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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Armadillo

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Don't worry! TX team never helped the scene, they weren't here to share their "work"...And often lazy waiting sciresM news..

Guess I missed the solution other than TX modchip for updated Mariko and Switch lite. Must be another solution as TX didn't help, any link to that?
 

Armadillo

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https://github.com/Atmosphere-NX/Atmosphere/releases

Don't matter how good your hardware is

Any major changes on new update by nin TX was waiting on M.S

Not in doubt, TX did rely on atmosphere for the software side.

Atmosphere alone is useless for Lites and updated Mariko's without TX hardware. Other poster said TX "never helped", so where's the non TX solution? If there's none, axe to grind or not. TX's hardware helped.
 

Donnie-Burger

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Not in doubt, TX did rely on atmosphere for the software side.

Atmosphere alone is useless for Lites and updated Mariko's without TX hardware. Other poster said TX "never helped", so where's the non TX solution? If there's none, axe to grind or not. TX's hardware helped.

Cant run anything past 11 without atmos so yeah def needed unless you wanna stay on 11.0.
Lets not forget where they got the hardware hacks from as well. Nothing was theirs.
They only contributed for $$ and what they contributed was others work and they gave no credit.

Shit they weren't even the real TX LOL.
 

izy

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Cant run anything past 11 without atmos so yeah def needed unless you wanna stay on 11.0.
Lets not forget where they got the hardware hacks from as well. Nothing was theirs.
They only contributed for $$ and what they contributed was others work and they gave no credit.

Shit they weren't even the real TX LOL.
i mean sure how about you design a chip, test it fabricate it

RnD is has its costs
also tell me where they got their hardware hacks for the mariko units/lites and now the oled lul
 

Fred Molyneux

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That was completely unrelated to TX. Someone copied what HBG was doing and stuck it behind a paywall. There is absolutely zero evidence that TX was behind it. Sure Gary reported on it but Gary reported on lots of things, the Rebug Switch Me modchip for example, that doesn't make Gary a part of Team Rebug. For all we know the HWFly people were behind StargateNX
The fact is clearly Gary was just a journalist using TX to promote his site (and sell advertising). That is his only 'crime'. US justice - and the FBI in particular - is a joke. It is all about money. They killed Huawei without bringing a single proof. They accuse guys here and make them face 80 years in prison so they all plea guilty when they might be innocent because with a conviction rate of 95+%, fed court are only equal to african dictatorship. Not a single western democracy has such conviction rate, crazy sentencing. When Apple and Samsung sue each other for copyright infrigment, they get fine. When Huawei, TX or Assange or anyone not in some U.S. senator payroll does something, they face life in prison. Fuck FBI and fuck US justice system. All 3 accused are in countries where Nintendo has an office and with normal court, how come they were never tried or accused in their country? And I am pretty sure all 3 have absolutely nothing to do with SX chips and TX.
In fact when they were arrested, all sales went on normally, only a few months later when they really started to panic, did TX stopped because they saw the craziness of U.S. justice.
I know Max was the guy who founded Megaupload with Kim Dotcom, coincidence? Same here, no country had a problem with Megaupload, but U.S. did. Funny they had no problem with Youtube or any filesharing services made in USA. Sometimes i wonder which country between China and USA is the most corrupt. Glad the the European Union is still there to share human values.
 

fst312

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Can’t he file bankruptcy or something to avoid paying that amount. I doubt anyone has that kind of cash on hand, unless he was also profiting from all these mod chip sells. It’s still wrong to me that someone that has nothing to do with creating sxos has to go to jail. I never bought the product but wasn’t he just basically advertising it, the way things get posted here when it comes to updates and software information. Maybe I don’t have all the info on this but this is going to probably hurt future stuff. On an unrelated note to this, is that gta case still active, the one that was ported to almost every system.
 
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XDel

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So, he shared no software illegally, that I am aware of, and his crime is creating a piece of hardware that modifies a piece of hardware that the consumer, bought, paid for, and owns, so they can play Homebrew, and if they should choose, run back ups of the games they own, and if they wish to take it an illegal step, could also use to pirate.

This is stupid. The majority of people don't know how to do this, many of us are collectors and know we will get our money back out of our games, and I know for a fact that study after study has proven that piracy really isn't a threat to a century old, world wide, mega corporation.

People have been mentally trained to behave as sheep and as property.
 

Fred Molyneux

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Can’t he file bankruptcy or something to avoid paying that amount. I doubt anyone has that kind of cash on hand, unless he was also profiting from all these mod chip sells. It’s still wrong to me that someone that has nothing to do with creating sxos has to go to jail. I never bought the product but wasn’t he just basically advertising it, the way things get posted here when it comes to updates and software information. Maybe I don’t have all the info on this but this is going to probably hurt future stuff. On an unrelated note to this, is that gta case still active, the one that was ported to almost every system.
And for this, I am pretty sure Gary doesn't give a damn about this fine. Ask anyone between 10 years in prison or 4.5 millions fine (that you don't pay because you don't have it) and see the answers. In my country you need to kill someone to spend 10 years in prison. Of course, we have 20 times less crime than mad USA but still...
 
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Donnie-Burger

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i mean sure how about you design a chip, test it fabricate it

RnD is has its costs
also tell me where they got their hardware hacks for the mariko units/lites and now the oled lul
Damn even you dont know, id figured you did with all that TX dick riding you do lul

Even the old TX built their shit on others work.
 
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CoolMe

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Seems he f*cked it up real bad, and Nintendo is taking the opportunity to make an example out of him, for any Switch hackers in the future.. 4.5 $mil is a lot of dough, makes you think how much he profited..
 

HellGhast

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pleading guilty means precedence wasn't set, right?
Precedence was set, but could depend on appeals coz higher/ superior courts can either affirm or even reverse decision of lower courts.

Remember the Supreme Court(or whatever court is superior in yo country) is the highest court of record(precedence)
 

pedro702

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Seems he f*cked it up real bad, and Nintendo is taking the opportunity to make an example out of him, for any Switch hackers in the future.. 4.5 $mil is a lot of dough, makes you think how much he profited..
its not like he is gonna pay it lol, you can say you take the fine and then say you dont have any money, if he doesnt have any assets in its name they cant take anything from in, so the pawn a percentage of his paycheck until the debt is paid(if he has a legit paycheck in the usa that is) so he doesnt loose anything per say, what happens is people that get this pawn on paycheck either do work without papers therefore they dont get pawn or just chnage country and work on another country and the government cant pawn its paycheck from another country.
 
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