Nintendo files two new lawsuits against TX-related resellers

Tatsuna · May 19, 2020

medoli900 said:
https://www.greenheartgames.com/201...lator-and-then-go-bankrupt-because-of-piracy/

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

SoulOfGazza · May 19, 2020

Ripped off by uberchips ?

get your money back now from the owner

https://gbatemp.net/members/game_over_tom.470551/

message to gary bowser - tell Max your boss I have passed on all the details to the law firm involved linking him and you to axiogame so expect some papers through the door any day soon
Told you I wouldn't forget you ripping me off

RedBlueGreen · May 19, 2020

weatMod said:
but it isn't it allows you to run linux and android among other things

It includes SX OS which circumvents copy protection and it's entire purpose is for installing that CFW, which allows you to pirate things. So it's illegal under the DMCA. It doesn't matter that it also allows you to run homebrew, it was designed to circumvent copy protection, which it does.

It's objective fact that it violates the DMCA, and falls under what they define as a prohibited product.

TVL · May 19, 2020

mrgone said:
who is old enough in here to know who liksang was?

They did survive the lawsuits filed against them for selling modchips and premodded consoles though... Sony killed them four years later with their lawsuit for selling the PSP to markets where it wasn't released yet. You probably knew that though.

Regarding what is happening with this case I don't think they need to be right, they just let the company they are after bleed to death in court, like Sony also did with the people who made Bleem.

realtimesave · May 19, 2020

MaxConsole aka Gary OPA got into the bad business habit of selling pirated software through service and USB stick (True Blue, not the Madonna album though).

I got perm banned from maxconsole after refusing to review the True Blue and deleting my post of some software that allowed you (for pay) to illegally download copyrighted material possibly directly from Nintendo's servers.

A user called xaiNiax on there recovered my deleted review and re-posted it without my permission but who cares, that shit probably doesn't work any more anyways.

Furthermore, it is funny that everyone knows Max L. owns all of this. Gary has not much money so it doesn't help to go directly after him (nor would I wish anything to happy to Gary anyways, or Max for that matter). These guys have brought us some excellent products and updates.

I can't say that the SX products are not illegal and should be allowed in the US because everyone knows about the DMCA and what it contains so I won't go into that.

I cannot be responsible for anyone purchasing pirated software nor am I dumb enough to sell mod chips and similar items in the US. Just let someone else do that and get busted for it. I don't sell software that I do not own and never will.

p.s. those tempers whom think Gbatemp doesn't cater to computer piracy shouldn't even be using this website. I'm not saying that gbatemp hosts pirated material (they don't, and I know for a fact that they do NOT have a back door or anything hosting any pirated material whatsoever) Let me briefly elaborate. Once GBATEMP disassociated itself from efnet IRC, they no longer had ties at all to any pirated games. Also I don't believe that the owner of this website uses copyrighted material, he has a family and is too busy to pirate computer games. but this web site was founded on piracy and circumvention of copy protection devices. Just be thankful that this website is even allowed to exist.

MagnesG · May 19, 2020

linuxares said:
I always think there is a minority that pirates. Most of them would never bought a game anyway most of the time.

Well it will certainly doesn't spark confidence to the investors and devs, and having the option would limit the growth of purchase rate from the casuals.

Spider_Man · May 19, 2020

they do know sx dongles do not contain any software that circumvents nintendo technological protection.

it as a dongle that exploits a flaw, resellers do not supply dongles with the os software pre loaded.

the user must obtain said os/cfw themselves.

tho cfw and sx os "could be used" it also can be used without pirating, down to the user.
some may want sx os for homebrew/cheats

Hambrew · May 19, 2020

Nintendo Switch Online Outage when?????

Mrperson0 · May 19, 2020

Retroboy said:
the user must obtain said os/cfw themselves.

All purchases come with an SX Pro license, which is the issue. From what I heard, it's the same for these modchips.

Retroboy said:
some may want sx os for homebrew/cheats

Doesn't matter, SX OS still has Nintendo's code such as how XCIs are loaded.

eyeliner · May 19, 2020

Gotta get one ASAP, then.

Switch_Maniac · May 19, 2020

RedBlueGreen said:
It includes SX OS which circumvents copy protection and it's entire purpose is for installing that CFW, which allows you to pirate things. So it's illegal under the DMCA. It doesn't matter that it also allows you to run homebrew, it was designed to circumvent copy protection, which it does.

It's objective fact that it violates the DMCA, and falls under what they define as a prohibited product.

