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."

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lahma

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It was obvious to anyone following the case that they were going to throw the book at him to send a message to the rest of the scene. Here's what someone from TX said in their private chat on the 10th of February:


Also the whole thing about them releasing new hardware to thwart TX is bullshit. Anyone who dived in to the Gigaleaks (not me of course, I would never do something illegal like that) would know that the Mariko Bootrom Software Specification Document was finalized in 2016, a year before the first gen Switch released and long before TX set sight on the Switch. They were releasing new hardware anyway it's just convenient to say it's because of TX.

Everyone is saying that he deserves to be in jail but is completely ignoring that Bowser was living in the Dominican Republic where what he was doing was totally legal and is a Canadian citizen, so if any country was going to lock him up surely it should be Canada and not the USA trading favors with the DR to lock up a foreign citizen for the benefit of a Japanese country. How about we extradite all the American teens smoking weed to China for breaking Chinese laws. That's none of China's business but apparently if you break one country's laws you can just get shipped off there anyway because fuck your rights.

Anyway at least Bowser is going to pay damages. My friends working in the Game Dev industry are looking forward to their Cheques. Wait what do you mean it's only Nintendo who are getting money? 3rd party devs lost money too? Oh so you mean this has nothing to do with him harming an entire industry and everything to do with one company being pissed off? Okie dokie then.
Very well stated and articulated. I would say that all of the people REVELING in this man's punishment and misery should read your post but it seems pretty clear that they are incapable of seeing things outside of their narrow view of the world. It seems likely to me that they would still be cheering on the Department of Justice even if the man got a life sentence. Some people seemingly cannot muster even the tiniest bit of sympathy or mercy for anyone, regardless of what law was broken and its consequences (or lack of consequences).. that is until they or someone they know and love has been forever changed by being subjected to the justice system, right or wrong... As many can attest to, for even the most minor of offenses, the justice system can bash you over the head, drag you through the mud, humiliate you, take all of your worldly possessions, forever ruin your prospects of a decent career, and leave you forever emotionally scarred. Some people are certainly deserving of such treatment and maybe more... but to act like anyone who breaks ANY law is deserving of such treatment is pretty callous and cold if you ask me.
 

CeeDee

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The man was the PR for the real guys who actually created the piracy tool. (the ones who got away, and haven't been arrested, I might add) Bowser took the fall for them, because your average joe won't know the difference between hacker Gary Bowser and marketing-man-for-hackers Gary Bowser.
You could argue arresting Gary Bowser in particular is itself a PR move - that way we can get the quirky headlines about "isn't it funny that someone named Bowser got arrested by Nintendo??? Wow, so weird!!" Especially considering they did the same exact thing with Doug Bowser and it worked wonders for the act of replacing a charismatic personality with a regular ass CEO.
 
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hatredg0d

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oh no, who is going to steal atmospheres code and sell it now?

LOL at the people acting like he did nothing wrong. Guess what, the Dominican republic is part of the INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE. He got rich off stealing work done by other people and selling it while promoting piracy. Now he does the time.

Nintendo is not really his real victim, the game developers are.
 

The Catboy

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If you don't want your health to be at risk in prison, don't willfully violate the law repeatedly. He's right where he should be, and is getting free healthcare.
He’s literally dying a slow, painful, and lonely death because a multibillion dollar international company thinks that will stop piracy. This is literally cruelty for the sake of cruelty.
 

KennyAtom

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making a comment on prison time : play stupid games, win stupid prizes.

on him dying : that's cruel and unusual punishment.
 

Guacaholey

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The funny thing is a lot of people just use CFW to either patch games they own or backup digital purchases. If companies like Nintendo and Sony sold hardware that let you write digital only titles to a physical game card (officially made or licensed, one time write) there would be a good amount less hacking. Make the writer require an internet connection and require singing into the Nintendo account that owns the software (or have a Switch companion app that copies the necessary drm information). Check for duplicate headers like the 3DS did (which the Switch probably does anyway) to prevent piracy if someone does manage to write multiple copies. Easier said than done, but they could easily make money letting people transfer their own digital content onto physical media.
If you don't want your health to be at risk in prison, don't willfully violate the law repeatedly. He's right where he should be, and is getting free healthcare.
No. He committed copyright infringement. That should be a fine (or paying damages) at most. It's about as serious as libel at worst (regardless of what the FBI wants you to think because they're in charge of copyright law enforcement for some reason). Saying he should be in prison because of that is like saying somebody should go to prison because they said something bad about you.
 
