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.

Source 1 / 2

 

[kumikochan]

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

it is, the xios loader is entirely that so they do have a case

 

[linuxares]

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.

Actually, it's probably been answered. But they have right according to the DMCA.

(A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and

Source: https://en.wikipedia.org/wiki/Anti-circumvention

They got the law on their side.

 

[Kadji]

From this forum:

"Since the latest SXOS contain illegal numbers in plaintext, it will no longer be allowed to link to TX or SX.
Also SX Installer aren't allowed to link either since containing keys, if even lightly encrypted.

It's however fine to talk about but not link to them."

I guess this is still the case? If so, then...

Compare it to the case Nintendo vs. Tengen from back in the days of the NES.
Atari circumvemted the NES copy protection (NES10 Lockout Chip) by using the patents from Nintendo, to build a clone of the Lockout Chip. A court later ruled in favor of Nintendo.

Tengen would have been fine if they had not used any properitary Nintendo Code.

Now, the big question is: Are encryption keys / decryption keys the property of Nintendo?
Think back to when BluRays came to the market and someone posting the magic hexadecimal numbers everywhere (they were even on T-Shirts), yet Programs to RIP a BluRay did not include the magix hexadecimal numbers, because then they would be breaking law.

SX-OS seems to have encryption keys from Nintendo backed into the software.
Nintendo does have the right to fill a lawsuit in my opinion.

Oh, and the money they want? Peanuts compared to the money they make by selling soft/hardware, yet it is a big amount for a smal reseller. They want to scare them so they don't sell the product.

 

[linuxares]

From this forum:

"Since the latest SXOS contain illegal numbers in plaintext, it will no longer be allowed to link to TX or SX.
Also SX Installer aren't allowed to link either since containing keys, if even lightly encrypted.

It's however fine to talk about but not link to them."

I guess this is still the case? If so, then...

Compare it to the case Nintendo vs. Tengen from back in the days of the NES.
Atari circumvemted the NES copy protection (NES10 Lockout Chip) by using the patents from Nintendo, to build a clone of the Lockout Chip. A court later ruled in favor of Nintendo.

Tengen would have been fine if they had not used any properitary Nintendo Code.

Now, the big question is: Are encryption keys / decryption keys the property of Nintendo?
Think back to when BluRays came to the market and someone posting the magic hexadecimal numbers everywhere (they were even on T-Shirts), yet Programs to RIP a BluRay did not include the magix hexadecimal numbers, because then they would be breaking law.

SX-OS seems to have encryption keys from Nintendo backed into the software.
Nintendo does have the right to fill a lawsuit in my opinion.

Oh, and the money they want? Peanuts compared to the money they make by selling soft/hardware, yet it is a big amount for a smal reseller. They want to scare them so they don't sell the product.

They do have those keys baked in. Why you don't need to use a tool for example Lockpick RCM. However, they got propitary code for the firmware of the cart slot. Thats why they can emulate a inserted card in the Switch. Why people also haven't done a opensource software yet. Even if it's possible to make one without Nintendo code, it will be a lot harder plus people don't wanna bring in Nintendo's wrath.

 

[zxr750j]

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

"Thank you for your Order at Lik-Sang.com! Did you know that you can see the status of your order, track your package, print an invoice or update your personal information on our web site?"

And no: No flashcards, I just bought some Pokemon figures...

 

[eriol33]

I think one of the terms and conditions of using a copyrighted device is, you must not tamper. I think it's okay for Nintendo to pursue this as they want to keep the faith of third party developers, although I am yet to know what's the impact of piracy to video game software sales. PS Vita was safe from piracy and it still failed anyway, and I assume only very few people actually tamper their video game consoles as majority just want to play video games with online features.

I am yet to buy a switch, but when I have one, I probably will not jailbreak it or anything since being offline all the time seems a tough trade off for me these days.

 

[linuxares]

I think one of the terms and conditions of using a copyrighted device is, you must not tamper. I think it's okay for Nintendo to pursue this as they want to keep the faith of third party developers, although I am yet to know what's the impact of piracy to video game software sales. PS Vita was safe from piracy and it still failed anyway, and I assume only very few people actually tamper their video game consoles as majority just want to play video games with online features.

I am yet to buy a switch, but when I have one, I probably will not jailbreak it or anything since being offline all the time seems a tough trade off for me these days.

I always think there is a minority that pirates. Most of them would never bought a game anyway most of the time.

 

[Pokemon_Tea_Sea_Jee]

People can do whatever they want with their own property.

