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

50HCuI7t_400x400.jpg

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.

:arrow: Source
 

NeroAngelo

Clueless Importer
Member
Joined
Dec 31, 2003
Messages
245
Trophies
0
XP
903
Country
Libya
"Team Xecuter has caused an estimated number between $65 million to $150 million in losses to video game companies."

I'd like to think karma is biting the TX team in the ass, but how in the hell did Ninty lawyers reach that number? did they pull it out of their asses?
 

smf

Well-Known Member
Member
Joined
Feb 23, 2009
Messages
5,409
Trophies
1
XP
4,044
Country
United Kingdom
Getting drunk has been proven to cause impairment. Piracy has not been proven to damage a company. Not a good comparison.

It's a great analogy as piracy has been proven to impact sales https://corsearch.com/does-piracy-impact-sales-a-look-at-the-data/

I'd like to think karma is biting the TX team in the ass, but how in the hell did Ninty lawyers reach that number? did they pull it out of their asses?
They said it was an estimate. They will have made assumptions to reach it.

I would be interested in how they calculated it, but it's kinda pointless in terms of the court as everyone involved is fully aware that it's an estimate.

Backup copies are covered under Section 117 of US Copyright Law. The DMCA prohibits bypassing circumvention of technological measures for unauthorized copies. Ive always interpreted this personally as legitimate backups ARE authorized by federal law so unless youre actually pirating games no crime has been committed. Im also not a lawyer or legal expert nor do I pretend to be.

https://www.copyright.gov/help/faq/faq-digital.html#:~:text=Under section 117, you or,the original copy, once the

You can backup the software, but DMCA prevents modifications of consoles even to play legitimate backups.

However, DMCA only covers distributing the modification & not applying it (mainly because if you're a private citizen doing it for yourself then they can't ever know and if they could find out then the courts would be full of cases).

It doesn't change TX position whether you play backups of your originals, or downloaded files from the internet.

Let's face it. You could fit all the people who bought SXOS to play legitimate backups, in one room.

no scum have been brought to justice here, the scum are Nintendo and it's lawyers lets be real whether used for homebrew, piracy,a media centre, linux box etc..
When are you going to start being real? Who bought SXOS to use linux or a media centre?

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!
That isn't how laws work.
And why would they?

But the core and lite themselves don't actually do anything beyond put the console in a state which allows it to accept a custom payload.
That is enough to be illegal, because they know that the people who have any kind of legitimate reason to do that are statistical noise compared to the pirates.

Unless they did visits to check all the SXOS customers were still using it for legitimate reasons, then banning it is their only option.

yes it is
No, it's not. You disagree with it.

To say it's fraudulent is just delusional. Where is the fraud?

How do you indirectly steal code and what would Atmosphere have?
You disassemble it and then write something equivalent. That creates a clear copyright violation.

Which re3 will become very aware of soon.
 

Kopimist

Well-Known Member
Newcomer
Joined
Nov 6, 2019
Messages
90
Trophies
0
Age
34
XP
375
Country
United States
To all the people claiming Team Xecuter stole code from Atmosphere was this ever proven? Im curious to know, I hear a lot of people claiming it but was it ever actually proven? The only way to know for certain would be to disassemble SX OS and to my knowledge thats never been done. Correct me if I'm wrong however. If it has been proven id like to see the proof out of pure curiosity. If someone could point me in the right direction. It would be much appreciated.
 

The Catboy

GBATemp's Official Catboy: *Smug gay sounds*
Member
Joined
Sep 13, 2009
Messages
24,709
Trophies
3
Age
30
Location
In front of my Switch
XP
24,947
Country
Antarctica
To all the people claiming Team Xecuter stole code from Atmosphere was this ever proven? Im curious to know, I hear a lot of people claiming it but was it ever actually proven? The only way to know for certain would be to disassemble SX OS and to my knowledge thats never been done. Correct me if I'm wrong however. If it has been proven id like to see the proof out of pure curiosity. If someone could point me in the right direction. It would be much appreciated.
This has been proven
There have been several other issues noted where SXOS was found to share many of the issues found in beta versions of Atmosphere, unfortunately, I can't seem to find those tweets. One of the reasons SXOS started doing "beta" versions was because they pumped out 3 broken updates due to the code being based on unstable Atmosphere code.
 