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Ferris1000

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I can't belive how toxic you guys are. Nintendo is a bullshit company, they are breaking the law by selling flawed hardware like those shitty joycons where the analog sticks are drifting after a few weeks or the switch itself where the stupid Charging IC keeps failing and they refuse to repair it in warrenty.
Nintendo should be sued for that but they just get away with that.

Piracy hurting the company is bullshit, a secure console doesn't mean more sold software, hacked consoles increases the hardware that's been sold because pirates getting interested in buying the console.
I myself am using a hacked switch console to test pirated games before I buy them because there is so much junk out there and you can't return a game that has been opened.
Please don't start telling me I could watch gameplay videos, I can tell you a few games like "Human Fall Flat", Super Reliable delivery service" where the controls just suck.
Yesterday I played the Pac-Man Museum on Gamepass and the latency is so bad that I wouldn't even thinking about buying it anymore.

Gary is not a criminal and doesn't belong in jail.
 

SonyUSA

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uhmm i dont know why people is so mad guy this guy, even of if was a pay CFW they help to devolve emunand to not get banned and it helped a lot of us to avoid it ( i am not banned even from de 2018)

It just makes the entire Hacking and Homebrew scene look bad to have one of the most prominent groups selling piracy.

As they say "One bad apple spoils the bunch" so for TX to be making having directly about piracy it makes public perception of homebrew in general look like nothing but piracy.

It also sets a precedent for more things like this to happen. If Nintendo and other copyright holders can establish an indisputable connection between homebrew enabling devices/software and piracy it's easier for them to shut everything down and keep us locked into only using what they give us, which means they can charge more for inferior products.

oh no, who is going to steal atmospheres code and sell it now?

LOL at the people acting like he did nothing wrong. Guess what, the Dominican republic is part of the INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE. He got rich off stealing work done by other people and selling it while promoting piracy. Now he does the time.

Nintendo is not really his real victim, the game developers are.

Just here for my quarterly reminder that SXOS is free and also came before Atmosphere. The code they 'stole' from Atmosphere did not cost money to use, so why get your panties twisted? Lots of people fork CFW (esp ps3) and nobody ever cries about that. You only had to pay for the iso loader.
 

hatredg0d

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Just here for my quarterly reminder that SXOS is free and also came before Atmosphere. The code they 'stole' from Atmosphere did not cost money to use, so why get your panties twisted? Lots of people fork CFW (esp ps3) and nobody ever cries about that. You only had to pay for the iso loader.
LOL my panties are not twisted but yours clearly are. If you steal from the homebrew community and literally sell it as your own, of course people are not going to like you. Just a reminder sxos would not exist without atmosphere, frankly everything about the guy is immoral. He promoted tools illegally, he broke laws, he stole, he hosted copyrighted code on his own site, he was not a smart man.
 

LightBeam

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Nintendo whining about having to change their hardware because it had a huge flaw and people took advantage of that :rofl2: It's absolutely not because they released it in the first place :rofl2:
Just here for my quarterly reminder that SXOS is free and also came before Atmosphere. The code they 'stole' from Atmosphere did not cost money to use, so why get your panties twisted? Lots of people fork CFW (esp ps3) and nobody ever cries about that. You only had to pay for the iso loader.
If it was free then why did it asked for a licence ? I also don't think you know anything about open source licences, just because something is open source doesn't mean you can freely take it, modify and sell, MIT licence allows you to do that but GPL doesn't, if it's open source your fork also has to be otherwise you're a theft.
 

64bitmodels

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guy sells a software to pirate games for an incredibly successful system that has made its manufacturer the richest company in japan, they arrest him and put him in solitary confinement with insane health issues, no outside contact, and basically being forced to stay there for what remains of his rapidly shrinking lifespan cuz they were "stealing sales" from the already insanely rich developers
PLEASE, for the love of god can we rename this site to PSPtemp?
 
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