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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kumikochan

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The thing is that this is also the reason why Nintendo consoles get hacked way more as any other console. The more ill will you create with certain groups, the more likely they will do their utmost best to hack it. We've seen this with the ps3 when linux couldn't be installed anymore and seen this the most with Nintendo consoles due to many reasons. One being the miss use of fair use policy, taking down mods and fan games, constant sueing literally everyone and mostly their anti consumer stance. In the long run because of these actions we will see every single nintendo branded console being hacker future wise
 
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DoubleDate

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The thing is that this is also the reason why Nintendo consoles get hacked way more as any other console. The more ill will you create with certain groups, the more likely they will do their utmost best to hack it. We've seen this with the ps3 when linux couldn't be installed anymore and seen this the most with Nintendo consoles due to many reasons. One being the miss use of fair use policy, taking down mods and fan games, constant sueing literally everyone and mostly their anti consumer stance. In the long run because of these actions we will see every single nintendo branded console being hacker future wise

Not coming over as rude, but i dont agree. The most probably reason why, is because the security lacked way too much on the past consoles. Sony and Microsoft has a very hard security mechanism that still to this day the case remains the same as back as 2013 with the PS3, only a certain firmware is exploitable while with Nintendo any firmware works. Nintendo is now trying to catchup and secure their system better and people get offended and angry because " muh warez"

They are doing what they are entitled to. Nintendo is changing with time and we are no longer around the era where all their system were easy exploidable and free online. The thing is Sony and Microsoft hits more harder the banhammer than Nintendo and nobody says anything about it but when Nintendo does it everyone saying how a bad company Nintendo is for defending and protecting their business.
 
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DNStuff

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I am super glad he is in Vietnam and that there are counties where a DMCA means nothing but with this result I can already see that the SXOS outcome will be a very bad one too. It's my console, if I want to run homebrew on it let me. Nintendo never gave me the option to change wallpapers, only still two colours for the background in 2021. So I should be able to do with my console whatever I want, it doesn't always mean it's piracy but for them hacking always must mean piracy.
 

DoubleDate

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I am super glad he is in Vietnam and that there are counties where a DMCA means nothing but with this result I can already see that the SXOS outcome will be a very bad one too. It's my console, if I want to run homebrew on it let me. Nintendo never gave me the option to change wallpapers, only still two colours for the background in 2021. So I should be able to do with my console whatever I want, it doesn't always mean it's piracy but for them hacking always must mean piracy.

Come one mate, almost 98% of people put homebrew on Nintendo consoles to be able to play released games. I dont buy for it to be just homebrew. You put a few emulators on it and you play some old games from 20-30 years ago? People get bored pretty quickly of it because those games are old. Im sure to tell you that when the new Pokemon RPG is released next year here will be a lot of topics regarding the game.

Of course you can do what you want with your system but your are breaking the law by installing unauthorized software that doesnt have its intended legal purpose and that is where Nintendo steps in.

People needs just to admit that they like free warez and dont hide behind the homebrew or gaming preserving thing.
 
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AkiraKurusu

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Come one mate, almost 98% of people put homebrew on Nintendo consoles to be able to play released games. I dont buy for it to be just homebrew. You put a few emulators on it and you play some old games from 20-30 years ago? People get bored pretty quickly of it because those games are old. Im sure to tell you that when the new Pokemon RPG is released next year here will be a lot of topics regarding the game.

Of course you can do what you want with your system but your are breaking the law by installing unauthorized software that doesnt have its intended legal purpose and that is where Nintendo steps in.

People needs just to admit that they like free warez and dont hide behind the homebrew or gaming preserving thing.
A) Replaying games is a thing people tend to do, y'know, and there's been a good number of great games these last few years that don't need emulation. Luigi's Mansion 3, Xenoblade: DE, Xenoblade 2, Ghost of Tsushima, Persona 5 Royal, Zero Escape: The Nonary Games, Pikmin 3, etc. So that "emulate decades-old games OR piracy" thing is totally inaccurate.

B) Pokémon will likely get new topics because of how shit it has become since moving to the Switch - not because people actually want to play them.

C) Some people legitimately do only use CFW for homebrew, not for piracy, so it's not "hiding behind an excuse", thank you very much.
 

tabzer

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The RCMLoader is just a piece of hardware that's absolutely useless on its own. How long until they go after exhumer or totaljustice for releasing the patches to run pirated titles? Are they possibly plotting a way to take aim at atmosphere? I mean, it doesn't allow for pirated titles and isn't built using copyrighted material... But it's a custom firmware, right? Following this absolutely busted logic..

What, exactly, is this tool doing wrong?

NOTHING. The guy didn't show up for court. That's all. Nintendo is using its right to intimidate people via law.
 

DoubleDate

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A) Replaying games is a thing people tend to do, y'know, and there's been a good number of great games these last few years that don't need emulation. Luigi's Mansion 3, Xenoblade: DE, Xenoblade 2, Ghost of Tsushima, Persona 5 Royal, Zero Escape: The Nonary Games, Pikmin 3, etc. So that "emulate decades-old games OR piracy" thing is totally inaccurate.

B) Pokémon will likely get new topics because of how shit it has become since moving to the Switch - not because people actually want to play them.

C) Some people legitimately do only use CFW for homebrew, not for piracy, so it's not "hiding behind an excuse", thank you very much.

How do you know people dont want to play it? Have you seen the comments of the new upcoming Pokemon game Pokemon Arceus? 95% of the comments are positive about how people want to play the game and how well it looks, so that there contradicts your comment.

