Nintendo files lawsuit against Team Xecuter's Gary Bowser

I_AM_L_FORCE · Apr 18, 2021

urherenow said:
Not sure how/why so many posts in this thread revert to "SX must have made much more money...". Gary isn't a member or an owner of SX. He does marketing and shit. Of course whatever kickbacks he got pales in comparison to what the actual SX team made. With that said, the title "Team Xecuter's Gary Bowser" is retarded. He isn't a member of the SX team. Never was. Just a 3rd party...

If he's on their payroll to do work for them, he's therefore an employee of the company and not a third party.

This case will settle for an undisclosed amount after the headlines become enough to scare other would be importers/manufacturers/marketers.

This is what usually happens in American cases, anyway.

T. Law Student

Cylent1 · Apr 18, 2021

I hope to hell someone figures out a way to untether hack all ninty consoles from here on out!
What are they gonna do? come after us consumers next for having a hacked console?
NINTENDO DESERVES IT!

I_AM_L_FORCE · Apr 18, 2021

Cylent1 said:
I hope to hell someone figures out a way to untether hack all ninty consoles from here on out!
NINTENDO DESERVES IT!

I'm sorry, but this idiot deserved to get sued. All he had to do was omit the piracy features and market it as a homebrew device, would have been legal in the United States then.

urherenow · Apr 18, 2021

I_AM_L_FORCE said:
If he's on their payroll to do work for them, he's therefore an employee of the company and not a third party.

This case will settle for an undisclosed amount after the headlines become enough to scare other would be importers/manufacturers/marketers.

This is what usually happens in American cases, anyway.

T. Law Student

By that logic, every BestBuy and Gamestop is on the payroll of Sony, Nintendo, etc. Every Youtuber with monetized ads, is on the payroll of whatever company made the ads. No, sir. They get paid by clicks. Same as Gary. He never (to my knowledge) owned any stock or sold actual product. He spammed news and links to where you could buy it.

Cylent1 · Apr 18, 2021

I_AM_L_FORCE said:
I'm sorry, but this idiot deserved to get sued. All he had to do was omit the piracy features and market it as a homebrew device, would have been legal in the United States then.

It was NOT Gary's chips to be taking anything out of it. Quit implying Gary is and was the mastermind behind all of this.

diggeloid · Apr 18, 2021

From page 3:

If a user already owns a lawful, properly-purchased Nintendo Switch game, the user can use the SX OS and accompanying features to turn that game into an unlawful copy, which allows the user to share additional unauthorized copies with more users also using the SX OS on the Nintendo Switch

Interesting how Nintendo is referring to a copy of a game you own as "unlawful". I'm not a lawyer, so I don't know how this all works, but could this be an effort to classify all emulation as unlawful? So even if you own a game, a dumped ROM of the game is illegal by itself, even if you don't distribute it to anyone else.

These Team Xecuter people are 100% criminals and sumbags, but I'm concerned that this is going to go down as a blemish on legitimate (i.e. non-piracy) jailbreaking, homebrew, and emulation. Or that Nintendo is going to weaponize it to protect their software monopoly. We've all seen how much they love the DMCA.

Kioku · Apr 18, 2021

Cylent1 said:
I hope to hell someone figures out a way to untether hack all ninty consoles from here on out!
What are they gonna do? come after us consumers next for having a hacked console?
NINTENDO DESERVES IT!

I think you completely misunderstood why TX is in the situation they are. It's not about hacking the system. It's about SELLING a system made to intentionally circumvent DRM features and functionality to allow for illegitimately owned titles to be played on any given system.

I'm beginning to think that today's piracy advocates need to quit dropping out of school..

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

diggeloid said:
From page 3:

Interesting how Nintendo is referring to a copy of a game you own as "unlawful". I'm not a lawyer, so I don't know how this all works, but could this be an effort to classify all emulation as unlawful? So even if you own a game, a dumped ROM of the game is illegal by itself, even if you don't distribute it to anyone else.

These Team Xecuter people are 100% criminals and sumbags, but I'm concerned that this is going to go down as a blemish on legitimate (i.e. non-piracy) jailbreaking, homebrew, and emulation. Or that Nintendo is going to weaponize it to protect their software monopoly. We've all seen how much they love the DMCA.

Backups are a gray area, and seemingly an area that most companies do not want to venture into. Technically, backing up your own personal copy for archival purposes can be perceived as completely and perfectly legal. It would take more time, money and effort for a company like Nintendo to persecute individual persons and attempt to prove their "library" is illegal than they care to deal with. They're going for the clear and easy strikes.

