Nintendo files two new lawsuits against TX-related resellers

Mrperson0 · May 19, 2020

antiNT said:
That's not promoting piracy at all. It also lets us play custom .nsp

These are not necessary whatsoever, as they could be placed as normal homebrew. Then, there's the fact that it can run .xci's.

Goku1992A said:
I'm not a saint because I myself pirate games but lets keep it real most people would have zero interest if they couldn't pirate games that is the highlight of CFW.

I highly doubt that SciresM cares about popularity since they don't even make any money off of atmosphere. It doesn't matter when one or many people use it.

TunaKetchup said:
And like I said. these are family-run businesses

They didn't create the modchip and suing them won't stop the modchip

Doesn't matter. Team Xecuter advertised their mod for piracy, and these resellers sold these items knowing that. It's pretty clear that Nintendo can't go after Team Xecuter directly, so the most they can do is stop resellers.

XDel · May 19, 2020

Do unto others as you would have them do unto you.
Big business will some day reap what all it has sown.

tivu100 · May 19, 2020

Mrperson0 said:
Doesn't matter. Team Xecuter advertised their mod for piracy, and these resellers sold these items knowing that. It's pretty clear that Nintendo can't go after Team Xecuter directly, so the most they can do is stop resellers.

It's easier to go after the distributors since they're small businesses and they are violating the country law.

Filing an international lawsuit against an entity hiding in loose country would be lengthy and costly even if one certainly win.

Nintendo's aim is making it tough for regular Joe to obtain modchip. Which is easy task by taking on distributors.

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

XDel said:
Do unto others as you would have them do unto you.
Big business will some day reap what all it has sown.

Not backing Nintendo, but if anything what you're saying is being applied to TX's business model.

Nintendo would be on a goose chase if they go after Atmosphere and the likes. Nintendo knows and they don't do that.

Here TX making profit using some code from public project. Then sugarcoating it as a business charging money for piracy. Now TX has the real legitimate business going after their shady business. Can't complain here.

smf · May 19, 2020

x65943 said:
Curious how this will play out. The SX doesn't exactly sell with any preloaded games and the assertion that there is no legitimate use (like homebrew capabilities) is false.

They tried that argument with flashcards and the courts rejected it.

Like they would reject a claim that you purchased 10 kilos of cocaine to use as an ornament.

kg2 said:
I'm curious, why does Nintendo not go after those that make sigpatches for Atmosphere?

It's easier to go after companies that you can track down and the courts are more likely to understand the case. They can throw in the "organised crime" angle, which goes down well in court.

If they shut down the thread here, then it would likely show up somewhere else. It's kinda weird how people here go crazy about keys being posted, which legally aren't copyrightable (you can't copyright a number, it has no artistic merit etc) but do violate DMCA/EUCD, but allow the sig patches which fall into the same boat.

TunaKetchup · May 19, 2020

Mrperson0 said:
Doesn't matter. Team Xecuter advertised their mod for piracy, and these resellers sold these items knowing that. It's pretty clear that Nintendo can't go after Team Xecuter directly, so the most they can do is stop resellers.

Yes. Why do you think I don't understand that? That's the exact thing I'm complaining about.

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

Nintendo suing this random reseller will do nothing but hurt the person who runs the site

TX is unaffected
Modchips are unaffected
Piracy is unaffected

Really all Nintendo is doing is setting out to destroy some random guys' life.

pkmnTobi · May 19, 2020

TunaKetchup said:
Yes. Why do you think I don't understand that? That's the exact thing I'm complaining about.

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

Nintendo suing this random reseller will do nothing but hurt the person who runs the site

TX is unaffected
Modchips are unaffected
Piracy is unaffected

Really all Nintendo is doing is setting out to destroy some random guys' life.

Excuse me while I play the worlds' tiniest violin for the "random guys" who are selling/dropshipping products that are illegal in their country.

They knew the risks, Nintendo isn't hurting honest people.

Sueing distributions means less products available in reasonable amounts of times, which means less willing customers. They are doing what they can and it will have an effect - albeit not a permanent solution obviously.

