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

 

[smf]

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

Murder doesn't violate copyright either. It actually does violate copyright as the XCI loader includes copyright code from HorizonOS, but it would be illegal anyway.

I'm kind of looking at it like this. First off, Piracy does not hurt the industry, so going after and ruining the lives of small guys with small businesses like TX is evil, plain and simple.

If you are going to believe that piracy doesn't hurt the industry then why not also believe that the resellers won't get hurt by nintendo suing them.

Why do you want to believe one of those things and not the other.

it's not an illegal product though

It depends on the country of course, but in the US, EU & Australia it is illegal.

Actually, the new SX Core/SX Lite and the old SX Pro Dongle per se, don't do anything.
As you say, it requires the user to purposely download a file, put it on a microSD card, boot the system and even then the user has to do additional steps in order to access pirate games.

Also, the SX Core/SX Lite doesn't have the XCI Loader everyone is talking about, that loader is on the software part on the file that the user has to put on the microSD, otherwise it won't do jack.

When you buy a TX mod chip then it comes with the license, no court is dumb enough to accept the argument that by selling something in two parts, that the user then assembles, will get round the law.

For legal purposes, it's sold as one product so it is one product.

 

[magico29]

F*** updatendo.

 

[linuxares]

Now I don't have a screenshot of the website. But how did they advertise the product? If they really posted the PR from TX. It's is very clear that it's a piracy device and not a simple tool.

 

[Chimech0]

Both the old variant and the new modchip come with their bootloader and SX OS.

No, they don't.

 

[realtimesave]

Nice revisionist history there, Dennis. You wrote MaxConsole's review for StargateNX and then decided you wanted, in your own words, "compensation" for writing the review. After they refused your ransom, and both Gary and I told you paying for reviews was unethical (and you had received the subscription to the service for free) you freaked out and deleted the review. I recovered the article from Google's cache at Gary's request, not even knowing what had transpired. As a result, you decided to punish me by filing a PayPal dispute with your bank and robbing me of the money that you paid for my son's banned Switch. I also threw in a couple of SX Pro's, since you were helping me out by buying the banned console so I could get him a new one. A transaction that had nothing to do with MaxConsole, Gary, or the situation. Luckily, I didn't have any money in that PayPal account and it still sits in the negative because of your sperg out. You also didn't seem to have any problems with "piracy" when you were receiving free product and reviewing numerous items for Gary over at MaxConsole under your numerous pseudonyms. And, given the places you are currently hanging out, you still don't. How's Arb, btw.

feel free to dox me on public forum, I don’t really care. Gary decided to hide from me after all that happened and not contact me any more. What are you guys so afraid of? Shouldn’t be me anyway.

 

[andyhappypants]

who here is old enough to know who bung is

I got all of my bung stuff from Liksang back in the day. Awesome days of internet shopping! Had all the kits back then sadly of no use these days with the lack of parallel ports.
Good times indeed...

 

[realtimesave]

F*** updatendo.

Oh yea dude f** people for trying to profit in a capitalist society. Lol. Come on.

 

[magico29]

Oh yea dude f** people for trying to profit in a capitalist society. Lol. Come on.

who cares about that? you? what are you doing in here then.

 

[xiaNaix]

feel free to dox me on public forum, I don’t really care. Gary decided to hide from me after all that happened and not contact me any more. What are you guys so afraid of? Shouldn’t be me anyway.

That's between the two of you, which why I still don't understand why you insist on dragging me into it.

 

[Tumbleweed]

It's totally understandable that Nintendo would take some kind of harsh action, when they patched the newer units they kind of "solved" the problem so I hardly imagine this would be happening if it wasn't for the upcoming mod chip which will make every console on planet hackable.

If you think like a Nintendo company man, who have a product that sold ~55 million units and let's say it will be around for more 2 years before being updated, it would be a sizeable profit loss with upcoming products + the embarrassment of allowing this to happen and have millions of hackable consoles around.

 

[XDel]

Murder doesn't violate copyright either. It actually does violate copyright as the XCI loader includes copyright code from HorizonOS, but it would be illegal anyway.



If you are going to believe that piracy doesn't hurt the industry then why not also believe that the resellers won't get hurt by nintendo suing them.

Why do you want to believe one of those things and not the other.



It depends on the country of course, but in the US, EU & Australia it is illegal.



When you buy a TX mod chip then it comes with the license, no court is dumb enough to accept the argument that by selling something in two parts, that the user then assembles, will get round the law.

For legal purposes, it's sold as one product so it is one product.

Well aside of Sega's old Dreamcast era report that stated this, and an old government article from 2008 that also reflected this, yes piracy does not kill the industry. Matter of fact many rappers like KRS-ONE who are not doing what they are doing for clout and bling, will tell you the same thing. He says that he makes little to no money off CD's but rather off his shows, and besides he says that its about getting the knowledge and wisdom out there, so bootleg all you want.

That aside, look a how the Gay,Trans,Repressed Female agenda has absorbed Disney and everything else at this point....
...they are making musick, movies, video games, etc. that are trying to cram their agenda and historical revisionism into everything and its pissing off a lot of people for the fact that they are ruining and not respecting the franchises that they have hijacked as a platform. They are loosing millions of billions of dollars, and have acquired the sort of organization and power that the ex-slave of America of the nearly extinct native American have strived towards for over a hundred years, and still, despite the fact that they are burning money, they refuse to stop doing what they are doing, and they are certainly loosing more money than the piracy of their products will ever cost them.