The games you mentioned are new full games released for the Switch, what i was referring too was to the homebrew emulators, what people who say they use homebrew for. Those games are fair old, and of course people tend to replay it because it has some personal and important value to their lives but we both know that homebrew, most of the case is to play the Switch libraries games.

There may be a select few who may just use it for themes and other things yet that is something that is againts the ToS of the Nintendo Switch.

Look at the new topics of commenters here when a new firmware gets released, people wondering if Atmosphere or SX OS still works.

Nintendo has all the right to defend their console, same thing what Sony and Microsoft are doing.
 
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urherenow

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Good luck seeing this ban fully enforced - I'm sure it'll be easy enough to get ahold of an RCM loader if ya want one, albeit through more shady storefronts than Amazon. Maybe AliExpress or somethin'
Wait, what? What's wrong with AliExpress? I've used them many times for components. USB ports, Ethernet ports, capacitors, probably some Raspberry Pi stuff... Never had an issue. Never received a substandard product. One of the first entries I just got from Google was:

Contrary to popular belief, buying from AliExpress is very safe. In fact, it's probably safer than shopping from Ebay because of their buyer protection program. AliExpress guarantees that if your product doesn't arrive on time or as described in the listing, you can get a full refund.


Er, no. Piracy is already disincentivised by the online ban - which means losing access to the eShop and the NSO paywall.
I, for one, use CFW for game patching and EdiZon cheats and save file backups (and FTPD for save editing using my computer).
Actually, the online ban FORCES piracy. I personally like to use emulators. I also don't have patience to grind through newer games, so I use cheats to get through them faster. I have been careful, so my console is not banned, but if it does get banned, piracy would be the only way to update games I already own. Not to mention, my local store has a new game that only comes with a download code in the box.

I can understand banning modified consoles from playing games online, but that should be a completely separate thing from the eshop. Preventing someone from being able to purchase a game and/or grab updates for it is a whole different level of stupid.
 
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tabzer

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Wait, what? What's wrong with AliExpress? I've used them many times for components. USB ports, Ethernet ports, capacitors, probably some Raspberry Pi stuff... Never had an issue. Never received a substandard product. One of the first entries I just got from Google was:

Contrary to popular belief, buying from AliExpress is very safe. In fact, it's probably safer than shopping from Ebay because of their buyer protection program. AliExpress guarantees that if your product doesn't arrive on time or as described in the listing, you can get a full refund.

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


Actually, the online ban FORCES piracy. I personally like to use emulators. I also don't have patience to grind through newer games, so I use cheats to get through them faster. I have been careful, so my console is not banned, but if it does get banned, piracy would be the only way to update games I already own. Not to mention, my local store has a new game that only comes with a download code in the box.

I can understand banning modified consoles from playing games online, but that should be a completely separate thing from the eshop. Preventing someone from being able to purchase a game and/or grab updates for it is a whole different level of stupid.

You can get adrenochrome there too.
 

Jaxom

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Let's be real here, you put cfw on your console for piracy

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

And that's fine, i cfwed my 3ds for piracy, but just don't try to act like you cfw consoles for other reasons, you aren't fooling anybody
I actually put CFW on some of my console for different reasons.

When I was in high school, for instance, I put CFW on my PSP because I wasn't earning any money to buy games regularly, so ISOs were my best friend. This led to a lot of hours playing untranslated RPGs and helping me to improve a lot on my English reading and speaking skills.

I later put a CFW on my PSVita to have access to somes PSP games I bought legally on the PSStore (because yes, although I wasn't able to pay for all the games I played in high school, I still bought some of them to support the devs and services provided) and that weren't allowed to run "officially" on my Vita (Phantasy Star Portable was the main reason).

I CFWed my WII U to emulate my GameCube and use the HDMI output of the console to play games I do own and wanted to play with a better display, and also to dump my physical WII U games on my HDD to take advantages of shorter loading times.

And it was nearly the same reasons that motivated me for my 3DS (dump my physical games to have access to them without having to bring dozens of boxes with me, making the CPU run a little faster, build my own themes, etc.).

In the end I think that the people using CFW for piracy are the ones who aren't able to buy the games they want to play without sacrificing their access to food, health or something else that's more important. When money doesn't matter, you can spend it however you want, making piracy irrelevant, especially with the last console generation, for which you have to follow a lot of constraints before being able to throw yourself into piracy.
 

Skelletonike

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People are way too spoiled and complain about too much shit.
If people are afraid of getting sued, then don't dip your hands in grey areas. Simple.

I believe this is more about making an example than anything else and I see nothing wrong with it.
Feel free to sell whatever you want, but if it's a grey area, don't complain if something happens.
 

Dust2dust

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... obviously what they're doing doesn't work they've never had a console or handheld not be hacked so they haven't stopped anything.

In the long run because of these actions we will see every single nintendo branded console being hacker future wise
As a couple of users pointed out, Nintendo did a great job, actually, with the security of the Switch. It only got hacked early because of a screw-up from Nvidia, not Nintendo's fault. The later models (what's sold in stores now) is not hackable. Only a modchip can do it, and they have successfully shut down the plant making them... very wise of them! I believe the next Nintendo console will probably be as secure as Fort Knox. They're getting good at this! One thing is for sure... buy early and don't update, if you want a chance.
 

Deleted member 514389

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Next ban Smartphones and Tablets, also PCs while you are at it.

Hmmm...
Ah yes. Trinkets, need to ban those aswell.

Breaking news!
Nintendo banned everything


y're getting good at this! One thing is for sure... buy early and don't update, if you want a chance.

Took em long enough...

Well.. 20 years I've been along for the ride.
And finally the Church of Nintendo managed to make me a devote Ninten-sumer.
By Iwata have I seen the light :P
 
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