Nintendo Switch hackers Team Xecuter leaders arrested, charged in federal indictment

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The United States Department of Justice has shared some news regarding Team-Xecuter, which doesn't appear to be a good sign for the company. Gary Bowser, known on GBAtemp as garyopa, Max Louarn, and Yuanning Chen have all been arrested in Seattle, Washington. The US Government classifies these men as "leaders of one of the world's most notorious videogame piracy groups", and will be facing a federal indictment charge, for the selling of illegal hardware that facilitates piracy.

“These defendants lined their pockets by stealing and selling the work of other video-game developers – even going so far as to make customers pay a licensing fee to play stolen games,” said U.S. Attorney Brian Moran for the Western District of Washington. “This conduct doesn’t just harm billion dollar companies, it hijacks the hard work of individuals working to advance in the video-game industry.”

The FBI has also been involved, with each defendant to be charged under 11 felony counts, ranging from wire fraud, trafficking circumvention devices, and conspiracy to commit money laundering. One of the defendants, Louarn, has not yet been extradited, though Bowser has, where he was seen in the court hearing that took place today.

In September 2020, Louarn and Bowser were arrested abroad in connection with the charges in this case. The United States will seek Louarn’s extradition to stand trial in the United States. Bowser was arrested and deported from the Dominican Republic, and appeared today in federal court, in New Jersey.

Each defendant is charged with 11 felony counts, including conspiracy to commit wire fraud, wire fraud, conspiracy to circumvent technological measures and to traffic in circumvention devices, trafficking in circumvention devices, and conspiracy to commit money laundering.

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SlCKB0Y

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There are substantial non infringing uses to play with but if the makers of the emulated devices or gaming running on them really wanted to they could make life very hard with what would ostensibly be a legit case

‘my point is that emulation can allow legally obtained and purchased software to be run on hardware which it was never intended to. The end user who does this is breaching their license agreement, but the act is not criminal. If the reverse engineering and implementation of the emulation is clean then the developers are in the clear too.

The perfect example of this is Bleem, which existed during the lifetime of the PlayStation. It allowed emulation of PlayStation on PC but they never condoned piracy - the user was expected to use genuine Sony discs. Sony sued and lost. They bankrupted the company but that’s besides the point.

‘what these guys were doing was straight up facilitating piracy, and doing it brazenly and for a long period. And they got arrested for it - it’s not the same thing.

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Bunch of whining babies on GBA celebrating a demise like this, only jut after ~1 month that the DOJ went after -SPARKS and literally obliterated the real scene, you guys say scene here scene there,

Bla bla bla bla. You’re not actually saying anything. What we’re seeing here today happens literally EVERY console generation. A group gets a bit too cocky and crosses that line and they end up getting in the shit, either with the government or whatever company they are ripping off. I’ve seen this happen time and time again, back to dextrose.com during the n64 days. Bung enterprises/Lik Sang anyone??
 
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Goku1992A

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@lolcatzuru & @The Minecrafter

Here is an example Atmosphere doesn't ship it with piracy you are correct but a 3rd party enable piracy on the CFW. The team is turning a blind eye versus killing the exploit to allow the sigpatches so in a way they are aiding and abiding illegal activities. Its just like a thief used you car to steal even though you didn't steal but you are aiding and abiding the thief to commit the crime. I'm pretty sure Gary is going to get a plea deal but he is going to rat out evreyone including SXOS and Atmosphere they are on the opposing side but again it's all the same thing. I'm afraid the switch scene may turn into the PS4 scene really soon.
 

SlCKB0Y

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but all you guys want to say now is fuck you SX OS because they sold licenses

‘No. Screw them because the guy running the group has literally been a major career criminal for the last 30 years. A total crook.

Anyone who went into business with Max should have done their research on him.
 
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MK73DS

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@lolcatzuru & @The Minecrafter

Here is an example Atmosphere doesn't ship it with piracy you are correct but a 3rd party enable piracy on the CFW. The team is turning a blind eye versus killing the exploit to allow the sigpatches so in a way they are aiding and abiding illegal activities. Its just like a thief used you car to steal even though you didn't steal but you are aiding and abiding the thief to commit the crime. I'm pretty sure Gary is going to get a plea deal but he is going to rat out evreyone including SXOS and Atmosphere they are on the opposing side but again it's all the same thing. I'm afraid the switch scene may turn into the PS4 scene really soon.

Sure. When you get full control over the device you own, you can pirate games. This doesn't mean Atmosphere is aiding piracy.
Following your logic, knives should be banned from stores because they are aiding murdering... So are all power tools. It's not because you can use it do to something illegal that the tool should be banned. Your usage is illegal. Not the tool. Atmosphere is safe.

