When it comes to modding your consoles, it all becomes a bit of a legal gray area, especially depending on which country you're in. However, when you not only modify your video game system, but also create a storefront, with the express purpose of selling devices that can boot custom firmware bundled with micro SD cards full of pirated ROMs of games, then you definitely push yourself into the side of illegality. That's why, in 2018, Nintendo went after a man who did exactly that, filing a lawsuit against one Sergio Mojarro Moreno, for selling Team-Xecuter devices, storage devices with illegal copies of Nintendo Switch titles, and hacked NES Classic systems, full of more pirated ROMs. The lawsuit was settled in the middle of last year, but only now has the court's injunction been publicly posted. The United States District Court of Southern California ruled that the defendants were to be dismissed without prejudice, meaning that should any of the involved defendants attempt to sell these items again, Nintendo will be able to re-open the case. They were also ordered to refrain from using or selling devices (SX Pro, Trinket M0) that circumvent Nintendo's security measures on their consoles, nor can they sell, rent, or offer pirated copies of Nintendo games. Furthermore, they may not provide or sell anything that uses Nintendo's trademarks to market their products.

Finally, at the time of the filed injunction which was December 30th, all involved parties were required to have disposed of any physical devices or modchips that could hack Nintendo hardware.

Defendant shall, within three (3) days of entry of this Stipulated Judgment and Permanent Injunction, provide written certification to Nintendo, representing that Defendant, including any of his agents, were not in possession of any circumvention devices, including but not limited to any software related to circumventing Nintendo systems, any software that extracts Nintendo video games directly from the original copy, any physical devices, such as SX Pro or Trinket M0 chip, that are used to circumvent Nintendo systems, any memory cards containing illegally downloaded copies of any Nintendo video games, any modded Nintendo devices, or unauthorized copies of Nintendo video games, including but not limited to Super Smash Bros. Ultimate before it was released for sale in the United States, at the date of entry of this Stipulated Judgment and Permanent Injunction, or, if Defendant, including any of his agents, were in possession of any circumvention devices, including but not limited to any software related to circumventing Nintendo systems, any software that extracts Nintendo video games directly from the original copy, any physical devices, such as SX Pro or Trinket M0 chip, that are used to circumvent Nintendo systems, any memory cards containing illegally downloaded copies of any Nintendo video games, any modded Nintendo devices, or unauthorized copies of Nintendo video games, including but not limited to Super Smash Bros. Ultimate before it was released for sale in the United States, that Defendant provide a list of those items in his or his agents’ possession and that they have been destroyed; 4. Judgment is hereby entered in favor of Nintendo on each and every claim for relief in Nintendo’s First Amended Complaint;

Source: Legal Court Document (obtained by TorrentFreak)

 

[rsx]

Console modder here. I don't sell games or roms, I only install modchips. People who ask are ignored, the money would be better but it's illegal.

 

[smf]

I'm fully aware of that but the main factor i'm getting pissed over is these idiots support piracy!

Do you get pissed over everyone who enables piracy?

 

[pDrissy]

Freaking GREED is what’s wrong with people nowadays.. so sad though.. He must be very happy he got away with a warning!! Should learn him!

 

[TheXpertXD]

Yeaa, they prob shouldn't have been selling things that not only don't belong to them but can also be obtained in a free manner, almost sounds like a scam lmaoo. Greedy pirates are the worst kind