Gary Bowser has been sentenced to 3+ years in prison

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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.

:arrow: Source
 

SonicRings

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I feel bad for the guy but just imagine how all those people who made the games working countless hours feel about there game getting pirated after all there hard work. He had it coming he stole millions of dollars from nintendo and all the people who worked there ass off on making the games!
What a naive mindset.
 

Arilys

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I feel bad for the guy but just imagine how all those people who made the games working countless hours feel about there game getting pirated after all there hard work. He had it coming he stole millions of dollars from nintendo and all the people who worked there ass off on making the games!
I really don't understand how there are people that use this argument. Do you honestly think that the devs only get paid after the game starts selling?
Sure, that applies to indie games, but I seriously doubt that Nintendo did this to help the indie devs, and I doubt even more that they'll give any of the 4.5 million to any indie devs lmao
 

smf

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Yes but no. Obviously, that's why a lot of the reason for the public nature but sometimes there's just overkill for the sake of overkill. His crimes are bad but they aren't so extreme that they need to go through with so much. They've pretty much stated that this punishment is just for sake of making an example of him.

There are very few criminals that have a positive outcome for society by locking them up.

Take away the setting an example to others and why else would you lock someone up?
 

smf

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I really don't understand how there are people that use this argument. Do you honestly think that the devs only get paid after the game starts selling?
Sure, that applies to indie games, but I seriously doubt that Nintendo did this to help the indie devs, and I doubt even more that they'll give any of the 4.5 million to any indie devs lmao
Even if they work for a company that is paying them, if that company doesn't get paid then they may get laid off or not get raises, bonuses etc.

There was carnage in the uk game industry job market when a load of companies all went under at the same time. I don't think it ever really recovered.
 

smf

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Makes me wonder if the act of jailbreaking my own console is legal, as I may not even own it, according to big corp :gun:
In terms of DMCA, AFAIK it's gbatemp that is liable for allowing discussion of jailbreaking & you if you tell someone how to do it (and of course TX for selling a product). I don't believe it covers you reading that information and performing the mod, or attempting to buy it. However if they can intercept the products being shipped then they can seize them (technically a country can probably seize it off you at their border too, if they have any idea what it is).

Of course, you downloading the games is illegal.
 

smf

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Modchips are similar to rooting an Android or jailbreaking an iphone. The fact that they happen to enable piracy is just a side effect of opening up the software. If circumventing the DRM has even one legitimate use, then it is legitimate and shouldn't be illegal. Banning modchips or console hacking dongles is like banning hammers because a lot of people murder other people with them.
What is the legitimate use? This argument has been tried multiple times, the only concession they have given so far is that you can jailbreak a console to be able to pair a new optical drive with a console. Similar to jailbreaking an iphone but people came up with legitimate uses and got exemptions for phones. You have to make a good argument, not just stamp your feet and pout.

Your argument is like saying that cocaine should be legalized because someone somewhere might have a legitimate use for it, then going off to a strip club to snort cocaine off strippers.
 

Cris1997XX

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People are still taking Gary Bowser's side, defending him from the accusations, fee and jail time to shit on Nintendo (Even though it was the FBI who put him in prison). But they're absolutely ignorant about one thing: The dude put DRM on his modchips! You stop paying the (Forced) subscription? Bricked Switch. You try to steal his code? Bricked Switch. He even used other people's code for SXOS. But of course everyone glosses over all that
 

Arilys

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Even if they work for a company that is paying them, if that company doesn't get paid then they may get laid off or not get raises, bonuses etc.

There was carnage in the uk game industry job market when a load of companies all went under at the same time. I don't think it ever really recovered.
Piracy is a tiny, TINY percentage of the total userbase, be it in games, movies, whatever you want. Especially nowadays with how easy and "affordable" (if you don't think long term, but that's a different can of worms) streaming services are (for movies and music) and the ease of access to digital versions (in the case of games and books).

I mean, there's even that study that concluded that piracy barely affects end sales unless it's big blockbuster movies...and that in some cases (like games) it actually seems to help boost sales. Funny how said study was "hidden" for years before we even got to see it. I wonder why :unsure:
Article 1
Article 2
The study itself

The reason companies are so vocal about piracy is because they can't handle the thought of not having ALL of the money. I still remember when Microsoft tried to make Xbox One games have that dumb DRM system where you had to verify that you owned the games every 24 hours, and would make lending/reselling games a crapfest to make people buy more instead of having to deal with that hassle.
Not to mention the occasional buzz about some game companies having ideas of trying to end selling games in second-hand.