 

[Ev1l0rd]

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.

From what I understand from those data mining SX OS, apparently there's large chunks of fs (the system module that handles filesystem stuff) in it, as well as gamecard headers (which aren't a part of Horizon but are copyrighted material either way). Both are used in their XCI loading shite.

Those have been in there since 1.0, so if the OS is bundled on the device (anecdotal evidence from here seems to suggest yes?), these people are screwed.

 

[Mrperson0]

No, they don't.

Might not be in the actual modchip, but it is part of the purchase you make (at least with the regular SX Loader, assuming this will be the case with the modchip), seeing that they send you a key/download for SX OS Pro.

 

[Kioku]

who cares about that? you? what are you doing in here then.

Not everyone on the temp is a self absorbed man child who just happens to pirate.

 

[Ryab]

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

I'm pretty sure selling modded game consoles/modding tools is only illegal in Japan.

 

[RedBlueGreen]

Wait, Atmo isn't also CFW which also allows you to play pirated games?! I didn't know that! Thank you for clarify that only SX allows pirated games to run. I guess from Nintendo's point of view it's all about the charging people for the hack part, right? If SX was free I guess they wouldn't care.

And before you say, but "SX stole from Atmo and then charged people?. That literally has nothing at all to do with this legal action. Nintendo could give 2 shits about what pirates steal from other pirates.

The CFW in question is SX OS, what Atmosphere lets you do is irrelevant to this lawsuit. And yes, there are CFWs that don't allow piracy, but if you can install unsigned packages, odds are it's circumventing copy protection, thus violating the DMCA.

Again, I have no issue with these products and don't think they should be illegal any more than cable splitters and blank writable discs, I think it's on the end user whether they use it to pirate. But the fact of the matter is it's illegal because it violates the DMCA and falls under their prohibited (read: illegal) product classification. This isn't a matter of opinion (I'm pro CFW, I think it's the users using it to pirate who are at fault), it's objective fact that it is illegal, and that's what they're suing over.

There were cases in Europe of Nintendo suing individual users in the Wii modding days, and they lost because Nintendo couldn't prove that they were pirating anything (my guess is said countries didn't have laws against circumventing copy protection unless it's to pirate).

Nintendo isn't going after Atmosphere (yet). I doubt they will, because unless it circumvents copy protection, they won't really have a case (I mean, it's up to the jury or judge, but Atmosphere if it doesn't come with sigpatches or game cart emulation would be legal as long as there's no copyrighted material being included).

I'm pretty sure selling modded game consoles/modding tools is only illegal in Japan.

If it circumvents copy protection it's illegal in the US as well.

 

[Switch_Maniac]

The CFW in question is SX OS, what Atmosphere lets you do is irrelevant to this lawsuit. And yes, there are CFWs that don't allow piracy, but if you can install unsigned packages, odds are it's circumventing copy protection, thus violating the DMCA.

Again, I have no issue with these products and don't think they should be illegal any more than cable splitters and blank writable discs, I think it's on the end user whether they use it to pirate. But the fact of the matter is it's illegal because it violates the DMCA and falls under their prohibited (read: illegal) product classification. This isn't a matter of opinion (I'm pro CFW, I think it's the users using it to pirate who are at fault), it's objective fact that it is illegal, and that's what they're suing over.

There were cases in Europe of Nintendo suing individual users in the Wii modding days, and they lost because Nintendo couldn't prove that they were pirating anything (my guess is said countries didn't have laws against circumventing copy protection unless it's to pirate).

Nintendo isn't going after Atmosphere (yet). I doubt they will, because unless it circumvents copy protection, they won't really have a case (I mean, it's up to the jury or judge, but Atmosphere if it doesn't come with sigpatches or game cart emulation would be legal as long as there's no copyrighted material being included).


If it circumvents copy protection it's illegal in the US as well.

Shop wasn't selling SX OS. It was selling a mod chip that will also be able to run atmosphere from the claims of TX and with patches and can do the same thing as SXO after a user gets the files. If you choose to go to the internet and download the boot.dat file that's on you, just like if you choose to get the patches..... the lawsuits came about because of the sale of the chip if you actually read through the documents. None of the orders were for SXOS.

 

[Sintrial09]

TX did nothing wrong, These sellers did nothing wrong.

 

[realtimesave]

who cares about that? you? what are you doing in here then.

lmfao you are totally clueless.

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

That's between the two of you, which why I still don't understand why you insist on dragging me into it.

Ok I won’t

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

Not everyone on the temp is a self absorbed man child who just happens to pirate.

Who said I don’t pirate and *chuckle* man child... lol

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

TX did nothing wrong, These sellers did nothing wrong.

This is the biggest crock of shit I’ve seen in this entire

/thread

 

[Kioku]

lmfao you are totally clueless.

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


Ok I won’t

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


Who said I don’t pirate and *chuckle* man child... lol

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


This is the biggest crock of shit I’ve seen in this entire

/thread

I pirate, too. I just don't think it overrides morality under an obscure justification.