Wait, Atmo isn't also CFW which also allows you to play pirated games?! I didn't know that! Thank you for clarify that only SX allows pirated games to run. I guess from Nintendo's point of view it's all about the charging people for the hack part, right? If SX was free I guess they wouldn't care.

And before you say, but "SX stole from Atmo and then charged people?. That literally has nothing at all to do with this legal action. Nintendo could give 2 shits about what pirates steal from other pirates.

xiaNaix · May 19, 2020

realtimesave said:
MaxConsole aka Gary OPA got into the bad business habit of selling pirated software through service and USB stick (True Blue, not the Madonna album though).

I got perm banned from maxconsole after refusing to review the True Blue and deleting my post of some software that allowed you (for pay) to illegally download copyrighted material possibly directly from Nintendo's servers.

A user called xaiNiax on there recovered my deleted review and re-posted it without my permission but who cares, that shit probably doesn't work any more anyways.

Furthermore, it is funny that everyone knows Max L. owns all of this. Gary has not much money so it doesn't help to go directly after him (nor would I wish anything to happy to Gary anyways, or Max for that matter). These guys have brought us some excellent products and updates.

I can't say that the SX products are not illegal and should be allowed in the US because everyone knows about the DMCA and what it contains so I won't go into that.

I cannot be responsible for anyone purchasing pirated software nor am I dumb enough to sell mod chips and similar items in the US. Just let someone else do that and get busted for it. I don't sell software that I do not own and never will.

p.s. those tempers whom think Gbatemp doesn't cater to computer piracy shouldn't even be using this website. I'm not saying that gbatemp hosts pirated material (they don't, and I know for a fact that they do NOT have a back door or anything hosting any pirated material whatsoever) Let me briefly elaborate. Once GBATEMP disassociated itself from efnet IRC, they no longer had ties at all to any pirated games. Also I don't believe that the owner of this website uses copyrighted material, he has a family and is too busy to pirate computer games. but this web site was founded on piracy and circumvention of copy protection devices. Just be thankful that this website is even allowed to exist.

Nice revisionist history there, Dennis. You wrote MaxConsole's review for StargateNX and then decided you wanted, in your own words, "compensation" for writing the review. After they refused your ransom, and both Gary and I told you paying for reviews was unethical (and you had received the subscription to the service for free) you freaked out and deleted the review. I recovered the article from Google's cache at Gary's request, not even knowing what had transpired. As a result, you decided to punish me by filing a PayPal dispute with your bank and robbing me of the money that you paid for my son's banned Switch. I also threw in a couple of SX Pro's, since you were helping me out by buying the banned console so I could get him a new one. A transaction that had nothing to do with MaxConsole, Gary, or the situation. Luckily, I didn't have any money in that PayPal account and it still sits in the negative because of your sperg out. You also didn't seem to have any problems with "piracy" when you were receiving free product and reviewing numerous items for Gary over at MaxConsole under your numerous pseudonyms. And, given the places you are currently hanging out, you still don't. How's Arb, btw.

eyeliner · May 19, 2020

Also, guys, Ninitento is not targetting TX, but the resellers, so Athmosphere is fine.

Mrperson0 · May 19, 2020

eyeliner said:
Also, guys, Ninitento is not targetting TX, but the resellers, so Athmosphere is fine.

Atmosphere was fine anyway because they are not charging people along with not allowing piracy out of the box. Team Xecuter is harder to get to since they are likely in a country that is hard for them to reach through the court system.

DSAndi · May 19, 2020

Ah well, its the same old story with nintendo. Instead of suing the manufactors, they sue the small shops.
The same reason as always, device to play pirated stuff.
I wonder where all thouse pirates come from. The mean copyed software.

The thing is, no one would copy games if they where cheap and afordable.
Nintendo sells hardware and software most of the time very expensive (cables anyone?).
They can do this and i dont need to buy it. Thats the point i dont need Nintendo stuff.

Granted im a PC player, i get cheap games on GOG.com without DRM. I get cheap games on Steam, i get free Games from Epic and other companys. I get so many games for free or cheap, i dont need to copy a game. I wont bother with it at all, because i cant even play all thouse free games.
If i really want a new game i could go and buy it at full price, but why ? Just wait some time the price will go down.

Actually i dont miss any of Nintendos new games, i dont care about em. I dont care for the switch and the software libary on it.

I get better games , better looking and playing for free. Just this week GTA5 at Epic.

