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    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.

    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
     
  2. Discussion (333 replies)

  3. x65943

    x65943 Dr. Rabbi Prince X, Sr., Ed. D.
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    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.
     
  4. AlphaSapphire

    AlphaSapphire GBAtemp Fan
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    Oof wonder what will this will impact in the hacking scene
     
  5. NoNAND

    NoNAND Give me back my legions!
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    I can see where this is going
    Hopefully they won't sue the atmosphere cfw makers..
     
    Red771, Moke3, IanSkinner1982 and 4 others like this.
  6. HRudyPlayZ

    HRudyPlayZ The panda god that does everything
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    lol irreparable damages.
    Selling SX devices isn't even illegal in most country and it's not because it is in Japan that they can impose their laws on the whole planet.
     
  7. NoNAND

    NoNAND Give me back my legions!
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    Remember the ROM sites lawsuit?
    I sure hope this won't end as bad as that one
     
    Red771, RichardTheKing and x65943 like this.
  8. mrgone

    mrgone old man
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    who is old enough in here to know who liksang was?
     
  9. x65943

    x65943 Dr. Rabbi Prince X, Sr., Ed. D.
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    Well those are legitimate claims. Rom sites sell copyrighted nintendo software.

    TX sells the means to play such software, but not the software itself.
     
  10. Jayro

    Jayro MediCat USB and Mini Windows 10 Developer
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    All we can do is support TX right now in these trying times.
     
  11. ShadowOne333

    ShadowOne333 GBAtemp Guru
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    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, May 18, 2020
    ELY_M, superxoi, skinnyBIGGS and 33 others like this.
  12. callmebob

    callmebob The Grandpa of Awe!
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    End of hard mods and or physical solutions. Only soft mods if any at all going forward.
     
  13. grey72

    grey72 GBAtemp Regular
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    Nintendo can't touch Atmosphere. It goes out of its way to not let you pirate out of the box.
     
    Last edited by grey72, May 18, 2020
    ELY_M, Sumasuun, Moke3 and 5 others like this.
  14. bigfatToni

    bigfatToni GBAtemp Fan
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    this reminds me of the r4 cards
     
    Stealphie likes this.
  15. Ericzander

    Ericzander Always sleeps.
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    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.
     
  16. 8BitWonder

    8BitWonder Small Homebrew Dev
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    It's almost like they're doing what literally any other company's goal is. :unsure:
     
    Red771, Sumasuun, JavaScribe and 10 others like this.
  17. Bladexdsl

    Bladexdsl ZOMG my posts...it's over 9000!!!
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    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, May 18, 2020
  18. antiNT

    antiNT a.k.a Johnny El Pollo Loco
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    SX OS isn't copyrighted material, right ? So, there's nothing illegal in it.
     
    Sumasuun likes this.
  19. kingaz

    kingaz GBAtemp Regular
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    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).

    Because of the DMCA (and equivalent laws in other countries), SX OS is quite illegal.
     
    Last edited by kingaz, May 18, 2020
  20. Reecey

    Reecey Mario 64 (favorite game of all time)
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    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!
     
  21. Goku1992A

    Goku1992A GBAtemp Advanced Fan
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    This wont stop anything if people really want something they will get it. (Dark Web) They can easily set shop where US has zero Jurisdiction
     
    ELY_M and RedBlueGreen like this.
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