​

After being indicted in 2020, Gary Bowser's trial is finally over, and he has been sentenced to 3+ years in prison. Bowser was facing eleven felony charges as the public face of Team Xexuter, estimated by the U.S. government to have cost the videogame industry between $65 million and $150 million by facilitating piracy. Bowser pled guilty to charges of trafficking in circumvention devices and conspiracy to circumvent technological measures in November, agreeing to pay $4.5 million in fines, but was also ordered to pay another $10 million to Nintendo in a civil case.

"This is not a victimless crime. The leaders of this multimillion-dollar scheme are responsible for diverting money from creative professionals who have worked hard to provide unique products and experiences,” said Special Agent in Charge (SAC) Robert Hammer. Another Special Agent in Charge, Donald M. Voiret, is quoted saying "he also wasted the efforts of legitimate companies as they attempted to build protections for their products.”

Last week, the prosecution announced they were seeking a five-year sentence, while the defense only wanted nineteen months. Bowser has been detained since October 2020 as he was not able to secure pretrial release, so, assuming he serves his full 3+ year sentence, he will have actually been detained for closer to four and a half years.

Source

 

[Deleted member 460266]

The hell sort of site did I sign up to that has several people on page one of this topic demanding that China and Russia Nuke the United States of America? and people clicked like on those posts? Wow. Classy.

 

[smf]

Your stance, as you made clear, is that who cares if it is a fair debate about a law that is used to incarcerate people, and who cares if there is no conclusive evidence to back it up.

No, that is not my argument at all.

The majority of people benefit, if people are prevented from stealing. A lot of people will rationalize that it's ok for them to steal, but they should be protected by law. That isn't a workable system though (for what should be obvious reasons).

America are relatively harsh with sentencing. Part of his sentence will apply to money laundering and wire fraud, that they also found him guilty of.

As for fair debate, I'm not preventing you from debating. However you seem to want to prevent me from debating.

 

[smf]

I mean, these are the ones who stalked Nintendo 3DS modders if I remember correctly, and government didn't give a shit. What else were we expecting?

Surveillance may be more of an apt term, stalking is what you do when you have no legitimate reason.

https://pursuitmag.com/when-does-surveillance-become-stalking/

I think the irony is that we are having a discussion about this issue on a site that brings the hacking community together and yet we still have defenders of a law that seems biased towards these mega corporations and are antithetical to hacking a system we own to run our own code.

The irony is that you wanted an echo chamber that reflects back a legal opinion that benefits you, rather than an actual debate on the legal system and how it benefits everyone. Resorting to attacks on the victim in the case is a sign of a weak argument.

Who exactly has prevented you from hacking a system that you own? Or do you mean you are being prevented from purchasing a product that will hack the system for you?

 

[Shinai7047]

assuming he serves his full 3+ year sentence, he will have actually been detained for closer to four and a half years.​

Source

I want to clarify that since this was a US federal case, there's a good chance that he'll get time served subtracted from his sentence. That's typically how it works if you aren't released on your own recognizance / bond and serve any amount of time in jail without being sentenced. Since he's been there since Oct 2020, that's over a year and 4 months to date. So if he started his sentence this month that would mean he only has a year and 8 months to serve.

Still bullshit tho.

 

[smf]

Since he's been there since Oct 2020, that's over a year and 4 months to date. So if he started his sentence this month that would mean he only has a year and 8 months to serve.

Still bullshit tho.

His own lawyers suggested 19 months. So he was staying in prison no matter what, just for not quite as long.

 

[peteruk]

Can't keep a good man down

Nintendo ‘Hacker’ Gary Bowser Released From Federal Prison

https://torrentfreak.com/nintendo-hacker-gary-bowser-released-from-federal-prison-230417/

 

[Jayro]

Can't keep a good man down

Nintendo ‘Hacker’ Gary Bowser Released From Federal Prison

https://torrentfreak.com/nintendo-hacker-gary-bowser-released-from-federal-prison-230417/

Good, he shouldn't have been there in the first place. Now I hope he counter-sues Nintendo for his time.

 

[Axido]

Good, he shouldn't have been there in the first place. Now I hope he counter-sues Nintendo for his time.

You do realize that he just served his sentence and got out a few months early due to good behaviour, don't you? In a legal sense his "guilty" verdict still holds, which honestly is a poor thing to base a counter-case on.

 

[Jayro]

You do realize that he just served his sentence and got out a few months early due to good behaviour, don't you? In a legal sense his "guilty" verdict still holds, which honestly is a poor thing to base a counter-case on.

Pleading guilty to get out faster is a tactic, not a true admission to guilt, to most people that plead guilty.

 

[Kioku]

Good, he shouldn't have been there in the first place. Now I hope he counter-sues Nintendo for his time.

He wouldn’t win…

 

[Jayro]

He wouldn’t win…

Not with the shitty lawyers he used before, of course not. He needs some GOOD lawyers.

 

[Kioku]

Not with the shitty lawyers he used before, of course not. He needs some GOOD lawyers.

He has no legal ground to stand on… He played a risky game and lost. Nothing he can do about it.

 

[naddel81]

so he only did a year and a few months for making millions? even if he had to pay his $10 million, I am sure there is still some money left

 

[Jayro]

so he only did a year and a few months for making millions? even if he had to pay his $10 million, I am sure there is still some money left

For such a niche product in a niche market, I'm pressing X for doubt... I don't think he had millions to begin with. *Maybe* a hundred thousand, at best.

 

[naddel81]

For such a niche product in a niche market, I'm pressing X for doubt... I don't think he had millions to begin with. *Maybe* a hundred thousand, at best.

the Xecuter products sold over 10 years like hot chocolate. every Xecuter chip for xbox and switch made $$$. they sold so many that nintendo went for them.
I am sure he has money on the shelves.

 

[djpannda]

Can't keep a good man down

Nintendo ‘Hacker’ Gary Bowser Released From Federal Prison

https://torrentfreak.com/nintendo-hacker-gary-bowser-released-from-federal-prison-230417/

... ill say it again

Ok… do we NOW get the sxos update!

 

[SylverReZ]

He's recently been released from prison: https://torrentfreak.com/nintendo-hacker-gary-bowser-released-from-federal-prison-230417/