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

 

[MrCokeacola]

"Nintendo is EvUL because they won't let me pirate games!!!!111!!"
Fuck most of you

I can't in good faith buy Nintendo games.

 

[Jonna]

I'm so disappointed.

I came into this thread hoping to find some enlightenment on how TS is going to handle this, or if there's anything we can do.

Instead, it's just a bunch of people who possibly have no experience in law arguing about law.

 

[SG854]

Pirating is bad

 

[Bladexdsl]

this is why i love my shield tv pro. google don't give a fuck what you do on android! got all the emus ready to go on the play store just install (and with roms) away you go

 

[BaamAlex]

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

Who was liksang?

 

[Justinde75]

I mean I never used SX before and I dont really think I ever will. So I dont really think this will affect me personally. Might suck for SX users though

 

[HRudyPlayZ]

https://www.federalregister.gov/doc...ht-protection-systems-for-access-control#h-22

As far as I know, this was the most recent ruling done for jailbreaking video game consoles *specifically.* And as you might notice, the library of congress rejects homebrew as an argument to grant an exemption.

Note that there were later DMCA exemptions granted for video game preservation, but that's outside of the purview of our discussion.

Edit: In their 2015 review, the Library of Congress reaffirmed the 2012 ruling.

This case seems to be an isolated case, which is old by atleast 5 years old at this point.
The problem was that the defendant's side failed to come with arguments to counter Sony's words, although, Sony's words where countable. The argument was made that unlocking especially allows for piracy, and while this is true, a counter-argument would be that the piracy stays illegal (obviously) and that the legality of pirating games doesn't matter to a lot of pirates anyways...

We need a proper case made for that, with good arguments. Though it won't be this one... And might not be in the near future... As you can see Nintendo only goes after SX because if they attack Atmosphere which doesn't include keys or doesn't even allow the unlocking of piracy by default, they know they're gonna lose and make console hacking legal.

Edit: You can see that this special exception request was declined, but it wasn't declared illegal.

 

[Deleted User]

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

AFAIK the xci loader contains copyrighted material

 

[Goku1992A]

Yes but even though that people are going to be banned, that is still a loss in revenue as a lot of nintendo games are offline based anyways. Unfortunately for the people that really just want to customize their switch or do more legal things, they are in the very small minority. If you want to be mad at someone, people should be mad at TX for allowing backup loading, and everyone that asks for it.

Piracy isn't the problem Nintendo is making a big deal out of nothing i doubt if a million switches gotten hacked maybe 250k but not even a million and out of that 250k half of those are banned so suing resolves nothing.

I mean I never used SX before and I dont really think I ever will. So I dont really think this will affect me personally. Might suck for SX users though

This will effect you if SXOS goes down Atmosphere will go down too.

 

[8BitWonder]

This will effect you if SXOS goes down Atmosphere will go down too.

Considering Atmosphere doesn't brand itself as a piracy tool nor bundle the necessary patches to pull that off, very unlikely.

If Nintendo wanted to/had grounds to get rid of Atmosphere they'd have probably contacted github by now and had it removed.

 

[banjo2]

I can't in good faith buy Nintendo games.

Does that still apply? Since they ended the Creator's Program. I'm not into the YouTubesphere for that kind of stuff, so I dunno.

 

[HRudyPlayZ]

AFAIK the xci loader contains copyrighted material

Possibly, but it could also be obtained through reverse-engineering, which can be permitted. Although, as SX is obviously closed-source, there's no way to be completely sure...

This will effect you if SXOS goes down Atmosphere will go down too.

Except, no. SX is known to be promoting piracy through their marketing, which would be one of the big arguments for Nintendo. Atmosphere in itself doesn't have any keys or bootloader modifications to run pirated games by default, they know that if they go against Atmosphere, they will just lose the case and make console hacking completely legal instead of being in a gray area.

 

[Justinde75]

Piracy isn't the problem Nintendo is making a big deal out of nothing i doubt if a million switches gotten hacked maybe 250k but not even a million and out of that 250k half of those are banned so suing resolves nothing.



This will effect you if SXOS goes down Atmosphere will go down too.

But why should atmosphere go down? It normally doesnt support piracy.

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

As far as I know you are allowed to install custom OS on your devices. Things like installing a custom rom on a phone isnt illegal either

 

[Goku1992A]

@HRudyPlayZ & @8BitWonder

They will sue Atmosphere too because they didn't make the proper security features on their CFW to block piracy. With SXOS you need a license so if Nintendo stopped them then SXOS dies.. Atmosphere doesn't die because it is free and out in the wild. SXOS and Atmosphere all know each other so if you catch one of them they will flip on the other team.

If Nintendo actually catches SXOS the whole switch scene dies (such as future CFW support) Nintendo may end up like 5.05 PS4 scene that's why teams need to stay discreet and not get caught.

 

[J-Machine]

the solution is simple: stop having your warehouses in america

 

[Reecey]

Just like how the went after Luma or any of the half-dozen other 3DS CFWs, eh?

Eh...yeah! a huge difference let’s start with the fact that every cfw on the Nintendo Switch is based on Atmosphere code..

 

[ciaomao]

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

They used my money to pay the bill

 

[mrgone]

Who was liksang?

ah, a young one
let me tell you of ye olde times
Lik_Sang

 

[Stealphie]

View attachment 209580​

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.

View attachment 209581​

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

While i don't like Team Xecuter, they're not doing anything wrong, no preloaded games, or anything like that.

 

[mrgone]

Liksang was awesome, bought a lot of cool peripherals from there.

the picture of the resident evil chainsaw controller is forever burned in my mind

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

My Doctor MGD3 card has Prince of Persia for gameboy colour on it, annoyingly I must have just left it with one game rather than a multi choice menu, and now I can't reflash it...

ha, full multicart
i liked to fill small holes with demos from pouet.net