Nintendo files lawsuit against RCM Loader seller, claims piracy is a worsening international problem

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Nintendo isn't done trying to take legal action against those trying to let users hack their Nintendo Switch consoles. They've filed yet another lawsuit recently against defendant Le Hoang Minh, who has been accused of selling devices that allow for the "circumvention of a technological protection measure that controls access to a copyrighted work and trafficking in devices intended to circumvent technological protection measures". Minh has, according to the legal documents, previously sold "jailbreak device" RCM Loader through Amazon, to which Nintendo issued a DMCA notice. The seller then filed a counter claim against Nintendo, and continued selling the device. Now, Nintendo is looking to sue for damages--a whopping maximum of $2,500 per violation--and to prevent Minh from being able to sell such products ever again.

Nintendo's lawyers claim that piracy has become a "serious, worsening international problem", to which the company has focused on taking action against, as seen in the numerous lawsuits and legal battles we've seen crop up in the past year. In May, Nintendo went after Tom Dilts Jr., owner of Uberchips, who was a reseller of SX OS and other Team Xecuter products. Team Xecuter themselves also ran into legal issues, with the FBI arresting two of their members last month.

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Dust2dust

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This can still be bought easily on sites like aliexpress. I wonder why Nintendo goes to all that trouble for a simple reseller. If a user is savvy enough to use an RCM dongle, surely he would know how to use the equivalent app on his phone to do the same, or use TegraRCMgui on the PC. Plenty of ways to push a payload.
 

leerpsp

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I hope they don't win this case because if it is its a setback for the people that don't use it for piracy and a setback for homebrew as a whole, The way I see it if you own a system its yours to do with what you want, as for Piracy yes I can 100% see why they go after people for it and they should but the fact they are trying to turn the switch off for homebrew all together is a problem and the RCM loader does not let you steal games it lets you use homebrew, the only thing that lets you use the free games are the people that make the programs that let others do it and if its out there people will use it, they don't need to go after people that are selling rcm loaders or using homebrew they need to go after the people that make piracy possible.
 

zoogie

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Seems like they could try a "mostly legitimate use" defense, but the feature list includes running SXOS and ReiNX - that doesn't do them any favors.
 
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Silent_Gunner

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Doesn't Le Hoang Minh live in China? Or is this not the same guy who was doing so when the other two guys with Team Xecuter got arrested?

EDIT: read that last paragraph and also the fact that this is over RCM loaders. Are these those weird dongles that upload the payload to the Switch? Or is this any RCM jig?
 
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Dust2dust

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Wow, didn't know they were selling these on Amazon, it even has Prime shipping.
Thanks for the advertisement, Nintendo :P
You remind me of the first time I heard of the R4 flashcards for the DS. It was a story about Nintendo sueing some reseller. Indeed, thanks for keeping us informed, Nintendo. :rofl:
 

ClickCLK

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Nintendo need to sue nvidia, two times even: first time for weak security in their chips and second time for even having recovery mode on those chips. Oh, and a third time too, for selling them tegra chips at all, because tegra chips can run code, which inevitably leads to possibility of piracy.
 

yoyoyo69

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i want them to try this on european court ;)
if they were ever serious they would not have released joycons with this drift problem

Have to say I agree. Whilst I agree piracy "can" have negative effects on the industry, it's a shame that a corporation wallet can allow them to dictate what a user can and can't do with their device.

It's all the more worse when Nintendo have intentionally released s faulty product, as well as continuing to sell them, even when revised, still immense failure rate.

Cash speaks and it only ever speaks for those who own it.
 
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