I mean, other than using their property to attack other persons or something like that.

 

[XDel]

Piracy does hurts the industry, especially those smaller game studios. Imagine you start up, and release your game on a platform which got compromised and can't make sale. Piracy is the reason, it comes into the era that you have to pay for hundreds of stupid DLCs, addons, and game studios decided to split toward certain platform leading gamers having to purchase other consoles & theirs services, instead of focusing on building library for their preferred console.

Distributors ain't employees. If these people are indeed TX employees, prove that, and they're clear. They're employees to do their job, and the company as an entity is the one to deal with the lawsuit, with employees act as witnesses. Calling TX a business is sarcastic in case you still don't get it.

No distributors, then it's checkmate for TX hide and seek business model. TX either distribute these device themselves or they make little sale. Nintendo goes after the distributors for a reason: Nobody would be able to help you against a giant. Is it worth the risk, having your life fucked up for some cowards to taking the big chunk of profits?

Piracy does hurts the industry, especially those smaller game studios. Imagine you start up, and release your game on a platform which got compromised and can't make sale. Piracy is the reason, it comes into the era that you have to pay for hundreds of stupid DLCs, addons, and game studios decided to split toward certain platform leading gamers having to purchase other consoles & theirs services, instead of focusing on building library for their preferred console.

Distributors ain't employees. If these people are indeed TX employees, prove that, and they're clear. They're employees to do their job, and the company as an entity is the one to deal with the lawsuit, with employees act as witnesses. Calling TX a business is sarcastic in case you still don't get it.

No distributors, then it's checkmate for TX hide and seek business model. TX either distribute these device themselves or they make little sale. Nintendo goes after the distributors for a reason: Nobody would be able to help you against a giant. Is it worth the risk, having your life fucked up for some cowards to taking the big chunk of profits?

Let me ask you this,"why do you care, really?"

 

[ChokingVictim87]

Sucks this is happening but not surprised. I was more shocked Nintendo managed to get UK internet providers to block access to the Team Xecuter site and forum (seemed pretty Orwellian but then again the powers that be here are chomping at the bit to ban anything and everything).

Wonder if this will affect the upcoming mod for the newer units and lite?

As for piracy, I would argue it doesn't harm the industry, rather it helps it. Ive lost tracked of how many games I wouldn't have gone out and bought had it not been for R4 cards, 3DS CFW or SXOS. Personally, it allowed me to try before I bought and discover games I may never have given a 2nd look at. Then there is the main reason I hack my console-save backups and editing.

 

[tivu100]

Let me ask you this,"why do you care, really?"

Did you even read?

Spend more money on console, since pirate ridden console would be phased out, by game makers, and console maker.

Spend more service, and add-ons as battling piracy, and cheaters, they put extra layers of protection to cover the loss made by those kind of people.

The consumer is the one who lose.

So back at you, if you don't care, then why you're here? Just for piracy?

 

[JoeBloggs777]

I always think there is a minority that pirates. Most of them would never bought a game anyway most of the time.

I can't find the article at the mo, but this will do for now
https://www.dailymail.co.uk/news/ar...-downloaded-The-Vatican-says-games-maker.html

also I've read somewhere, it could be regarding this game , that many people only played it a couple of times

 

[XDel]

Did you even read?

Spend more money on console, since pirate ridden console would be phased out, by game makers, and console maker.

Spend more service, and add-ons as battling piracy, and cheaters, they put extra layers of protection to cover the loss made by those kind of people.

The consumer is the one who lose.

So back at you, if you don't care, then why you're here? Just for piracy?

Well, it's just that I study a lot of history, and while there are many things I do not understand, I do understand that there were and in some remote places, still are, people who get along in life just fine without this market place that were are all told we are dependent upon for our well being. Surely they are not the most sacred thing in life that we must be defending, and surely we have the capacity to create other means to survive and find peace and happiness through. And as I see it, trade marks and intellectual property laws often times seem like another means of oppression as well as a means to consolidate power. After all, the majority of popular culture today comes not from our parents, our elders, or from the silent place within, but from those who control the satellites. I dunno... so much to factor in, but I don't feel sorry for Nintendo, but I am grateful for those people who happen to work for them as some of them have truly made an art form out of what they do. As for me though, I don't know if I could make profit off of my art, it would add unwanted pressures, and often times if you are trying to say something or evoke certain feelings or thoughts within people through your medium, that you find your self censored because of the market place and its interests once more.