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Yea right because everyone who has a Hacked Switch is a Pirate... aight mate.. *insert facepalm*
I'm using it to Play PSP Games, Using Cheats and to Backup my Savegames..

I was replying to someone who explicitly spoke about pirates. Please read the quote before complaining.
 
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Joom

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@lolcatzuru & @The Minecrafter

Here is an example Atmosphere doesn't ship it with piracy you are correct but a 3rd party enable piracy on the CFW. The team is turning a blind eye versus killing the exploit to allow the sigpatches so in a way they are aiding and abiding illegal activities. Its just like a thief used you car to steal even though you didn't steal but you are aiding and abiding the thief to commit the crime. I'm pretty sure Gary is going to get a plea deal but he is going to rat out evreyone including SXOS and Atmosphere they are on the opposing side but again it's all the same thing. I'm afraid the switch scene may turn into the PS4 scene really soon.
The word is "abetting", and no, it's not the same. Aiding and abetting to a crime means intent has to be involved. Atmosphere doesn't intend for anyone to use their software for piracy, just like bittorrent clients, but people do it anyway and they have no control over that. It's open source, too, so even if they "killed the exploit", someone would just fork the project and reverse the changes.
 
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Goku1992A

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Sure. When you get full control over the device you own, you can pirate games. This doesn't mean Atmosphere is aiding piracy.
Following your logic, knives should be banned from stores because they are aiding murdering... So are all power tools. It's not because you can use it do to something illegal that the tool should be banned. Your usage is illegal. Not the tool. Atmosphere is safe.

Nintendo wants no piracy... okay SXOS is out of the game but atmosphere is still releasing CFW and 3rd party groups are using the sig patches that isn't going to fly with Nintendo. The only way Atmosphere will be safe if they kill the sigpatches all together.

Atmosphere isn't the problem but the sigpatches is. Nintendo just want to kill the snake all together
 

linuxares

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Wow I to take off my hat to the feds. They really done a stellar job. I'm reading the PDF indicment, and they really done a heck of a job. Seems they manage to get a hold of their email communication as well.
 
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Tumbleweed

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That's also what I'm celebrating.

Don't you know there's a working alternative called Atmosphere? So what exactly you're celebrating?

@Sickb0y I'm not entitled to say anything or coming to early conclusions like most of u guys are doing...All I'm saying is theres no compassion or solidarity in this community and when I say u guys talk a lot of BS it's because all scenes are toxic nowadays, this is not a TX exclusivity, times changed piracy does not share the same core values as it once did in the past. It's a profitable activity for most people, no wonder there are p2p crackers asking for crowdfunding to crack Denuvo.. WTF... I'm prolly too old to understand this generation. Hatred people.

@garyopa was one guy and if you read the indictment you will understand this is much more focused on the resellers than rather TX itself, hell the site/discord/servers are all working normal this doesn't sound to me like the end of TX just a time out...

Edit: Even disagreeing with TX methods I would NEVER celebrate something like this.
 
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Plasmaster09

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you don't know what this means do you? if team Xecuter goes down what's stopping nintendo from going after atmosphere devs? or even Us?
reasonable boundaries, that's what.
the reason they can outright arrest team xecuter's leaders is because they weren't exactly the brightest and basically sold hacking hardware with the explicit intent of "you can use this to pirate games".
 

britain4

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Without getting too much into the politics of it all - I’ve had my Switch with SX Core for about a month before all this has happened (now stuck with a current SX OS version causing boot issues) so I’m hoping someone finds a way to make the chip work without any reliance on TX software otherwise we’ve got millions of Switches un-hackable again
 

Joom

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Without getting too much into the politics of it all - I’ve had my Switch with SX Core for about a month before all this has happened (now stuck with a current SX OS version causing boot issues) so I’m hoping someone finds a way to make the chip work without any reliance on TX software otherwise we’ve got millions of Switches un-hackable again
This is why everyone loses when it comes to DRM. Live and learn, though, I suppose.
 

Tenny

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Without getting too much into the politics of it all - I’ve had my Switch with SX Core for about a month before all this has happened (now stuck with a current SX OS version causing boot issues) so I’m hoping someone finds a way to make the chip work without any reliance on TX software otherwise we’ve got millions of Switches un-hackable again

Not 100% sure about that, but can't you update the OS with the USB thingy? it should be included when you purchased the SX Core/Lite.
 

rich333

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I hope they leak the SXOS source so it can be updated or maybe the usb xci loading function can be added to AMS
 

Goku1992A

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At the end of the day this sucks I personally have 2 switches so I have atmosphere and SXOS. For those on SXOS dont be so quick to jump ship just wait and see what news to come if the shoe was on the other foot alot of Atmosphere users would be trying to jump ship to SXOS.

Just wait and see how everything plays out. I like SXOS and Atmosphere just in stuff like this it looks pretty bad but I cant tell the future.
 
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