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

jimbo13 · Nov 21, 2020

When tossing around provision of DMCA you also need to consider the DMCA and Magnuson–Moss Warranty Act are in contradiction to each other and it has never been adjudicated. The DMCA says a lot of things are illegal that the Magnuson Moss act says are legal. It hasn't been to trial because neither side wants to risk losing.

A RCM jig is no different than a proprietary screw driver, Nintendo should lose this one.

MetoMeto · Nov 21, 2020

"serious, worsening international problem" did they ever thought of why that is?
I mean can they (gaming companies) be more greedy and releasing same old titles asking for more money
and never addressing issues and such?

In my eyes those companies such as Nintendo and others dug their own grave and are just trying to get out of the hole,
they are not doing anything noble here. Simple survival instinct.

Simply adressing issue of stupid thing as drifting joycons would be good step in right direction instead being dicks.
Im not sorry for any company having their consoles hacked and similar things. They deserve it tbh.

You can reply what you wish or thing, but pirates are real heroes here!

If a company dies because of pirates it will be because they are shitty, greedy company anyway,
doing for pure money love. I mean you can tell by amount of remakes and unoriginal things they pump how little they care. You dont need to be a genious to see it.

MeAndHax · Nov 21, 2020

TheGodMauro said:
The seller dealt with SX products, honestly it's entirely on him that he got sued if he didn't see the writing on the wall after the lawsuit back in May.

Video game developers (Or any digital media distributors really) have every reason to be scared shitless of piracy, because people will always gravitate to the most convenient option.

Let's look at an example of another industry that was driven to the ground, music. Album sales started dropping exponentially after people discovered that you could download the songs they wanted freely from the web, to answer to that, record companies had to offer their catalogues via streaming services in a way that was even more convenient than what was before. The trade off?, musicians make almost nothing from streams and need to tour nonstop in order to make a living, because for most people nowadays, buying music is a ridiculous concept.

Before I continue on that line I'd like to reiterate a point, convenience. The seller provided, and even promoted on the article, a convenient way to pirate games, that's why he's getting sued. Big N isn't going to go about and sue every RCM jig out there, they don't need to. What they likely want is to discourage people from offering convenient ways for people to pirate their content, you need to remember that gbatemp users are but an minuscule percentage of the switch's userbase, and that your everyday John isn't going to bother with reading about payloads, jigs, cfws, or sigpatches, he just wants to wind down after a day of work and enjoy some entertainment. If buying the game through the eshop is the most convenient way, he will use that.

So ur basically just whining because the world has progressed and it’s the “streaming” that destroys the music industry and ur not going to mention that now it’s way easier to create music and every hood has like 4 local rappers?

Legendaykai · Nov 21, 2020

Come on Nintendo step your game up I may work with you sometimes for events and upcoming content as a tester but you need to be more strict on how your software is hacked.

LuxerWap · Nov 21, 2020

Do people not realize that SX leads to piracy? Same goes for CFW on the 3DS. I don’t get why everyone denies it when it’s been proven over and over. Nintendo isn’t dumb, and they are willing to do anything to take piracy down.

regnad · Nov 21, 2020

BlastedGuy9905 said:
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...

Well, in MY opinion the Jedi are evil!

smf · Nov 21, 2020

the_randomizer said:
Forget him, somebody lit the fuse on his tampon this morning

What is wrong with you?

regnad said:
Well, in MY opinion the Jedi are evil!

CTR640 · Nov 21, 2020

MetoMeto said:
"serious, worsening international problem" did they ever thought of why that is?
I mean can they (gaming companies) be more greedy and releasing same old titles asking for more money
and never addressing issues and such?

In my eyes those companies such as Nintendo and others dug their own grave and are just trying to get out of the hole,
they are not doing anything noble here. Simple survival instinct.

Simply adressing issue of stupid thing as drifting joycons would be good step in right direction instead being dicks.
Im not sorry for any company having their consoles hacked and similar things. They deserve it tbh.

You can reply what you wish or thing, but pirates are real heroes here!

If a company dies because of pirates it will be because they are shitty, greedy company anyway,
doing for pure money love. I mean you can tell by amount of remakes and unoriginal things they pump how little they care. You dont need to be a genious to see it.

Like EA did to NFS Hot Pursuit 2010 Remastered. That shit looks worse than original, all they did is cranking up contrast and call it a day. Look at what kind of absurd prices they're asking. The original looks so much better too.

godreborn · Nov 21, 2020

CTR640 said:
Like EA did to NFS Hot Pursuit 2010 Remastered. That shit looks worse than original, all they did is cranking up contrast and call it a day. Look at what kind of absurd prices they're asking. The original looks so much better too.

didn't sony say that digital versions of ps4 games (that were bought on the ps4) would be downloadable and playable on the ps5? at least sony does that for you. Nintendo makes you rebuy everything every generation and doesn't even blink an eye.

dangopig · Nov 21, 2020

It must be nice to have so much money to throw at lawsuits

CTR640 · Nov 21, 2020

godreborn said:
didn't sony say that digital versions of ps4 games (that were bought on the ps4) would be downloadable and playable on the ps5? at least sony does that for you. Nintendo makes you rebuy everything every generation and doesn't even blink an eye.

