Nintendo used the TX court case to "send a message", Gary Bowser's health potentially at risk in prison

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Gary Bowser, of Team Xecuter infamy, is still serving his three-year prison sentence. The storied court battle may be over, but a new court transcript was released, and uploaded online, courtesy of Axios. In it, is further official comments from Nintendo's lawyers. According to the document, Nintendo's legal team wanted to use the TX case to send a message to other would-be hackers or those in the piracy business. During the proceedings, US district judge Robert Lasnik asked Nintendo's lawyers, "What do you think? What else can we do to convince people that there's no glory in this hacking/piracy?", with Nintendo's side responding, "There would be a large benefit to further education of the public."

Lasnik agreed with the sentiment, though he did not sentence Bowser to the full 5 years that Nintendo was seeking. "I always tell the jurors, 'Your role is not to send a message. Your role is to decide guilt or innocence on the facts'. But my role sometimes does entail sending a message." In response, Bowser said that giving him a longer sentence wouldn't be a deterrent to hackers, stating, “There’s so much money to be made from piracy that it’s insignificant.”

Additionally, the legal documents also reveal that Nintendo blamed hackers for the release of the new Nintendo Switch model, saying they had to design new hardware to circumvent the losses caused by TX. Nintendo's legal team also claimed that those using hacked systems could cheat, thus scaring off children who would lose to the cheaters and feel upset. “Parents should not be forced to explain to their children why people cheat and why sometimes games are not fair, just because one person wants an unfair advantage.”


Regarding the means of "sending a message", Bowser's lawyers sought a shorter 19-month sentence, to which Lasnik disagreed, and eventually sentenced Bowser to serve 40 months. The amount sentenced would have initially been 60 months, but was shortened due to the fact that Bowser suffered health issues as he awaited trial in jail, which caused him to be alone in solitary for 23 hours a day over the course of six months. As this also took place during the height of COVID, Bowser would only be allowed out of his cell to shower once every three days. He also had lost 90 pounds over those six months, and was confined to a wheelchair, as a result of his illness going untreated.

This was Bowser's statement regarding the above: "It has been a very traumatic experience for me getting arrested, coming here, going through this. This is my first time actually in a jail going through the court process and everything. And the amount of time I've spent already, 16 months in custody, a lot of that time - I spent six months, basically, locked up due to Covid. I went through all three of the Covid waves before there was even a vaccine available. I personally haven't got the vaccine [as] I am skeptical with my medical condition, how it will affect me, and I haven't been able to actually have proper medical treatment because I haven't been able to have a one-on-one with a doctor to see if the vaccine would be possible with my health conditions. When I first got arrested, I was 410 pounds. I had to use a wheelchair. I spent my life drinking, since I was age 15, after my mom died, and this is the longest time I have been sober in my life."

:arrow: Source
 

CompSciOrBust

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The Switch was hacked one year after it was launched, it was a bad thing - it prompted Nintendo to release a revision of the processor to circumvent the hack.

Usually Nintendo's hardware was hacked in the final years of the console lifespan, they were already working on the next gen console and won't bothered to release a revision.

I think they revealed the exploit too soon for the Switch.
The thing with Fusee-Gelee is it affected much more than the Switch, and because of that people felt morally responsible to disclose it. In hindsight I don't think it was that big of a deal. You need physical access to the system to exploit it and who is really storing valuable information on the Pixel C. Kate Temkin claimed that it was important to disclose it because Tesla uses Tegras but they're only used in the entertainment system, not the self driving system. Even if it could mess with Tesla self driving if you have physical access to exploit the system there are easier ways to sabotage the car.