 

[rmorris003]

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

Yep, I got my JAP PSP from them way before North America had it. I miss them for all the cool gadgets they sold. I also bought a original xbox looking a/v switcher from them for my crt back in the day.

 

[linuxares]

I can't find the article at the mo, but this will do for now
https://www.dailymail.co.uk/news/ar...-downloaded-The-Vatican-says-games-maker.html

also I've read somewhere, it could be regarding this game , that many people only played it a couple of times

So does that make it a religious exemption if you're a catholic?

 

[tivu100]

Sucks this is happening but not surprised. I was more shocked Nintendo managed to get UK internet providers to block access to the Team Xecuter site and forum (seemed pretty Orwellian but then again the powers that be here are chomping at the bit to ban anything and everything).

Wonder if this will affect the upcoming mod for the newer units and lite?

As for piracy, I would argue it doesn't harm the industry, rather it helps it. Ive lost tracked of how many games I wouldn't have gone out and bought had it not been for R4 cards, 3DS CFW or SXOS. Personally, it allowed me to try before I bought and discover games I may never have given a 2nd look at. Then there is the main reason I hack my console-save backups and editing.

It works both way. Try the games. Don't like it. Not buying.

Demo is there for a reason. With limited gameplay to incite curiosity even if initial impression fails. Give everyone access to full game, then more often than not, a wrong move by game developer, the game would bomb.

If some hidden gem games failed their sale, the game studio can learn and improve. A game totally bombs for the mass would be a mountain for the game studio to climb in their next project, especially the new kid in block game studios.

Well, it's just that I study a lot of history, and while there are many things I do not understand, I do understand that there were and in some remote places, still are, people who get along in life just fine without this market place that were are all told we are dependent upon for our well being. Surely they are not the most sacred thing in life that we must be defending, and surely we have the capacity to create other means to survive and find peace and happiness through. And as I see it, trade marks and intellectual property laws often times seem like another means of oppression as well as a means to consolidate power. After all, the majority of popular culture today comes not from our parents, our elders, or from the silent place within, but from those who control the satellites. I dunno... so much to factor in, but I don't feel sorry for Nintendo, but I am grateful for those people who happen to work for them as some of them have truly made an art form out of what they do. As for me though, I don't know if I could make profit off of my art, it would add unwanted pressures, and often times if you are trying to say something or evoke certain feelings or thoughts within people through your medium, that you find your self censored because of the market place and its interests once more.

Unless everything and everyone are totally the same, it's all but a pipe dream. Hot weather would require cooling, while cold weather would require heating. One live all their lives in one area can't be the same as another in different area. If they are to leave to experience different then this are would lose a person, and somehow to replace that person, or eventually it's a dead area. Naturally things "trade". To get one thing you have to give something in return = market.

It's impossible for everyone to be the same and to allow everyone to access everything to their heart's desire. Individual, small community can afford some sort some equality ideal; yet history has proven over and over again this would fail on large scale.

 

[shanefromoz]

It will depend country by country how the law is applied
Nintendo will never stop mod chips

 

[tivu100]

It will depend country by country how the law is applied
Nintendo will never stop mod chips

They're protecting their income from their biggest consuming market.

 

[Xzi]

The results of this will be really interesting. IIRC a US judge recently struck down the idea that a warranty can be voided because of attempted repair/disassembly by the end user, so it is legal to repair or modify devices for personal use. I also think it'll be somewhat difficult for Nintendo to prove that the sole purpose of TX devices is piracy. OTOH, where they might have TX backed into a corner is the OS. If SX OS has any small bit of Horizon's code left in it, the judge may very well rule in Nintendo's favor based on that alone.

 

[tivu100]

The results of this will be really interesting. IIRC a US judge recently struck down the idea that a warranty can be voided because of attempted repair/disassembly by the end user, so it is legal to repair or modify devices for personal use. I also think it'll be somewhat difficult for Nintendo to prove that the sole purpose of TX devices is piracy. OTOH, where they might have TX backed into a corner is the OS. If SX OS has any small bit of Horizon's code left in it, the judge may very well rule in Nintendo's favor based on that alone.

The thing is TX is not here to defend their 'product', to counter argue against Nintendo (of America). Even that, it's a uphill battle. If this is a genuine product, TX wouldn't need these distributors in the first place! These distributors are royally screwed, unless they have something on TX, they can turn in the big boss for their own safety.

The big corporation has money to go all the way in legal battle. They're not alone in this since if Supreme Court rule in consumers' favor, they big corporations are gonna lose their cake.