Mrperson0 · May 19, 2020

TunaKetchup said:
Really all Nintendo is doing is setting out to destroy some random guys' life.

They aren't destroying an innocent person's life. The seller knows that they selling illegal things to make a profit.

XDel · May 19, 2020

tivu100 said:
It's easier to go after the distributors since they're small businesses and they are violating the country law.

Filing an international lawsuit against an entity hiding in loose country would be lengthy and costly even if one certainly win.

Nintendo's aim is making it tough for regular Joe to obtain modchip. Which is easy task by taking on distributors.

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

Not backing Nintendo, but if anything what you're saying is being applied to TX's business model.

Nintendo would be on a goose chase if they go after Atmosphere and the likes. Nintendo knows and they don't do that.

Here TX making profit using some code from public project. Then sugarcoating it as a business charging money for piracy. Now TX has the real legitimate business going after their shady business. Can't complain here.

I'm kind of looking at it like this. First off, Piracy does not hurt the industry, so going after and ruining the lives of small guys with small businesses like TX is evil, plain and simple. Secondly, I am pretty sure that TX never had a problem with employees jumping off its roof to their deaths, and then simply placed safety nets around the business as a prevention measure.

tivu100 · May 19, 2020

XDel said:
I'm kind of looking at it like this. First off, Piracy does not hurt the industry, so going after and ruining the lives of small guys with small businesses like TX is evil, plain and simple. Secondly, I am pretty sure that TX never had a problem with employees jumping off its roof to their deaths, and then simply placed safety nets around the business as a prevention measure.

Piracy does hurts the industry, especially those smaller game studios. Imagine you start up, and release your game on a platform which got compromised and can't make sale. Piracy is the reason, it comes into the era that you have to pay for hundreds of stupid DLCs, addons, and game studios decided to split toward certain platform leading gamers having to purchase other consoles & theirs services, instead of focusing on building library for their preferred console.

Distributors ain't employees. If these people are indeed TX employees, prove that, and they're clear. They're employees to do their job, and the company as an entity is the one to deal with the lawsuit, with employees act as witnesses. Calling TX a business is sarcastic in case you still don't get it.

No distributors, then it's checkmate for TX hide and seek business model. TX either distribute these device themselves or they make little sale. Nintendo goes after the distributors for a reason: Nobody would be able to help you against a giant. Is it worth the risk, having your life fucked up for some cowards to taking the big chunk of profits?

weatMod · May 19, 2020

RedBlueGreen said:
Nintendo knows that it won't stop the modchip, that's not possible at this point, and trying would be like pissing in the wind. What they want is to stop the individual resellers they can get while getting some cash, and hoping it'll scare everyone else to keep them from selling it. It doesn't matter that it's a family owned business, because it's an illegal product to begin with, and they're knowingly selling it.

Remember when Nintendo sued the first guy to upload an ISO of New Super Mario Bros. Wii for a cool million? They knew it wasn't going to stop people from downloading that ISO, they wanted to stop sites from hosting it and stop other uploaders. They know they can't stop the end user, and they know it's a waste of time to try to sue everybody hosting the ISO, that's why they go after a big but feasible target, they want to scare everyone else.

For the record I don't think things like this should be illegal any more than I think a cable splitter should be illegal. It's the end user who can use it to pirate, though a lot of people will just use it for homebrew (I'm considering a second switch just for homebrew and rom hacks of games I own, also Skyrim mods), just like how a lot (dare I say most) of the people buying cable splitters in the early and mid 2000s were doing it because the cable company would only give you one box for one TV included in the price of your package.

