Nintendo secures RCM loader ban in the U.S.

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For anyone living in the United States, buying a RCM Loader just got much more difficult.

As you may have heard, Nintendo filed a lawsuit in November 2020 against Vietnamese resident Le Hoang Minh, who manufactured RCM Loaders and sold them on Amazon under the name "Winmart". This came after a DMCA takedown request from Nintendo, resulting in Amazon taking down his listings. Le disputed the request, allowing him to resume selling the devices. Nintendo called this an abuse of the DMCA's counternotification system, since Le lives in Vietnam, where any consequences for wrongly disputing DMCA takedowns are unenforceable. Due to this, Nintendo sought an injunction by a U.S. court. After the lawsuit was filed, Le did not respond to it, nor did Le enter discussions with Nintendo. This led Nintendo to seek a default judgment.

According to Nintendo, here is why the product is illegal:
Once this circumvention has occurred, the unauthorized CFW modifies the authorized Nintendo Switch operating system, thereby allowing users to obtain and play virtually any pirated game made for the Nintendo Switch. All of this happens without authorization or compensation to Nintendo or to any authorized game publishers
On April 15, 2021, the U.S. court to which Nintendo brought the case has ruled in favor of Nintendo's request for a default judgment. Any online store selling RCM Loaders is now prohibited from shipping them to the U.S.

Nintendo is seeking a total of $2,500 in damages (down from their original request for $2,500 per violation) in an effort to not drag the litigation out much longer:
This request for a $2,500 award is intended to be very conservative and does not reflect anything close to the full amount of damages Nintendo could reasonably seek from Defendant,” the company writes.

Nintendo could…credibly seek a separate award for every device Defendant sold — almost certainly many devices, given that Defendant’s RCM Loader device was available online for many months. However, rather than attempt to quantify Defendant’s total sales, Nintendo seeks to facilitate an efficient resolution of this case through entry of judgment awarding damages for a single § 1201 violation.
The injunction also applies to "any and all products, services, devices, components or parts thereof” that circumvent Nintendo's security measures. Does this mean that Le Hoang Minh (and anyone working with him) can't even sell paperclips?

:arrow: Source (courtesy of TorrentFreak)
 

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banjo2

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Nintendo: Does something extremely obvious that any company would do to protect their products from piracy
GBAtemp: WAAAH WAAAAH NINTENDO BAD WAAAH WAAAH I'M THE VICTIM WAAAAH WAAAH
They're not pirated, they're backups that I'm missing the physical copy of :teach::gun::gun::gun::gun::gun::gun::gun:
 

wolf-snake

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My absolute lack of knowledge of the switch scene is really showing right now
I mean you're not wrong. People keep saying "Ohh i just use cfw for this random thing but i totally not pirate games" but we all know they have a couple of pirate games in the system cuz "I'm just trying up the game to see if i like it so i can officially buy it"

So yeah people in here can say whatever they want to believe but deep down we all know they do it for the piracy.
 
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Deleted member 546149

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I mean you're not wrong. People keep saying "Ohh i just use cfw for this random thing but i totally not pirate games" but we all know they have a couple of pirate games in the system cuz "I'm just trying up the game to see if i like it so i can officially buy it"

So yeah people in here can say whatever they want to believe but deep down we all know they do it for the piracy.
I mean some use it for other things but at least 95% uses it for piracy
 

CeeDee

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It's not "abuse", technically, it's just how the copyright system works
Yeah but when something happens that I don't like it's abuse
I mean you're not wrong. People keep saying "Ohh i just use cfw for this random thing but i totally not pirate games" but we all know they have a couple of pirate games in the system cuz "I'm just trying up the game to see if i like it so i can officially buy it"

So yeah people in here can say whatever they want to believe but deep down we all know they do it for the piracy.
Hell, when people say "I just wanted emulators" that's piracy too, most of yall aren't dumping old cartridges, get real. At least own up to the fact that ya wanna be a little piratin' bitch, no one here's gonna judge you, it's GBAtemp for heck's sake.
 

wolf-snake

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Yeah but when something happens that I don't like it's abuse

Hell, when people say "I just wanted emulators" that's piracy too, most of yall aren't dumping old cartridges, get real. At least own up to the fact that ya wanna be a little piratin' bitch, no one here's gonna judge you, it's GBAtemp for heck's sake.
Yeah that was going to be my response to the other comment about 95% using homebrew for piracy, the other 5% usually argues they use cfw for emulators but somehow have every game ever released dumped and ready to go even unreleased ones.
 

tabzer

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Did people forget the ambitious projects like L4T Ubuntu and Android LineageOS for the Switch? I can now play Magic the Gathering Arena on Switch. I can also pirate Smash Bros for local play.

Also, you can still buy RCM Loaders from Amazon. This lawsuit defaulted against one guy on a brand we don't even know about.

Fake news.
 

MikaDubbz

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As someone who loves to hack out his consoles and is personally annoyed by moves like this. I can't deny that I understand the merit for the move. Sucks, but I get it.
 

Deleted member 546149

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Did people forget the ambitious projects like L4T Ubuntu and Android LineageOS for the Switch? I can now play Magic the Gathering Arena. I also pirated Smash Bros for local play.

Also, you can still buy RCM Loaders from Amazon. This lawsuit defaulted against one guy on a brand we don't even know about.

Fake news.
Let's just use tinfoil so they don't send Bowser to our house

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

I swear this better be on tempcast @AlanJohn @relauby @Ericzander and that Jordan dude
 
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Jayro

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Cut off the head, three more will rise. Nintendo is fighting a losing battle here. What's next, banning trinkets? banning any and all FPGAs? Banning any and all micro controllers and Arduino boards? This shit is getting ridiculous, and Nintendo is over-reaching.
 

Goku1992A

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The RCM Loader was never the problem. It is a very essential device to have if you have a modded switch. My personal take is Nintendo should let it go why focus on a small minority of people who are not even going to buy games in the first place if you are making record breaking console sales and your game sales are doing good.

But then again the lawyer fees are a tax write off so Nintendo has nothing to lose really

I love RCM Loader I had bought 2 recently life is so much easier with it.
 
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chrisrlink

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i swear i need to move now soon Japanese laws (including a complete ban on 3rd party repair) might happen now i won't feel bad at all if nintendo has a hacking incident as big as psn was (or even better much worse than psn and thats why folks never buyin s nintendo product again MS all the way
 
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AkiraKurusu

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The RCM Loader was never the problem. It is a very essential device to have if you have a modded switch. My personal take is Nintendo should let it go why focus on a small minority of people who are not even going to buy games in the first place if you are making record breaking console sales and your game sales are doing good.

But then again the lawyer fees are a tax write off so Nintendo has nothing to lose really

I love RCM Loader I had bought 2 recently life is so much easier with it.
I just use a cable and that Windows RCM program; works very reliably, and portability's not a factor for many reasons.
 
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