Funny story because for my use case, the PSVita is a much better device for me than the Switch because the PSVita has a built-in mediaplayer to playback mp4 files. The Switch doesn't have any built-in app for that as far as I'm concerned. Nintendo is next-level incomprehensible. Sony has some stupid logics too but not as worst as Nintendo.

godreborn · Nov 21, 2020

I'm afraid there may not be much more introduced to the switch os. Nintendo said at a conference in Japan that their idea behind Ozone was speed and simplicity. that really kinda pisses me off as a legit user. I really don't care about pirates do to the system, but that's the only people Nintendo ever seems to care about.

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

at least sony combats pirates and adds things. nintendo can't walk and chew gum at the same time.

TheGodMauro · Nov 22, 2020

MeAndHax said:
So ur basically just whining because the world has progressed and it’s the “streaming” that destroys the music industry and ur not going to mention that now it’s way easier to create music and every hood has like 4 local rappers?

I really struggled, but I cannot see what point you're trying to prove here. Here's my 2 cents:

1) Musicians used to make a lot by album sales, but as soon as people got used to the idea that you don't need to pay for music, their revenue shrunk considerably. That ain't whining, I'm just stating a fact.

2) Of course it's easier to make and release music nowadays, but you're missing my point entirely. My argument isn't about the 'Destruction of the music industry' or even about streaming. I pointed out the music industry because it's a real example of what happens if you let an easy way available for people to not pay for your products.

Kioku · Nov 22, 2020

TheGodMauro said:
I really struggled, but I cannot see what point you're trying to prove here. Here's my 2 cents:

1) Musicians used to make a lot by album sales, but as soon as people got used to the idea that you don't need to pay for music, their revenue shrunk considerably. That ain't whining, I'm just stating a fact.

2) Of course it's easier to make and release music nowadays, but you're missing my point entirely. My argument isn't about the 'Destruction of the music industry' or even about streaming. I pointed out the music industry because it's a real example of what happens if you let an easy way available for people to not pay for your products.

The artists didn't make the money from record/album sales. Their label did. Big, BIG difference.

TheGodMauro · Nov 22, 2020

Memoir said:
The artists didn't make the money from record/album sales. Their label did. Big, BIG difference.

So, the same as nowadays, where they get paid from royalties based on sales?. Unless you mean that every band/artist out there in 2020 is indie and keeps their full royalties.

I was going to keep on that tangent but honestly I repeat that it is straying from my point. If you let people have an easy way to consume content without paying, then a big share of the market wont.

And that my dudes is the point I'm trying to convey, no company wants to run a business where it's source of income is jeopardized, and they have every right to defend it and sue anyone that endangers it.

You as a consumer, do not, have the right to steal from them, but you are realistically free to do so as long as you don't get caught.

ack · Nov 22, 2020

CompSciOrBust said:
It's probably high. I think the real question is how many people with V1 switches are willing to hack it who haven't already hacked it.

me... so the count's 1 at least

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

smf said:
I don't think anyone has made that argument in court, so there isn't a precedent either way.

But the language is quite explicit in saying it is to allow you to reverse engineer something for interoperability between two programs. Using a backup doesn't seem to have anything to do with that.

a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs,

Until you can get a ruling that the "sole purpose" also includes playing a backup of your game then I will disagree with you.

How would they? For a start you're going to start playing whack a mole, emulators can just pop up elsewhere and it would be difficult to find them let alone try to launch a legal battle. Nintendo weren't even going after rom sites until they started charging money for access. Which changes things quite a lot.

I also don't think people running emulators are lost sales for Nintendo, they are more interested in people who want all the benefits of a switch but with a commercial hack that makes playing illegally downliaded games super easy.

They dont do it because they would lose and they know that. That precedent was set a long time ago when sony sued bleem and lost.

Deleted member 397813 · Nov 22, 2020

wait until nintendo starts to sue staples for selling paper clips lmao

mattyxarope · Nov 22, 2020

CPG said:
wait until nintendo starts to sue staples for selling paper clips lmao

Finally, someone willing to take on Big Paperclip

smf · Nov 22, 2020

ack said:
They dont do it because they would lose and they know that. That precedent was set a long time ago when sony sued bleem and lost.

There was no DMCA violation as PS1 didn't have DRM to bypass.

Switch emulators would be more like DeCSS case.

As Nintendo are successfully using the DMCA (and world wide equivalents) in court to go after modchips/flash carts then there is some possibility that they could win.

weatMod · Nov 23, 2020

elk1007 said:
Piracy will end when its more convenient to buy a game than to steal it.

file sharing isn't stealing though

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