Disagree here. Some games get ported because they did well. (Xenoblade Chronicles Definitive Edition anyone?) The first party titles did sell pretty well. Super Mario 3D Wolrd sold 5.84M units, New Super Mario Bros. U sold 5.8M, Mario Kart 8 sold 8.45M. They're not porting their first party games because they didn't do well. They're doing it because they sold very well. Guess which first party titles didn't do to well? The remakes of GameCube and Wii games. The people who really wanted to play the new Mario and Zelda games (before all of the BoTW delays) got the Wii U. The first party support was pretty good at first, but Nintendo really shot themselves in the foot by not making a new main 3D Mario game for it (3D World was like a better version of 3D Land, Wii got Galaxy 1 and 2), delaying Breath of the Wild so much that it became a Switch launch title with a Wii U version, no Fire Emblem, and no decent Pokémon spin off (Rumble doesn't count, GC got Colosseum and XD, Pokken was cool but it was a fighting game with a limited roster). Also no decent Kirby game.

it's not an illegal product though

tivu100 · May 19, 2020

weatMod said:
it's not an illegal product though

https://www.copyright.gov/legislation/dmca.pdf

The end of page 3 and most of page 4 would refute your claim.

Modchip is not in exception list.

Essasetic · May 19, 2020

weatMod said:
it's not an illegal product though

This is a debate I don't want to start up again.

But it is.

smilodon · May 19, 2020

How Nintendo dare trying to make those thing hard to buy? This a totally legit product used for totally legit means. TX products should be sold alongside other games in stores and become a top seller.

:rolleyes:

Enryx25 · May 19, 2020

64bitmodels said:
I'm just here so i can get retroarch on my switch... it's the only reason i'm getting an sx lite
also how ironic, youre saying that while youre on a pirating forum
hell, you have over 600 posts
talk about hypocritical

Come on don't act like most of the users here don't actually use SX to pirate games.
This is a emulating/hacking forum btw, not a pirating one. I admit of pirating 3DS games but I acknowledge I'm in the wrong and Nintendo is right in this situation.

MasterJ360 · May 19, 2020

Well maybe if Nintendo didn't have a shitty service that charges us to backup our saves for "certain" games we wouldn't need to hack our switch let alone dump games for other reasons.

Juggalo Debo · May 19, 2020

Dont need darkweb for that just sell from china based store (or other like countries) ship as something inconspicuous like pc parts (like they did with ps3 usb sticks)

Tere Valentin · May 19, 2020

Well heres hoping Xenoblade leaks early before things get much worse.
What surprised me is that Nintendo didnt do sh*t when ACNH leaked early. But hey, I guess thru their eyes, suing resellers and Team Xecute gets them way more $.

RedBlueGreen · May 19, 2020

weatMod said:
it's not an illegal product though

It's sole purpose is to bypass copy protection, which is illegal in the US. Under the DMCA that makes it an illegal product.

"Section 1201 proscribes devices or services that fall within any one of the
following three categories:
- they are primarily designed or produced to circumvent;
- they have only limited commercially significant purpose or use other
than to circumvent; or
- they are marketed for use in circumventing."

It's an illegal product, at least in the US. The reason blank storage mediums (CDs, DVDs, Blu-ray discs, etc) aren't illegal there is because they have legitimate legal uses. I used cable splitters as an earlier example, they have legitimate uses, like plugging in an extra modem or cable box, so they're legal even though they could also be used to "steal" cable.

subcon959 · May 19, 2020

I didn't read all the thread but since it has TX in the title I have a pretty good idea. What I don't get is how it's so many pages. Surely, going after re-sellers of modchips/cfw is a well-established (and defendable) practice by now. It doesn't really change much in the end though.

RedBlueGreen · May 19, 2020

subcon959 said:
I didn't read all the thread but since it has TX in the title I have a pretty good idea. What I don't get is how it's so many pages. Surely, going after re-sellers of modchips/cfw is a well-established (and defendable) practice by now. It doesn't really change much in the end though.

Yes, but it's Nintendo we're talking about who has also tried to sue individuals who modded their Wiis.

This is the best way to go about it. There's no point in suing the end user of mod chips and flash carts because that won't stop anything. Suing the resellers actually makes it more difficult for said products to make their way into the wild (of course they'd probably have to file an injunction to stop the sales of the TX products to actually stop the things from being sold).

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