The biggest reason companies lay off employees or don't give them raises often has little to do with piracy. Sometimes they do it even though they had hugely successful years (remember this?).
Again, companies con't care about consumers; they care about consumers' wallets. Just at how BotW, Mario Odyssey, MK8 Deluxe and other Nintendo exclusives are still 60 or 70 bucks even though some were released 5 years ago when the Switch first came out. Meanwhile, PS4 and Xbox exclusives tend to lower in price after a year or so.
They don't care about their "grunt" employees (the devs and so on) as much as they pretend to; they're busier trying to make their profit numbers as big as they can to brag to shareholders.

You even have cases where they'll bitch and moan about games that sell a huge amount of copies but don't reach their insane sales goals (I know there were a few cases of this a few years ago with EA and one or two other companies, but I can't remember enough specifics to find any proper links about it), and then it's the devs that get shafted for it.

And don't even get me started on the insane amount of money they get from microtransactions. Here's another one. And this one even mentions Nintendo, but it doesn't have any specifics about the split between MTXs and digital game sales - but if we go by the other examples, I'm gonna guess the MTXs are the bigger piece of the pie.

Note: I'm not defending Gary Bowser. I always thought that charging for the hardware mods was a bit close to the line (but I also understand it because it involves costs of production and sending to buyers), but them also making SXOS have licenses was especially cheesy and made me not care at all about chipping my Lite.
Plus marketing the SXOS for piracy was just a really dumb strategy.

TL;DR: There's a study that reveals that piracy might actually help boost sales of games in certain cases, and even then piracy is such a small percent of the whole userbase that whatever losses it causes are basically "pennies" compared to the rest of the money that Nintendo and other gaming companies rake in from legit buys of consoles, games, DLCs and microtransactions. Especially in Nintendo's case since they just refuse to lower their prices and end up with 5 year old games still at 60 or 70 bucks that somehow still keep selling like hot cakes.

This is Nintendo just flexing their "legal muscles" and going way too overkill just because they have the money to do so, imo. Gary deserves some punishment, but dragging him over the coals then nailing him to a cross as an example makes them no better than the "evil" they're trying to "stop".
 

City

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Piracy is a tiny, TINY percentage of the total userbase
Lmao

It's because of the rampant piracy on Android that the majority of games tend to be freemium garbage, while the good games get forgotten because they either get ignored or pirated even if they cost very little. Imagine if you could pirate on consoles like you can on Android.
 

Arilys

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Lmao

It's because of the rampant piracy on Android that the majority of games tend to be freemium garbage, while the good games get forgotten because they either get ignored or pirated even if they cost very little.
Comparing two completely different markets (console gaming vs mobile gaming).

I don't remember Android gaming starting off with paid games, the whole hype I saw about it was about there were so many free games on it.
If you're going to make one of the main draws of your platform the free games, you're obviously gonna attract way more people that will be willing to pirate the ones that end up being paid. Consoles are the opposite: everyone knows the majority of games are paid, and the free ones are the minority, so a big part of the userbase is fine with paying for the games.

Besides, mobile gaming pretty much blows the rest of the gaming industry out of the water profit-wise because devs just need to find the whales.

Again, apples and oranges comparison.

Either way, emphasis by me:
"Monument Valley joins a short list composed of Minecraft and The Room for premium-priced games that are performing well on smartphones and tablets.

So while pay rates of 5 percent and 40 percent seem depressing, it’s not something that is bothering Ustwo.

“We’re not complaining at all,” the developer went on to write on Twitter. “It’s to be expected. It’s just interesting data.”

Ustwo announced this morning that its whole development team is back in the office for the first time since October. So clearly, it is ready to get back to work despite piracy eating into its earning potential."

It does suck for any games that try to be paid-only on Android, but like your own article points out, the devs were already expecting an outcome like this.
Even after this, they're going back to work on games that I assume will be released on mobile as well, so that just looks to me that even with this much piracy on Android, they still consider their profits high enough that they'll keep making games.

Now if you tell me that Android should get its shit together and find some way to help developers make games / apps harder to pirate, I'll agree with you. But we know that's probably, so if devs are really getting burned by all the mobile piracy, they should just move on and make paid games for console and PC instead, or just join the dark side and make free games to try to find their own whales.

Imagine if you could pirate on consoles like you can on Android.
Imagine if Nintendo lowered the prices of games after a year or two instead of keeping them full price until they stop making them. Some more people would probably be willing to buy them instead of waiting for piracy or second hand sales (which also "hurt" companies, according to some).

See, I can make "what if" non-arguments too.
 

SonicRings

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Imagine if you could pirate on consoles like you can on Android.
That would be great! No way in hell am I paying $90 plus $40 for dlc for a port with additional ported levels (cough Mario Kart 8 + new DLC cough).

