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.

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.

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[yoyoyo69]

"Anyways I would find them and deal with them... One way or another..

Lol, we got a gangster here

 

[SoulOfGazza]

Another day still radio silence from Max and his shill Bowser
I believe we and the world are awaiting for pics of the production and packing line of these goods.
Come on Bowser you are always quick to get your selling posts up why so quiet now I know you have been on here and reading posts.

Still waiting for you to disprove the factory got served with injunctions and I believe Max got one on his nice island home this morning

Told you Max you would regret ripping me off

 

[Chimech0]

The point you keep on ignoring is, at the point of sale, they give you a license for SX OS as well. If resellers were only selling the modchip on its own, Nintendo wouldn't have a case.

If I sell you a PC with a free Windows License (but don't include the CD/DVD/USB installer), you still have the choice as an user to use any other OS you want, for instance, you can use any Linux distro and never install Windows on that PC. It's your choice. And if you want to use Windows, you have to actually download it, install it and use it.

My point being that even if it comes with a license, the user STILL has to download the boot.dat and even then, to play pirate games the user has to download them and install them.

 

[Mrperson0]

If I sell you a PC with a free Windows License (but don't include the CD/DVD/USB installer), you still have the choice as an user to use any other OS you want, for instance, you can use any Linux distro and never install Windows on that PC. It's your choice. And if you want to use Windows, you have to actually download it, install it and use it.

Not a fair comparison seeing that the Windows License is actually an official OEM one (most likely). A better comparison would be if they sell you a PC with a modded Windows license that gave you the ability to install other programs (such as Office) for free, which simply wouldn't fly with Microsoft.

And my point is, Team Xecuter is still selling a modded version of Nintendo's OS, which is why Nintendo constantly mentions SX OS in the documents. If they didn't sell the license, then Nintendo really wouldn't have a case.

 

[MrPeach2]

who is old enough in here to know who liksang was?

I bought a ton of stuff from Lik Sang!

--------------------- MERGED ---------------------------

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?!

NINTENDO

"places that do repairs on their shitty under-powered consoles"
You haven't been following the whole "right to repair" issue, I guess.

 

[Legend Of Kay]

Another day still radio silence from Max and his shill Bowser
I believe we and the world are awaiting for pics of the production and packing line of these goods.
Come on Bowser you are always quick to get your selling posts up why so quiet now I know you have been on here and reading posts.

Still waiting for you to disprove the factory got served with injunctions and I believe Max got one on his nice island home this morning

Told you Max you would regret ripping me off

Oh god.. the cringe.. it’s almost... unbearable

 

[realtimesave]

All I know is Gary oPa needs our <3 and hugs and nice things.

 

[aarti]

All I know is Gary oPa needs our <3 and hugs and nice things.

are you a troll

 

[urbanman2004]

So let me get this straight, Ninty is suing guys who sell mod chips in the US?

 

[realtimesave]

are you a troll

hey whyyy what do you mean?

 

[Mrperson0]

So let me get this straight, Ninty is suing guys who sell mod chips in the US?

Nah, they are suing people who are selling modchips and an OS that contains Nintendo's code to run pirated software. Note that Nintendo lists the issue as SX OS in both documents.

 

[weatMod]

Nah, they are suing people who are selling modchips and an OS that contains Nintendo's code to run pirated software. Note that Nintendo lists the issue as SX OS in both documents.

does Doug pay you by the word or by the post?

 

[Mrperson0]

does Doug pay you by the word or by the post?

Is it wrong to point out facts when groups/companies are outright for piracy, especially when users try to defend it?

 

[urbanman2004]

Nah, they are suing people who are selling modchips and an OS that contains Nintendo's code to run pirated software. Note that Nintendo lists the issue as SX OS in both documents.

Ok, just making sure. If only they had sold the software separately, lol

 

[realtimesave]

MaxConsole aka Gary OPA got into the bad business habit of selling pirated software through service and USB stick (True Blue, not the Madonna album though).

I got perm banned from maxconsole after refusing to review the True Blue and deleting my post of some software that allowed you (for pay) to illegally download copyrighted material possibly directly from Nintendo's servers.

A user called xaiNiax on there recovered my deleted review and re-posted it without my permission but who cares, that shit probably doesn't work any more anyways.

Furthermore, it is funny that everyone knows Max L. owns all of this. Gary has not much money so it doesn't help to go directly after him (nor would I wish anything to happy to Gary anyways, or Max for that matter). These guys have brought us some excellent products and updates.

I can't say that the SX products are not illegal and should be allowed in the US because everyone knows about the DMCA and what it contains so I won't go into that.

I cannot be responsible for anyone purchasing pirated software nor am I dumb enough to sell mod chips and similar items in the US. Just let someone else do that and get busted for it. I don't sell software that I do not own and never will.

p.s. those tempers whom think Gbatemp doesn't cater to computer piracy shouldn't even be using this website. I'm not saying that gbatemp hosts pirated material (they don't, and I know for a fact that they do NOT have a back door or anything hosting any pirated material whatsoever) Let me briefly elaborate. Once GBATEMP disassociated itself from efnet IRC, they no longer had ties at all to any pirated games. Also I don't believe that the owner of this website uses copyrighted material, he has a family and is too busy to pirate computer games. but this web site was founded on piracy and circumvention of copy protection devices. Just be thankful that this website is even allowed to exist.

...... I had a feeling that this would happen. Let's pray for the Gary Berry Gary OPA and let him have a safe journey back to his home in the Dominican.