Gary Bowser from Team Xecuter pleads guilty to charges, agrees to pay Nintendo $4.5 million

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Last year saw the arrest of two members of Team Xecuter, the hacking group behind the infamous SX OS. MaxConsole administrator and GBAtemp user GaryOPA was a part of that, and was extradited from Canada to the United States, where he would face charges. While he initially claimed he was innocent, the opposing prosecution did not accept the defense of SX OS merely allowing Nintendo Switch users to play homebrew software, and asserted that the main goal of Team Xecuter's exploit was to play pirated copies of games.

Faced with 11 felony counts, Bowser has just pleaded guilty to two of them: trafficking in circumvention devices and conspiracy to circumvent technological measures. According to the court, Team Xecuter has caused an estimated number between $65 million to $150 million in losses to video game companies.

This means that Bowser will not have to go to trial, with the plea deal also waiving the other 9 criminal charges. Despite that, he still may face prison time, and as part of the deal, has agreed to pay Nintendo for restitution, to the tune of $4.5 million. Bowser will also have to consent to the destruction or give up the technology seized from his home during his arrest, which includes around 30TB of hard drives, micro SDs, and flash drives, along with laptops, phones, modchips, and hacked game consoles.

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mugwort

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Well, despite the irony of the name and thinking he would have been better off designing an emulator, it’s sad to see how much things have changed since the VCR battle of the 70s when the judge ruled that even if 99% of the use was illegal it could be sold for its legal value to society.

Thanks to Napster, we no longer have to pay $18 for one good song and 35 minutes of filler.
 

RedBlueGreen

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Being able to use backups is not a crime, if people use it for copyright violation then the fault is on them. This is a very bad precedent for the community, as much as I dislike the guy.
It absolutely is if it requires DRM circumvention. Removing/bypassing copy protection is a DMCA violation.
 
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deisuke1234

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Then DON'T buy their products. It have nothing to do with greed if people pay or it
I don't feel like that is something we should argument about. What I am saying is their price tags aren't linear to a common person income which could be one scenario over why piracy exist in the first place. I think you misunderstood me. Since what I am trying to o say is each action has a consequence and it has nothing to do what my personal feelings.
 

MetoMeto

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"Team Xecuter has caused an estimated number between $65 million to $150 million in losses to video game companies"
How EXACTLY did they loose that? that's bullshit lol These companies always talk about some imaginary loss.
 
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0x3000027E

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even if it was 0.01%
Lifetime unit sales for Switch console gaming software amounted to 578 million.

So 5 780 000 heck he is even getting a discount lol 4.5 million is less than 0.01% of sotware sales up to march 2021.
Do they teach economics in Portugal?
 

pustal

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It absolutely is if it requires DRM circumvention. Removing/bypassing copy protection is a DMCA violation.

Which is why the law makers need to wipe that restriction off the DMCA and make a new law that prohibits the reinstatement of said restriction!

Is it on the Dominican Republic however? As far as I understand he was operating from there. More even, he isn't even American, he is Canadian. Reminds me of Richard O'Dwyer's case with the added bonus that in this case not even the accuser is an American company, only using the US and its laws as a field for their attack.
 
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Zkajavier

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Something something, I'm still waiting for the nice people of China to edit the clones so they work on the OLED without so much soldering.

"Team Xecuter has caused an estimated number between $65 million to $150 million in losses to video game companies"
How EXACTLY did they loose that? that's bullshit lol These companies always talk about some imaginary loss.
Nintendo probably has metrics about how much money each individual usually spends in average. Just multiply that by the amount of modchips sold and you have a number. It's not 100% accurate but it's good for estimates.
 

CompSciOrBust

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Well, despite the irony of the name and thinking he would have been better off designing an emulator, it’s sad to see how much things have changed since the VCR battle of the 70s when the judge ruled that even if 99% of the use was illegal it could be sold for its legal value to society.

Thanks to Napster, we no longer have to pay $18 for one good song and 35 minutes of filler.
Gary did make emulators for older systems in his spare time. I don't know if he ever released any.
 

rantex92

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This name thing is so surreal whats the odds Gary-Bowser-Nintendo i guess sometimes life memes the hardest
 

SoulOfGazza

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One down One to go

Knew my evidence would sink his defense

So long Gary Wayne Bowser you utter piece of scammer support shit

Bet Max has filled his diapers now Gary ,as I told you long ago , is singing like a bird

Karma is a bitch
 
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