MikaDubbz · Apr 18, 2021

If ya charge for modding tools and devices then really I don't know what ground you can hope to stand on. I'm a man that enjoys his flashcards and the like, but I'd be lying if I said that I couldn't comprehend why such a lawsuit would or could be brought forth. I totally get it.

linuxares · Apr 18, 2021

Well they will seize control of all the websites. I guess the only way to activate your license now is either a new update from SX on a separate site or use the hacked version.

HinaNaru Cutie · Apr 18, 2021

well, shite that was quick asf, not surprised nintenDONT is suing their own lmao, at this point, it's like a circus gone wild, i hope it crumbles down though.
interesting to know this information of the guy being part of what the gbatemp folks we're doing....yikes??? eh.

Subtle Demise · Apr 18, 2021

Memoir said:
TX and Gary fucked up, but yeah, let's act like Nintendo is the villain here.

What did they do that lost Nintendo a provable amount of money? How are the "lOsT SAleS" calculated?

ShadowOne333 · Apr 18, 2021

linuxares said:
Well they will seize control of all the websites. I guess the only way to activate your license now is either a new update from SX on a separate site or use the hacked version.

Was there ever a hacked version?
Last I heard was that SX updated the payload quite fast to avoid the hacked version to remain relevant, but that's the last I knew.

is there some hacked version floating around of even the latest SX OS version?

mspy · Apr 18, 2021

ShadowOne333 said:
Was there ever a hacked version?
Last I heard was that SX updated the payload quite fast to avoid the hacked version to remain relevant, but that's the last I knew.

is there some hacked version floating around of even the latest SX OS version?

I think it means this https://gbatemp.net/threads/hack-sxos.582831/

Cylent1 · Apr 18, 2021

How do people run homebrew? Isn't it by defeating the security on the console which is the same in Ninty's eyes as "illegal" to do also? Remember you don't even own the system or the games you buy according to them, let alone defeat the security on their intellectual property!

linuxares · Apr 18, 2021

Cylent1 said:
How do people run homebrew? Isn't it by defeating the security on the console which is the same in Ninty's eyes as "illegal" to do also? Remember you don't even own the system or the games you buy according to them!

If you check, they do say SXOS is used for playing pirated games. That's what they mostly focused on taking them down on

ShadowOne333 · Apr 18, 2021

Cylent1 said:
How do people run homebrew? Isn't it by defeating the security on the console which is the same in Ninty's eyes as "illegal" to do also? Remember you don't even own the system or the games you buy according to them!

It'll be interesting how this trial goes along.
For one, and correct me if I'm wrong, SX OS nor SX Core supply any kind of game included.
You get those from the "d4rk w3b".

Does the device enable piracy?
Sure, it does, but it doesn't include pirated content. The only thing I can see them going for would be the case of the keys the console has, which apparently do fall under copyrighted material from Nintendo.
But for pirated content, they don't include any... Do they?

pofehof · Apr 18, 2021

diggeloid said:
Interesting how Nintendo is referring to a copy of a game you own as "unlawful". I'm not a lawyer, so I don't know how this all works, but could this be an effort to classify all emulation as unlawful? So even if you own a game, a dumped ROM of the game is illegal by itself, even if you don't distribute it to anyone else.

This has been Nintendo's view for ages (at least, I recall since the 2000's). Whether they are right or not, we won't know until they sue someone for simply creating a backup of one of their own games.

diggeloid · Apr 18, 2021

ShadowOne333 said:
It'll be interesting how this trial goes along.
For one, and correct me if I'm wrong, SX OS nor SX Core supply any kind of game included.
You get those from the "d4rk w3b".

I don't think that technicality matters. They literally marketed the thing as a way to play pirated games, and they charged money for that privilege!

Subtle Demise said:
What did they do that lost Nintendo a provable amount of money? How are the "lOsT SAleS" calculated?

How about the people who paid money to use it?

MyJoyConRunsHot · Apr 18, 2021

It's not 2021 without a hint of real life satire in the headlines.

urherenow · Apr 18, 2021

Memoir said:
Backups are a gray area, and seemingly an area that most companies do want to venture into. Technically, backing up your own personal copy for archival purposes can be perceived as completely and perfectly legal. It would take more time, money and effort for a company like Nintendo to persecute individual persons and attempt to prove their "library" is illegal than they care to deal with. They're going for the clear and easy strikes.

While old e-shops and such get shut down, it can't be done. That justifies having a personal backup all on its own. Backups are not a grey area. They are legal. If they are YOUR backups, anyway. Section 117 of the Copyright Act covers such things. Some places outside of the US are even less restrictive on this matter.

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