Nintendo files two new lawsuits against TX-related resellers

nintendo_switch_sx_dongle_team_xecuter.jpg

The never-ending legal battle that sees Nintendo face off against the latest copyright circumventing piracy device continues with two brand new lawsuits. On May 15th, Nintendo filed a couple of lawsuits involving entities responsible for reselling devices used for the "sole purpose of which is to hack the Nintendo Switch video game console in order to allow people to play pirated video games." The first lawsuit is against a group of websites and their respective "John Doe" owners, for anxchip.com, axiogame.com, flashcarda.com, mod3dscards.com, nx-card.com, sxflashcard.com, txswitch.com, and usachips.com, while the second suit specifically targets Tom Dilts Jr. and their company Uberchips.

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF OHIOWESTERN DIVISIONNINTENDO OF AMERICA INC.
Plaintiff
,v.
TOM DILTS, JR.
and
UBERCHIPS, LLC, d/b/a UBERCHIPS.COM

Plaintiff Nintendo of America Inc., by and through its counsel, on personal knowledge as to its own actions and on information and belief as to the actions, capabilities, and motivations of others, hereby alleges as follows:

What all these sites have in common is that they sell Team Xecuter's SX dongle, which allows users to bypass the protection on the Nintendo Switch in order to load custom firmware. Nintendo alleges that these products are used purely for piracy. In the past, Nintendo's taken on TX multiple times, perhaps most notably in 2018 where they won a lawsuit against several people who were selling hacked NES Classic systems and SX chips for the Switch on Offerup.

FG0VPJI.png

Nintendo is seeking compensation for "irreparable" damages to the company, as all of the websites have warehouses within the United States, and thus fall within the confines of the law. The monetary demands amount to $2,500 per violation of 17 U.S.C. 1201 (a DMCA provision), as well as $150,000 per violation of Nintendo's rights under the U.S. Copyright Act, in addition to possibly requesting profits the resellers received from selling the offending devices.

:arrow: Source 1 / 2
 

NoNAND

Give me back my legions!
Member
Joined
Aug 22, 2015
Messages
2,280
Trophies
1
Location
Somewhere
XP
4,952
Country
Albania
Curious how this will play out. The SX doesn't exactly sell with any preloaded games and the assertion that there is no legitimate use (like homebrew capabilities) is false.
Remember the ROM sites lawsuit?
I sure hope this won't end as bad as that one
 

ShadowOne333

QVID PRO QVO
Editorial Team
Joined
Jan 17, 2013
Messages
11,109
Trophies
1
XP
14,338
Country
Mexico
Oh what is this?
A device that offers users to do whatever the fuck they want with the device they purchased?
How is that illegal?

The device itself doesn't come with pirated content of any kind.
Consumers and users have the right to do WHATEVER THE FUCK they want with the device, it's not Nintendo's choice to make what the users do or don't with the Switch.

It's obvious they only seek to gain more money. Nintendo's well known for being greedy fucks, as they aren't losing shit giving how the Switch is selling by the millions.

Seriously, I am amazed and disgusted as to why laws in certain countries defend companies over the rights of the consumers.
Shit like this shouldn't be happening anymore.

Fuck Nintendo ad infinitum.
 
Last edited by ShadowOne333,

Bladexdsl

My posts is over 9000!!!
Member
Joined
Nov 17, 2008
Messages
19,999
Trophies
1
Location
Queensland
XP
9,717
Country
Australia
fucking nintendo at it again. first it was fan made games than it was rom sites because they want you to pay $20/y to access 4 shitty OLD games each month and never release ANYTHING actual good instead of providing an actual VC. and now it's the actual chip sites... what will they try to shut down next? places that do repairs on their shitty under-powered consoles because people don't want to mail their shit to nintendo HQ where they sneakretly install the latest updates for you?!

:gun: NINTENDO
 
Last edited by Bladexdsl,

antiNT

:)
Member
Joined
Sep 14, 2015
Messages
598
Trophies
0
Location
Doha - Qatar
XP
2,267
Country
Qatar
Don't mind me, I'm just here to read all the comments by armchair lawyers talking vaguely about how evil Nintendo is and how the fact that Team Xecuter's SX allows you to do homebrew stuff in addition to pirating games makes them 100% in the clear.
SX OS isn't copyrighted material, right ? So, there's nothing illegal in it.
 
  • Like
Reactions: Sumasuun

kingaz

Well-Known Member
Member
Joined
Oct 27, 2013
Messages
298
Trophies
0
Age
34
XP
857
Country
United States
Oh what is this?
A device that offers users to do whatever the fuck they want with the device they purchased?
How is that illegal?

Bypassing copy protection mechanisms is illegal under both US and Mexican law (and these are far from the only countries that have such a provision).

SX OS isn't copyrighted material, right ? So, there's nothing illegal in it.

Because of the DMCA (and equivalent laws in other countries), SX OS is quite illegal.
 
Last edited by kingaz,

Reecey

Mario 64 (favorite game of all time)
Member
Joined
Mar 7, 2010
Messages
5,867
Trophies
1
Location
At Home :)
XP
3,895
Country
Could you imagine how much jail time as well as money tx’s head honcho would get, if they caught up with the individual! I hate to think... scary thought!
 
General chit-chat
Help Users
    Veho @ Veho: how u side load movies?