Nintendo wins another lawsuit, awarded $2 million in damages against SXOS reseller

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Another day means another lawsuit, when it comes to Nintendo. A court dispute, originally filed in May, saw the company go after Uberchips, a reseller of Team Xecuter's, as Nintendo puts it, "piracy tools". Nintendo filed seeking damages against Uberchip's owner, Tom Dilts Jr., who proceeded to take his website down following the initial court dispute, though he maintained his own innocence. Prior to May, Dilts had been selling the SX OS dongle through Uberchips.com, which Nintendo states facilitated piracy, and now, both he and Nintendo have come to a conclusion in a new joint filing. A permanent injunction has been ruled, and a settlement of $2 million in damages must be paid to Nintendo. A stipulation of the ruling also permanently bans Dilts from ever reselling any Team Xecuter products, and if any leftover chips remained, they must be seized and destroyed.

This matter came before the Court on the parties’ Consent to Entry of Judgment and Permanent Injunction, Dkt. No. 14, and Joint Motion for Entry of Final Judgment and Permanent Injunction, Dkt. No. 15. The Court enters judgment as follows: 1. Plaintiff is hereby awarded judgment against all Defendants, jointly and severally, in the amount of US$2,000,000.00. 2. Each party shall bear its own costs and attorneys’ fees.

:arrow: Source: court documents, courtesy of Torrent Freak
 

Silent_Gunner

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What does SXOS offer at this point, really, aside from being a better option for the Switch Lite when it comes to homebrew, from what little snippets here and there about their progress on the Mariko chip I happened to have read about? If I really needed the d-pad the Switch Lite has on offer, I'd use the HORI Split Pad Pros (which are rad as hell) on my one my hacked Switch!

I would consider Atmosphere easier to use for the most part nowadays, even if having to jig the console is an inconvenience I'd love to eventually have to not be a thing.
 

gregory-samba

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The profit margin for running mod chip stores probably won't cover the entire $2 million. It's probably more of a symbolic move to scare off anyone else who wants to start one. Running a modchip store in the USA is pretty dumb. Ever after the massive busts back in the Wii scene running a shop in the USA is just too risky.

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What does SXOS offer at this point, really, aside from being a better option for the Switch Lite when it comes to homebrew? If I really needed the d-pad the Switch Lite has on offer, I'd use the HORI Split Pad Pros (which are rad as hell) on my one my hacked Switch!

I would consider Atmosphere easier to use for the most part nowadays, even if having to jig the console is an inconvenience I'd love to eventually have to not be a thing.

The majority of Switch consoles on the market can't be hacked without one of Xecuter's modchips. Their software is also dead simple to setup and use.
 

Silent_Gunner

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The majority of Switch consoles on the market can't be hacked without one of Xecuter's modchips. Their software is also dead simple to setup and use.

But as someone who owns one of the OG consoles with the OG Nvidia chip (that I'd also recommend one of those portable batteries for), and as someone who'd rather pay for the eBay made energy drink-vending-machine-priced jigs to just use Atmosphere and get all of the usual support for homebrew and the like you see here on GBATemp, SXOS really isn't all that appealing to me, and if someone was doing research (because that's what I'd recommend they'd do based on my experience with hacking especially modern systems like these), you would think they'd look at Atmosphere and go, "Hmm, that actually sounds like the better option."

Just my opinion.

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Inb4 a bunch of kids cry Nintendo shouldn't protect their property.

These morons pretty much fucked up every way possible. They definitely deserved what happened.

Perhaps, but Nintendo is ultimately playing a game of whack-a-mole when you look at the bigger picture.
 

Ericzander

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No matter how people might try to justify Uberchips selling this tool (I'm predicting this will happen, but it might not), there's no denying that SXOS is a tool that enables piracy.

Just because you can do other things with it does not mean that it's not a piracy tool. Nintendo was in the right here. Are they going to recover $2 million? Probably not. Since Uberchips is an LLC, Nintendo won't be able to go after Tom Dilts personally, but this might be goodnight to his company.
 

matpower

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But as someone who owns one of the OG consoles with the OG Nvidia chip (that I'd also recommend one of those portable batteries for), and as someone who'd rather pay for the eBay made energy drink-vending-machine-priced jigs to just use Atmosphere and get all of the usual support for homebrew and the like you see here on GBATemp, SXOS really isn't all that appealing to me, and if someone was doing research (because that's what I'd recommend they'd do based on my experience with hacking especially modern systems like these), you would think they'd look at Atmosphere and go, "Hmm, that actually sounds like the better option."

Just my opinion.

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Perhaps, but Nintendo is ultimately playing a game of whack-a-mole when you look at the bigger picture.
Obviously, for exploitable consoles, Atmosphere beats the shit out of it. But for Joe Schmoe that wants some piracy on his Mariko/Lite or was unlucky enough to get a patched OG unit, that crappy chip is the only option he has. And since the scene isn't interested/can't pull a exploit for those, the status quo shall remain like that for a good while, and as unpatched units slowly gets harder to find, Xecuter will keep racking in the money.
 
Last edited by matpower,

StrayGuitarist

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I don't plan on modding my Switch until its online stuff is discontinued and I don't have to even think about bans anymore.. But I'm still kinda torn on where I stand here. On one hand, the device does enable piracy, yet on the other, it should be the consumer's decision on whether or not they want to modify their console. And on one hand, it goes against Nintendo's terms and conditions you agree to upon using their hardware, but on the other, those terms and conditions are kind of anti-consumer for enforcing a thing like this.

It's just another situation where there is no definitive right and wrong, only a spectrum of subjectivity and opinions. And it's really hard to quantify where I am on that spectrum.
 
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