Screenshot 2022-02-10 17.04.11 firefox.png


Seriously, tell me with a straight face that Mario Kart 8 Deluxe, a port of a Wii U game that released in 2014 (8 YEARS AGO!!), should be worth $90. This shit NEVER goes on sale, either.
Add the $35 +tax on top (so $40) and you've got yourself a nice $130 gaming experience that you can only reduce by $10 if you buy the base game second hand (because yes, people still charge $80 for the base game). Maybe take another $10 off if you get lucky and the person's willing to go down to $70 for you. Assuming of course they don't delete/block you for making such an offer in the first place.

Screenshot_20220210-101330.jpg
 

KennyAtom

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Jumping on the train here to say both sides are wrong in this situation.

Nintendo shouldn't have dragged him through the mud this hard, 5 years is a little strong, especially since he's already served 2 just in custody at this point.

Gary Bowser was wrong because you do not charge for both chips and software, and to be honest, I don't buy his "But I only made 320k in 7 years!" claim, that'd mean he only had 45,714 USD a year, and that doesn't seem like a livable wage (unless he worked on the side as well)
 

relauby

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Gary Bowser was wrong because you do not charge for both chips and software, and to be honest, I don't buy his "But I only made 320k in 7 years!" claim, that'd mean he only had 45,714 USD a year, and that doesn't seem like a livable wage (unless he worked on the side as well)
Well, he was living in the Dominican Republic, and I think that's well above average salary there, based on an article I saw in the Dominican Today (assuming that's reliable).
 

Fred Molyneux

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But seriously, no one doubts the guilty plea from Gary? I mean, we know in USA the justice system is totally messed up. You have 97% conviction rate in federal court (like even African dictators don't have such a high conviction rate) and basically, you either plea guilty and come out alive, or you fight, and you are almost certain to get a death sentence (they were asking for 80+ years in prison with all the counts).
Just saying, for all those years we saw Gary around, posting news about everything -not just TX- and I never heard anyone told me he bought something from Gary. He got advertising money, but I never heard anyone who told me he bought from Gary or that Gary connected him to one of his distributor.
I do not trust a single word from the FBI, since its creation that agency has been proven to be corrupted and just a bunch of liars. I mean, look at Assange now, look at Snowden, they invaded Irak and that resulted in 500,000 civilian deaths, on lies they created.
Just saying, does anyone really believes what they write? I think we will know the truth only when Gary comes out or from one of the real TX guy, as I don't even think Gary was part of TX at all. And Gary never paid $4.5 millions, the guy was broke, he had a court appointed lawyer. He just agreed to it and will never pay it of course. Where is all the money they claim was made?
They accuse the French guy to be the main guy. Nintendo is in France, TX products are/were sold in France, why there is no court action in France? Maybe because they can't buy justice in real democracies.
I think this was just to scare the real TX guys, possibly some of them are Americans, and it worked, as they kept going for a while (apparently Gary wasn't much needed), and finally bailed out. But in the end, we have one probably 100% innocent guy rotting in jail because that's just a game for corrupt FBI.
 

KennyAtom

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Well, he was living in the Dominican Republic, and I think that's well above average salary there, based on an article I saw in the Dominican Today (assuming that's reliable).
weird, I heard he was in Canada.

I guess you learn something new every day, thank you for letting me know, the 320k seems much more believable now

I still doubt he made only 320k, but if that's an above average salary, then it is a little more believable.
 

smf

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Piracy is a tiny, TINY percentage of the total userbase, be it in games, movies, whatever you want. Especially nowadays with how easy and "affordable" (if you don't think long term, but that's a different can of worms) streaming services are (for movies and music) and the ease of access to digital versions (in the case of games and books).

I mean, there's even that study that concluded that piracy barely affects end sales unless it's big blockbuster movies...and that in some cases (like games) it actually seems to help boost sales.
Wishful thinking

https://arstechnica.com/gaming/2017...acy-doesnt-hurt-game-sales-may-actually-help/

EU study finds piracy doesn’t hurt game sales, may actually help​

Results suggest a positive effect, but there's a huge margin of error.​

The 306-page "Estimating Displacement Rates of Copyrighted Content in the EU" report (PDF) points out a number of caveats for this headline number, not least of which is a 45-percent error margin that makes the results less than statistically significant (i.e. indistinguishable from noise).
 

relauby

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weird, I heard he was in Canada.

I guess you learn something new every day, thank you for letting me know, the 320k seems much more believable now

I still doubt he made only 320k, but if that's an above average salary, then it is a little more believable.
He's originally Canadian and lived there much of his life (bounced around between US and Canada as a kid) but he was extradited from the Dominican Republic when this all went down. Not sure how long he was living there, but seeing as some of the other TX guys lived there I'd say he lived there for most, if not all, of his time with TX.
 

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