the principle of the matter!

One moment the ISP blocks piracy sites, the next moment, we have the Great Firewall of China in the US! I don't like to give the ISPs even an inch.

But hey, this is the UK. You seen that Watch Dogs 3 game play? Yeah, that's probably their future, with, or without Brexit.
 
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