  • Like
Reactions: Kopimist and Memoir

secti8n

New Member
Newbie
Joined
Nov 6, 2021
Messages
1
Trophies
0
Age
47
XP
2
Country
Netherlands
Members of gbatemp
where is the oldskool hacking of boot.dat with sx os
Denuvo cracked by EMPRESS,RAZOR,HOODLUM,PLAZA(CODEX) AND SO ON AND SO ON
WE HAVE C.O.R.E for keygen and hacking when you start to learn,
that we have so much GROUPS for hacking and cracking that when they put there minds together
and come with a more better solution for this problem.
Boot.dat (okay xci loading,usb hard disk loading, are they all scared of nintendo.
 

The Catboy

GBATemp's Official Catboy: *Smug gay sounds*
Member
Joined
Sep 13, 2009
Messages
24,709
Trophies
3
Age
30
Location
In front of my Switch
XP
24,947
Country
Antarctica
Members of gbatemp
where is the oldskool hacking of boot.dat with sx os
Denuvo cracked by EMPRESS,RAZOR,HOODLUM,PLAZA(CODEX) AND SO ON AND SO ON
WE HAVE C.O.R.E for keygen and hacking when you start to learn,
that we have so much GROUPS for hacking and cracking that when they put there minds together
and come with a more better solution for this problem.
Boot.dat (okay xci loading,usb hard disk loading, are they all scared of nintendo.
https://gbatemp.net/threads/hack-sxos.582831/
You're welcome
 

Memoir

Hi, I'm Cynical!
Member
Joined
Jun 24, 2007
Messages
10,937
Trophies
1
Location
In the Murderbox!
Website
www.twitch.tv
XP
12,698
Country
United States
To all the people claiming Team Xecuter stole code from Atmosphere was this ever proven? Im curious to know, I hear a lot of people claiming it but was it ever actually proven? The only way to know for certain would be to disassemble SX OS and to my knowledge thats never been done. Correct me if I'm wrong however. If it has been proven id like to see the proof out of pure curiosity. If someone could point me in the right direction. It would be much appreciated.
You're coming in way too late to challenge this notion.
 

Kopimist

Well-Known Member
Newcomer
Joined
Nov 6, 2019
Messages
90
Trophies
0
Age
34
XP
375
Country
United States
This has been proven
There have been several other issues noted where SXOS was found to share many of the issues found in beta versions of Atmosphere, unfortunately, I can't seem to find those tweets. One of the reasons SXOS started doing "beta" versions was because they pumped out 3 broken updates due to the code being based on unstable Atmosphere code.
Thank you for this.
 

dude1

Well-Known Member
Member
Joined
Apr 11, 2006
Messages
339
Trophies
0
Website
Visit site
XP
1,338
Country
Canada
They have the legal right to do it because almost everyone hacking consoles, is doing it purely to pirate games.

I'd say that kinda gives them a moral right to do it.

I'm not entirely sure why it bothers anyone.
theres no data to prove that almost everyone hacking consoles, is doing it purely to pirate games.
even if I granted that as 100% fact, people have the right to do with there porperty as they see fit.
if police want to try to prove and arrest individual pirates go ahead but the argument everyone uses X for X is the same argument as "almost everyone with guns, knives etc. is doing it purely to commit crimes."

just cause some people break the law with some tool doesnt justify taking away the rights of people who haven't yet with said tool.

them stealing my right to use my property as I see fit against my will gives me and others like me the moral superiority in this regard, unless you don't believe in property rights at all.

it bothers anyone who believes in property rights, heck they get mad about console hacking, piracy, emulation for the same reason, they also believe in property rights.
the disagreement is where theres stop and ours begin, but they constantly want to have their cake and eat it too.
 

smf

Well-Known Member
Member
Joined
Feb 23, 2009
Messages
5,409
Trophies
1
XP
4,044
Country
United Kingdom
it bothers anyone who believes in property rights, heck they get mad about console hacking, piracy, emulation for the same reason, they also believe in property rights.
the disagreement is where theres stop and ours begin, but they constantly want to have their cake and eat it too.

No, they want you to stop pirating games.

Emulation is almost always piracy too.
 
General chit-chat
Help Users
  • No one is chatting at the moment.
    The Real Jdbye @ The Real Jdbye: oh, i don't agree with them