Why ppl still bother with Nintedo, a company that sells you old ROM games for much money again and again on different systems to show there costumers how they valure them?
A company that does sue small ppl selling legal devices, because they know they wont go into lawsuit and they are unable to sue the makers.
They even sell you cardboards for a lot money with questionable funny software.

Not to mention the old hardware, already outdated when it comes out new.

Really i dont really get why ppl still buy consoles and games from Nintendo.
For the few exclusive games, that are basicly the same as always with some changes ?

Ah well dont really matter and i dont care.
Its up to the people who they support and if they like what Nintendo does with those legal actions agains small business ppl.
If they kill all remembering of the old games, because they still want to make profit out of them and offer no fair use on all systems once you did buy it.
Im glad im not missing Nintendo and i dont feel to buy any game or console off em.

kingaz · May 19, 2020

JustBrandonT said:
This is false. By-passing/Circumventions is completely legal when done correctly. IE: Blackbox by-passing is just one example.

One famous case of reverse engineering was the first non-IBM implementation of the PC BIOS which launched the historic IBM PC compatible industry that has been the overwhelmingly dominant computer hardware platform for many years. Reverse engineering of software is protected in the U.S. by the fair use exception in copyright law.[16] The Samba software, which allows systems that are not running Microsoft Windows systems to share files with systems that are, is a classic example of software reverse engineering,[17] since the Samba project had to reverse-engineer unpublished information about how Windows file sharing worked, so that non-Windows computers could emulate it. The Wine project does the same thing for the Windows API, and OpenOffice.org is one party doing this for the Microsoft Office file formats.

- Wikipedia

It is true. Wine is very famous for emulating and reverse engineering WinAPI which is copyrighted work. OpenOffice exists by literally reverse engineering and by-passing all of the copy protections to write an open version of Microsoft Office for Linux and other operating systems..
Perhaps the most famous of all is ReactOS which is literally Windows OS reverse engineered fully.. Likewise Hackintosh is only illegal by Eula and wouldn't stand up in court as Apple refuses to support hardware such as Nvidia GPUs and certain CPUs. You are allowed to reverse engineer stuff for compatibility.

One reason rdpwrap got taken down for is because Microsoft literally owns Github and enforced their Eula. That's about it.

The only problem is that TX actually markets their shit for piracy and even ships with signature patches? IIRC. If that statement is true, they are fucked.

-
As a company, I'd be reasonable and offer a trial.. but the fight will still be there for a licensed version of anything I make. It would suck if someone came into my house and stole my game collections. Likewise, companies feel the same.

I was speaking broadly, but yes, there are narrow exemptions like for reverse engineering.

That being said, these exemptions do not pertain to this case.

Gerd_Mueller · May 19, 2020

My opinion is that this is owsome. Nintendo reached out to the right people! TX is a bunch of suckers since ever, steal soft and hardware ideas and then sell them as there own. And as uber is one of the long members of TX that's only reasonable to do so.

darkriku2000 · May 19, 2020

Curious what way this will go. Sony was never able to take action against DarkAlex, M33, Yifanlu, etc. Yet they were able to get GeoHot to back away from the PS3. Maybe Nintendo will get more success since TX is actually selling something.

Chimech0 · May 19, 2020

8BitWonder said:
Atmosphere does not allow you to run pirated content.
Adding sigpatches to it, a user action that is outside of Atmosphere devs' control allows running pirated content.

SXOS does allow running pirated content, they package all necessary patches within their product and this is completely within their control.

It's pretty clear why they target SXOS and not Atmosphere, my friend.

Actually, the new SX Core/SX Lite and the old SX Pro Dongle per se, don't do anything.
As you say, it requires the user to purposely download a file, put it on a microSD card, boot the system and even then the user has to do additional steps in order to access pirate games.

Also, the SX Core/SX Lite doesn't have the XCI Loader everyone is talking about, that loader is on the software part on the file that the user has to put on the microSD, otherwise it won't do jack.

8BitWonder · May 19, 2020

Chimech0 said:
Actually, the new SX Core/SX Lite and the old SX Pro Dongle per se, don't do anything.
As you say, it requires the user to purposely download a file, put it on a microSD card, boot the system and even then the user has to do additional steps in order to access pirate games.

Also, the SX Core/SX Lite doesn't have the XCI Loader everyone is talking about, that loader is on the software part on the file that the user has to put on the microSD, otherwise it won't do jack.

You're absolutely correct that it doesn't include those features.
Which is why I was talking about SXOS, and not SX Core or SX Lite modchips.

SX Core and SX Lite however are not legal in the US under current DMCA laws. (Or so Nintendo will once again be pleading)

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