well, tx has been known to provide dongles or whatever in multiple scenes, offering something of their own. where Gary went wrong is that his team tried to profit off of piracy. I don't really care about that, but what I don't like is that they hid information about how some of this is done if that makes sense. I don't believe knowledge should ever be hidden, and that's something I've gotten a lot of flak over from wannabe devs or hackers who are not anything of the sort. that's what made me paint all pirates with a single brush, that all they care about is free games without actually thinking about where or from whom they're getting these games. I'm just left on my own, attacked constantly, because I warned people about someone else's bullshit. no one believes me until that person's true colors are shown, so what can I really do?
What information did they hide? I don't know of anything that was asked of them that they didn't disclose. Iirc according to Hexkyz (I'm unable to find the comment now) they even contributed to the Switchbrew wiki, although Hexkyz thinks that was just an attempt at trolling open source devs.
 

godreborn

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The thing with Fusee-Gelee is it affected much more than the Switch, and because of that people felt morally responsible to disclose it. In hindsight I don't think it was that big of a deal. You need physical access to the system to exploit it and who is really storing valuable information on the Pixel C. Kate Temkin claimed that it was important to disclose it because Tesla uses Tegras but they're only used in the entertainment system, not the self driving system. Even if it could mess with Tesla self driving if you have physical access to exploit the system there are easier ways to sabotage the car.


What information did they hide? I don't know of anything that was asked of them that they didn't disclose. Iirc according to Hexkyz (I'm unable to find the comment now) they even contributed to the Switchbrew wiki, although Hexkyz thinks that was just an attempt at trolling open source devs.
Their stuff is closed source, duh.
 

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Their stuff is closed source, duh.
Just because something is closed sourced doesn't mean they're actively trying to hide information. If they had been asked they may very well have been willing to give that information out. If they had open sourced their software then people could have just stripped out the DRM, which would obviously not be good for them. That's not the same as trying to keep knowledge to an elite few though.
 

wolf-snake

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Pedophilia in general population is estimated at 1-5%. So any medium sized business is going to have pedophiles working there, how is that relevant to DMCA?

Pedophiles in the police, pedophiles working at the local grocery store, your doctor, uber driver etc....
I'm pretty sure alot of guys in here are also pedophiles... Turns out all of those "My child formatted my console" and "i wanna hack this console for my child" are way darker than anyone of us realized.
 

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Pedophilia in general population is estimated at 1-5%. So any medium sized business is going to have pedophiles working there, how is that relevant to DMCA?

Pedophiles in the police, pedophiles working at the local grocery store, your doctor, uber driver etc....
Hollywood is not "general population"
it has an astronomically higher instance
" Hollywood's big secret is and always has been pedophilia"- Corey Feldman
reporter: "so the casting couch applies to children"
Feldman: "HOH YEAH"
 

weatMod

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Says you. 250 people work on a movie, if it was 1% then that is two people.

That is enough to cause a problem, if there is no thought put into it.
point is, if you support the DMCA you support an industry whos' "big secret is pedophilia"
you support a law that was written by pedophiles who bribed (or blackmailed or extorted) their way in government to pass legislation to protect their profits ,which they probably use to buy more alcohol for Brian Singers pool parties to ply more kids .
also "BIG secret" sound like more of a rampant problem than a mere baseline 1 or 2%
 

Thescrewremover

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point is, if you support the DMCA you support an industry whos' "big secret is pedophilia"
you support a law that was written by pedophiles who bribed (or blackmailed or extorted) their way in government to pass legislation to protect their profits ,which they probably use to buy more alcohol for Brian Singers pool parties to ply more kids .
also "BIG secret" sound like more of a rampant problem than a mere baseline 1 or 2%
This is just a conspiracy theory, not a fact.
 
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smf

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point is, if you support the DMCA you support an industry whos' "big secret is pedophilia"
His comment is based on his experience, but that doesn't mean the entire industry is complicit.

Why do people send their children to school? Pedophiles work in schools.
Why do people send their children to hospital? Pedophiles work in hospitals.

There are pedophiles everywhere, as long as you take safe guarding seriously then it should keep anything bad happening.

If parents leave children where they can be alone with an adult then it would seem to be the parents that are complicit too.
 
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