Nintendo files lawsuit against RCM Loader seller, claims piracy is a worsening international problem

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Nintendo isn't done trying to take legal action against those trying to let users hack their Nintendo Switch consoles. They've filed yet another lawsuit recently against defendant Le Hoang Minh, who has been accused of selling devices that allow for the "circumvention of a technological protection measure that controls access to a copyrighted work and trafficking in devices intended to circumvent technological protection measures". Minh has, according to the legal documents, previously sold "jailbreak device" RCM Loader through Amazon, to which Nintendo issued a DMCA notice. The seller then filed a counter claim against Nintendo, and continued selling the device. Now, Nintendo is looking to sue for damages--a whopping maximum of $2,500 per violation--and to prevent Minh from being able to sell such products ever again.

Nintendo's lawyers claim that piracy has become a "serious, worsening international problem", to which the company has focused on taking action against, as seen in the numerous lawsuits and legal battles we've seen crop up in the past year. In May, Nintendo went after Tom Dilts Jr., owner of Uberchips, who was a reseller of SX OS and other Team Xecuter products. Team Xecuter themselves also ran into legal issues, with the FBI arresting two of their members last month.

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GatoFiestero

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and thats like saying the RCM LOADER is not illegal itself aswell its a everyday chipset in the device, flashed for pushing a payloader. so how does nintendo go after them for that. its a run around then
Even if Nintendo manages to demonstrate that the RCM Loader and its payloads are used to exploit the fusee-gelee vulnerability, this does not imply that it is for piracy, but may be for educational purposes. And even if Nintendo manages to prove that everyone is using the RCM Loader for hacking, that doesn't imply that the culprit is whoever built it. This is the easy part, from here Nintendo's lawyers have to break their heads to be able to sue.
 

Technicmaster0

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the jig is not illegal
the RCMLOADER is when u have payloaders included

* NOTE TO NEW SELLERS *
DO NOT INCLUDED PAYLOADERS ON YOUR DEVICES
Not true. Courts also check the purpose of the device. At least here in europe.

Even if Nintendo manages to demonstrate that the RCM Loader and its payloads are used to exploit the fusee-gelee vulnerability, this does not imply that it is for piracy, but may be for educational purposes. And even if Nintendo manages to prove that everyone is using the RCM Loader for hacking, that doesn't imply that the culprit is whoever built it. This is the easy part, from here Nintendo's lawyers have to break their heads to be able to sue.
According to the eugh ruling I linked on the second page, the courts have to check what the device is beeing used for (that can go as far as to check the actual customers) and that's what it's all about. Do they use it for legal purposes? Nintendo looses. Do they use it for piracy? Good luck to the shop owners.

"the evidence of actual use which is made of them by third parties will, in the light of the circumstances at issue, be particularly relevant. The referring court may, in particular, examine how often PC Box’s devices are in fact used in order to allow unauthorised copies of Nintendo and Nintendo-licensed games to be used on Nintendo consoles and how often that equipment is used for purposes which do not infringe copyright in Nintendo and Nintendo-licensed games."
 
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Arolandis

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The only reason I wanted to hack my switch was to get retroarch on it since they canned their freaking virtual console service.
I was happy about their last lawsuit win since I dont want piracy keeping 3rd party devs from making games for the Switch (was happening to PSP), but they need to stop. I dont want their console without emulation and I'm not paying for their shitty online crap.
 
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Technicmaster0

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The only reason I wanted to hack my switch was to get retroarch on it since they canned their freaking virtual console service.
I was happy about their last lawsuit win since I dont want piracy keeping 3rd party devs from making games for the Switch (was happening to PSP), but they need to stop. I dont want their console without emulation and I'm not paying for their shitty online crap.
Just a side node: the xbox consoles offer a devmode which can be used to install retroarch on the console (it's a bit limited but the feature is cool nontheless)
 
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Goku1992A

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If games was cheap and not still $60 for the last 3 years we wouldn't have as much piracy as we have now. I understand why Nintendo is trying to sue the reseller the RCM loader "enables piracy" only a matter of time before they try to go after atmosphere if they are using that logic

@eyeliner
As much as I like game pass I'm slowly shifting away from it. $180 a year you can buy most of the microsoft exclusives for half the price and own the game. I'll still keep Xbox Gold and get it at a discounted price but I rather have ownership versus subscription series
 

MasterJ360

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Its not really just piracy, they despise any kind of modification to their software and games also hated homebrew dating back to the Wii. They literally fired some guy months back on Youtube who was working under them just for showcasing BOTW mods lol. This is just them trying to make an excuse effort to purge all exploitable devices. RCM doesn't promote piracy, but it still enables it as a possible end user option, you know behind closed-doors.
 

CTR640

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Nintendo, you're the reason people are pirating because your shit is way too expensive.
€349 only for the Switch and the games are absurdly expensive, €60 and I saw there are a shit ton of paid dlc's. And you're way too paranoid you even sued a Super Mario marathon! You simply sue anything and everyone!

I'm so glad I didn't buy the Switch as me and my cousin wanted to buy one and each of us will pay half. But it seems Nintendo doesn't want our money ¯\_(ツ)_/¯
 
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yaykittykitty

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Next they will be going after people selling jigs. I can understand piracy, not many people can afford many games at £50 each but I don’t partake in such activities I just want to edit my game saves, what’s the crime in that
 

GatoFiestero

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Nintendo, you're the reason people are pirating because your shit is way too expensive.
€349 only for the Switch and the games are absurdly expensive, €60 and I saw there are a shit ton of paid dlc's. And you're way too paranoid you even sued a Super Mario marathon! You simply sue anything and everyone!

I'm so glad I didn't buy the Switch as me and my cousin wanted to buy one and each of us will pay half. But it seems Nintendo doesn't want our money ¯\_(ツ)_/¯

If a person from the Netherlands with a much better standard of living thinks this, imagine what we think in Latin America where everything works like shit and things are even more expensive with inflated prices and low salaries.
 

eyeliner

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@eyeliner
As much as I like game pass I'm slowly shifting away from it. $180 a year you can buy most of the microsoft exclusives for half the price and own the game. I'll still keep Xbox Gold and get it at a discounted price but I rather have ownership versus subscription series
A very fair assessment. It really depends on your mileage. If you like to play everything, it's hard to find a fault in it.
But if you want to keep your library small, sure, purchase games separately is a better approach.
 

Viri

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Piracy will end when its more convenient to buy a game than to steal it.
Then they need to stop selling ports for 60 dollars, and drop the price of their games like every other company does. Also, if I bought a VC game on the Wii, I should be able to play it on my Switch.
 
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CTR640

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If a person from the Netherlands with a much better standard of living thinks this, imagine what we think in Latin America where everything works like shit and things are even more expensive with inflated prices and low salaries.
True. Nintendo is such a crybaby I totally lost any of my respect to them as they simply go on "pIrAcY iS dAnGeR0uS aNd wE mUsT sUE aNy0ne!!!!!1!1!" bullshit. If piracy was a serious issue, then a lot of businesses would have gone bankrupt. Nintendo keeps using the law as an excuse and chose a country if the winning % is higher than in other country.

Even for Netherlands €60 is too much and so far the prices have been kept the same since day one of release.
Games on other platforms are reduced and or discounted after some time but Nintendo? Holy shit, they are so stubborn!
 
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