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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shulkmad

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It's funny how misinformed people are I read a few post on here saying that Nintendo isn't right for doing this because CFW does not equal piracy but as I've stated many times before and people keep ignoring you can't circumvent anti-piracy measures in place on a device that in itself is illegal regardless of your intended use (before anyone says apple phones are considered to be computers and as such follow different laws)

this is the only post in this entire thread that understands how the DMCA law works. glad atleast some people understand how it works
 

Kubas_inko

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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.
So ninty can actually sue paper clip manufacturers. noice /s
 
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godreborn

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maybe legit users like me should file a class-action lawsuit against Nintendo for not caring about legit users. constant lawsuits against piracy devices, not adding anything new to the os of the switch. I can tell you that's not what I expected from Nintendo. I didn't expect the os to be even more laughable than the wii u's. I think I'm going to go with playstation next time because of this.
 

smf

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Well, in my opinion, Ninty isn't correct this time, since SX actually promoted piracy.. This just lets you modify your console, which doesn't mean piracy. They'll still probably win the case...

To be fair to Nintendo the law is on their side.

i want them to try this on european court ;)
if they were ever serious they would not have released joycons with this drift problem

Which country? They had success suing DS cart sellers a few years back.

This PISSED ME OFF!!!!!! RCM Loader devices DO NOT help you with piracy at all they are IDIOTS!!!!!!

What do you mean "at all"? That is like saying guns don't kill people, it's the bullets that kill people.

if the judges in the court are smart. they will not let this lawsuit win and toss that case out.

I think it will come down to their understanding of the law, I kinda like Nintendo's chances.

So ninty can actually sue paper clip manufacturers. noice /s

I'm not sure about the paper clip as that only puts the device into RCM mode. I believe fusee gelee and sept are problematic though.
 
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godreborn

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I honestly don't get why Nintendo can't combat piracy and offer new features at the same time. Sony does it pretty well. Nintendo is not going to have any fans if they keep suing people while neglecting their fanbase. at this point, I will not buy a Switch 2. and, I own 133 switch games.

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

who cares if your security sucks. you're still making a lot more than the competition. NIntendo simply doesn't care about their fans, otherwise we'd have a lot more features with the switch. if you're going to bitch about your bad security, actually hire people who know what they're doing.
 
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LuxerWap

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This is Nintendo we’re talking about. They company who took down ROM sites, made the Project M devs panic and stop working on the mod, who took down Mario fanmade games, AM2R, Pokemon Uranium and Prism.

Nintendo is doing Nintendo stuff and I am okay with it. They have legal rights to take it down cause it’s using tools on their IP. We have this discussion over and over again, and people still think this is new.
 
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leerpsp

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well iv not used my hacked switch in over a year besides animal crossing hacks and iv stopped using that for a good long wile and I buy all my games anyway and because of that I'm gonna sell my hacked switch. I will prob end up with another one but I really want to use the money to buy a quest 2.
 
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smf

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who cares if your security sucks. you're still making a lot more than the competition. NIntendo simply doesn't care about their fans, otherwise we'd have a lot more features with the switch. if you're going to bitch about your bad security, actually hire people who know what they're doing.

So it's ok to steal from rich people?
 

bobmcjr

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The anti-circumvention clause is some of the most vague anti-consumer bullshit, would be nice if that line item got repealed outright. I honestly can't think of a single downside to repealing it besides large corporations and the RIAA whining more than usual. It always seems to contradict the "you are permitted to make one backup" clause anyway, unless you have a 100% pure software solution in which case it's ok for some reason?

In the case of Nintendo, either fix your security or fix your outright service problem that causes people to turn to things like this in the first place. Or go the Xbox One dev mode route and make your security so competent that you feel comfortable opening up the device.


If Nintendo put half of their legal budget into actual security experts, this probably wouldn't even be an issue.



Edit:
At this point, I think Nintendo is arguably a greater evil than Disney, which is not an easy feat. At least Disney doesn't really dabble in the nuances of hardware themselves. Both companies' IP are greatly overvalued and both play obnoxious games in the process of releasing it, but Nintendo is on another level these days. I am genuinely curious about the budget allocations and staffing numbers of their legal departments, but I feel like it would just be depressing.
 
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Technicmaster0

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The anti-circumvention clause is some of the most vague anti-consumer bullshit, would be nice if that line item got repealed outright. I honestly can't think of a single downside to repealing it besides large corporations and the RIAA whining more than usual. It always seems to contradict the "you are permitted to make one backup" clause anyway, unless you have a 100% pure software solution in which case it's ok for some reason?
The one backup rule is for computer programs. Games are protected by both aspects: the computer program and the creative work (music, pictures etc). You are probably permitted to backup the system settings or the eshop but not the actual games.
 

bobmcjr

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The one backup rule is for computer programs. Games are protected by both aspects: the computer program and the creative work (music, pictures etc). You are probably permitted to backup the system settings or the eshop but not the actual games.

No, games are absolutely 100% "computer programs". Nintendo even admitted that the "one backup" exemption applies to their games: "The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic"

(they finally got rid of this god awful page as far as I can tell, so I had to grab it on Wayback: http://web.archive.org/web/20190206234131/https://www.nintendo.com/corp/legal.jsp#download_rom )

Think of it this way. Nintendo would've fucked emulation projects years ago if the backups used on them could not be obtained illegally by any means. CDs and DVDs are also explicitly permitted to be backed up.
 

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