Nintendo secures RCM loader ban in the U.S.

image.jpeg

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)
 

Attachments

  • 2-20-cv-01707-Nintendo-v-Minh-Winmart-Motion-for-Default-210414.pdf
    211.2 KB · Views: 80
  • 2-20-cv-01707-Nintendo-v-Minh-Winmart-final-judgment-perm-injunction-210415.pdf
    132.8 KB · Views: 78

|<roni&g

Well-Known Member
Member
Joined
Nov 18, 2010
Messages
452
Trophies
1
Location
UK
XP
2,162
Country
United States
So these RCM loaders play backups? Surprised I hadn't heard of these yet. I have newer model that I don't play because I only play 'hacked" Nintendo consoles for the most part
 

BigOnYa

Has A Very Big
Member
Joined
Jan 11, 2021
Messages
3,190
Trophies
1
Age
50
XP
7,521
Country
United States
Enable auto RCM, change your "reboot to payload.bin" to "hekate.bin", and you hardly ever need the Jig and injector again. I haven't had to use it in almost 4 months now.
 

SaberLilly

Well-Known Member
Member
Joined
May 26, 2017
Messages
320
Trophies
0
Age
33
XP
1,417
Country
United States
well i'm not surprised nintendo went for a ban on this loader, i'm also not surprised the only thing they used as an argument boils down to "this is purely a piracy device, and we don't like it." I mean i wouldn't use it for piracy, i like buying games. I just want the homebrew.
 

CanIHazWarez

Well-Known Member
Member
Joined
Jan 21, 2016
Messages
371
Trophies
0
Age
32
XP
1,352
Country
United States
Defending an IP and Abandoning an IP are two different things... o.O

And please, I'm really not sure what you mean by selling the developer a revocable license bit? can you please elaborate?
If someone is developing a fan game, and Nintendo finds out, they will send them a cease and desist order. People will defend that by saying that Nintendo can legally lose their copyright by not defending against infringement (technically true). But Nintendo could sell the developer a license to use Nintendo IP and then Nintendo would not be at risk of losing their copyright because the developer is longer infringing (they have a license to use the IP from Nintendo). Now obviously, this isn't an actual business deal on Nintendo's part and they wouldn't want to just let people use their IP for anything (see Zelda: Wand of Gamalon). So they can have a clause in the license saying that Nintendo can revoke it at any time, for any reason, without notice. That way, the fan can continue working on their game and Nintendo doesn't risk losing their IP.
 

BigOnYa

Has A Very Big
Member
Joined
Jan 11, 2021
Messages
3,190
Trophies
1
Age
50
XP
7,521
Country
United States
Silly because you can buy a trinket from Microcenter/ Amazon/ Ebay and do the same thing a injector does. I foresee the price of the RCMLoader going crazy because of this, while you can get a trinket for less than $20 USD. There's even many free .STL designs online for 3D printer people who want to make a case for the trinkets.
 
Last edited by BigOnYa,

smallissue

Well-Known Member
Newcomer
Joined
Nov 8, 2020
Messages
90
Trophies
0
Location
123 Street St. AZ Phoenix 56
Website
teddit.net
XP
475
Country
Antarctica
This only reminds me of that time I was window shopping on Amazon for stuff, and I saw an RCM loader that advertised itself as a "Bluetooth audio receiver" for the Switch. :rofl: I get why the seller would do that, but... still, it gave me a good chuckle.

But meh, people have other ways of getting into RCM, anyways. First time I did, I used some tinfoil on a JoyCon rail. Decided to get an RCM loader eventually, though.
POV: He doesn't know the nintendo switch can do usb audio, which can receive bluetooth audio with some fancy components, therefore you can use bluetooth audio on your switch. What a dumbass:toot:
 

Mrperson0

Well-Known Member
Member
Joined
Jun 30, 2015
Messages
273
Trophies
0
Age
34
XP
818
Country
United States
These dongles ship with Gateway payload, the ban doesn't seem unreasonable. I think that's the main issue here.

If that is the case, makes sense why Nintendo is able to go after them. Nintendo probably wouldn't have a case if they didn't come with payloads.

Why they didn't go after the jig seller, that is more essential to going into RCM mode.

Probably since jigs don't have payloads bundled with them.
 

chrisrlink

Has a PhD in dueling
Member
Joined
Aug 27, 2009
Messages
5,554
Trophies
2
Location
duel acadamia
XP
5,730
Country
United States
If that is the case, makes sense why Nintendo is able to go after them. Nintendo probably wouldn't have a case if they didn't come with payloads.



Probably since jigs don't have payloads bundled with them.
so easy solution rebrand and don't ship with payloads installed (not even atmosphere to be safe) and if they go after that,good counter argument right there
 
Last edited by chrisrlink,

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
    ButterScott101 @ ButterScott101: