Nintendo wins another lawsuit, awarded $2 million in damages against SXOS reseller

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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.

:arrow: Source: court documents, courtesy of Torrent Freak
 

TheMadHatter

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and that's pretty m8ch 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.

The thing is that they haven't fixed the exploit and don't know how to fix it yet. After they fix it chips will come flushing in again.
But it's still easy to get one, you just need to ask the right people.
I bought mine from a legitimate reseller that's still online, went down a few times but keeps coming back since it's just drop shipping and based in china.
There is nothing illegal about homebrew or wanting your console to be completely open for any modification you, as an owner, would like to make.
Of course they can ban you from their services and they have all the right for that but it's your device and you're not breaking the intellectual property or any copyright laws unless you pirate stuff (which i'm against, obviously).

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

No there are different kind of lawsuits, you have short term (shut downs, fines etc.) and long term (conviction, investigation etc.).
This qualifies under short term and idk what judged ruled in their favor but he's obviously a damn hippie that never touched an electronic device. But that's a personal opinion of course.
 

HideoKojima

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The thing is that they haven't fixed the exploit and don't know how to fix it yet. After they fix it chips will come flushing in again.
But it's still easy to get one, you just need to ask the right people.
I bought mine from a legitimate reseller that's still online, went down a few times but keeps coming back since it's just drop shipping and based in china.
There is nothing illegal about homebrew or wanting your console to be completely open for any modification you, as an owner, would like to make.
Of course they can ban you from their services and they have all the right for that but it's your device and you're not breaking the intellectual property or any copyright laws unless you pirate stuff (which i'm against, obviously).

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No there are different kind of lawsuits, you have short term (shut downs, fines etc.) and long term (conviction, investigation etc.).
This qualifies under short term and idk what judged ruled in their favor but he's obviously a damn hippie that never touched an electronic device. But that's a personal opinion of course.
Lol makes sense I mean after all it's coronavirus so things take long usually even if it's the fast track thing. I bet when you're a big corporate you got some previlege

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They did it via Zoom. Kek.
Lol
 

moto4mods

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I don't plan on modding my Switch until its online stuff is discontinued and I don't have to even think about bans anymore.. But I'm still kinda torn on where I stand here. On one hand, the device does enable piracy, yet on the other, it should be the consumer's decision on whether or not they want to modify their console. And on one hand, it goes against Nintendo's terms and conditions you agree to upon using their hardware, but on the other, those terms and conditions are kind of anti-consumer for enforcing a thing like this.

It's just another situation where there is no definitive right and wrong, only a spectrum of subjectivity and opinions. And it's really hard to quantify where I am on that spectrum.
I don't see how SXOS would be any different from REBUG IF it came with webman or multi man. Essentially the same except not prebundled with CFW. Still a tool that enables piracy. Kinda like a screwdriver in your toolbox, its not a box for driving screws, BUT that box DOES enable driving screws. How many people use the tools included? Why is it a software anti-piracy, but SOLDERING to basically Nintendo's (cause you barely own the damn thing) property, is aces in their book.

If you look at legal action taken, Nintendo encourages hardmods for the switch that may render your hardware useless. Outside of the nvidia chip hack in the very beginning, which Nintendo just " updated " against, not a word about (no disrespect to TX) potentially harmful intrusive and not trustable not official OEM or licensed hardware, installed via a method unlike anything Nintendo themselves would do.

And what of the software which (assuming your patched) can't be installed without a hardware mod they have yet to take action against?

Kinda like Nintendo is giving us piracy guns and asking us not to buy the bullets from $CONSOLEiso.site or similar. At the very least, they see there's a piracy gun slinger, and they're rounding up only the street dealers of the bullets, not caring about the gunsmith.

If this were ammunition or firearms, it would be the gun and bullet, not one or the other. How should I see THIS scenario any differently?
 

TheMadHatter

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I don't see how SXOS would be any different from REBUG IF it came with webman or multi man. Essentially the same except not prebundled with CFW. Still a tool that enables piracy. Kinda like a screwdriver in your toolbox, its not a box for driving screws, BUT that box DOES enable driving screws. How many people use the tools included? Why is it a software anti-piracy, but SOLDERING to basically Nintendo's (cause you barely own the damn thing) property, is aces in their book.

If you look at legal action taken, Nintendo encourages hardmods for the switch that may render your hardware useless. Outside of the nvidia chip hack in the very beginning, which Nintendo just " updated " against, not a word about (no disrespect to TX) potentially harmful intrusive and not trustable not official OEM or licensed hardware, installed via a method unlike anything Nintendo themselves would do.

And what of the software which (assuming your patched) can't be installed without a hardware mod they have yet to take action against?

Kinda like Nintendo is giving us piracy guns and asking us not to buy the bullets from $CONSOLEiso.site or similar. At the very least, they see there's a piracy gun slinger, and they're rounding up only the street dealers of the bullets, not caring about the gunsmith.

If this were ammunition or firearms, it would be the gun and bullet, not one or the other. How should I see THIS scenario any differently?

You can youtube a video how to solder it on your TV so you get the perfect screen resolution while using handheld (yup it's impossible since it's soldered to your tv) but because you might be able to pirate something they go all haywire. 50% of the users might pirate stuff so yes that's a problem (but then again, if your friend pirates a game and tells you about it and you buy, tell another friend and he/she buys it as well instead of nobody buying it isn't that a win? But still I'm against piracy in general). The other 50% of the user really want to homebrew, get the most out of their console and run fun things they made themselves and share that with friends.
So is piracy a problem? Sort of? It allows piracy but that's not what the tool is for.
Like you analogy you made yourself with the screwdriver, a baseball bat is used for baseball, or breaking someones legs, or breaking property. So since it it's multipurpose we should just ban it all together and stop all baseball because someone MIGHT use a bat for illegal purposes. kek.
 
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Essasetic

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Thought that might happen. If you can't go after the manufacturer you have to go after the reseller.

This may hurt TX a bit as resellers will be more weary of selling their products because of this.
 

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Isn't this so fast? Like usually lawsuits take ages...
Only if you feel like burning money in stall tactics UberChips is a little shop

but Nintendo has been trying to go after Team X but they remain anonymous

Wasn’t the chip sold as Tool for repairs? Seems like a HUGE score for Big N and the Gaming market after all these years. I just want to know when people will sue for Digital Rights abuse
 
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dangopig

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Another month, another Nintendo lawsuit.

If I were Nintendo, armed with infinite money & wanting to protect my IP, I'd go after the chip makers and stop the problem at its source. It really baffles me why they don't do that :unsure:
 
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TheMadHatter

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You can't deny that 99% of people here are doing some kind of piracy. :)

I can. This site is built for modders, by modders. What people do with the mods afterwards is up to them. This site is for anything but piracy, it's for homebrew, emulation and modification. The fact that people use things for piracy is like saying the internet is used for piracy or saying the dark web is just pure evil.

Of course there are members (mostly those that post once with a question) that are active in piracy activities but most of us aren't. And we will stick to that story! :)
 

linuxares

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Another month, another Nintendo lawsuit.

If I were Nintendo, armed with infinite money & wanting to protect my IP, I'd go after the chip makers and stop the problem at its source. It really baffles me why they don't do that :unsure:
The issue is China probably. They don't really care if their citizens are doing crimes against a Japanese company.
 

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