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)

 

[DinohScene]

Selling pirated copies.
Hah!

Got what you deserved.

 

[punpuno]

yeesh who would sell roms

 

[Deleted User]

Naoto Shirogane wins again.

 

[FAST6191]

I did wonder why the ROM selling bit was the lead but seems to be a court document rather than the usual press statement so that is probably why.

Anyway while I imagine it would be tempting to load up some ROMs on things and get some more customers that care to pay for convenience you are just inviting the companies to slap you.

 

[Bladexdsl]

Got what you deserved.

except all they got was a slap on the wrist not even a fine. total fucking injustice! when kongnutz pirates ONE shitty mario game and gets sued a million

 

[PatrickD85]

Souljaboy would 'crank dat' Soulja console in a heartbeat.

 

[Ev1l0rd]

Haha, good.

Now let's wait and see if they can identify any other TX resellers.

 

[Goku1992A]

Ppl sell these all the time on ebay and offer up in my area

 

[KungFuzion]

Dickheads like this is what ruins it for everyone else. It's like when you see these clowns on fb selling stacked retropie images on Pi's then charging silly money for the privelage.

 

[JuanMena]

 

[jt_1258]

Clearly wasn't from China XD

 

[banjo2]

Anyone know how much he was selling for and how many games?

 

[bandithedoge]

Selling and buying ROMs is the stupidest thing I've heard of lately. The whole concept of piracy is NOT paying for them.

 

[Hayato213]

Well it is obviously dude is stupid enough to sell backup online, probably it would be even worse if was Sony. You don't always see Nintendo going after people, even if someone was going to sell something with CFW on it, make sure there is no backup on that system installed period.

 

[Goku1992A]

Selling and buying ROMs is the stupidest thing I've heard of lately. The whole concept of piracy is NOT paying for them.

I agree and disagree with you. Guys like you and me we understand the process but soccer mom and dad or mom with 5 kids not going to have the time to configure files they prefer it already premade.

That's mainly who buy the devices

 

[stanleyopar2000]

When you're a Privateer, expect to walk the plank.

Don't expect to not get in trouble when you have for-profit piracy Services as a business. If this person was buying TX devices and reselling them I'm sure they were probably charging higher than normal prices like an asshat just for the sake of convenience.

I don't blame Nintendo one bit for this, and it's rare for me to be happy for Nintendo winning court cases but this is one of them.

Fucking scallywag got their comeuppance. ROMS are not for sale.

 

[Lodad]

Am I reading that correctly, that they aren't even allowed to own or use any exploit hardware for their own purposes? How would that be enforceable?

I agree that this is one of those clear cases of Big N being in the right, though. This is the kind of case that only gives them ammunition to use against the rest of us.

 

[the_randomizer]

What did he expect, to get away with it? Don't sell pirated games, you're less likely to get caught if you simply download them. People who sell pirated games or buy them deserved to be ripped off.

Dumbass,

 

[PrincessLillie]

You sell ROMs, you get fucked. It's common sense, don't sell or buy ROMs!
What really got to me though was this:

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 physical devices, such as SX Pro or Trinket M0 chip, that are used to circumvent Nintendo systems, [...] any modded Nintendo devices, or unauthorized copies of Nintendo video games

Does this mean Nintendo can fine me or make me write an essay for my B9S 3DS?

 

[Teletron1]

Its one thing to alter hardware its another to install non licensed software and try to collect on it big N making their presence felt with their surplus cash supply