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)

 

[The Real Jdbye]

You guys think he's really destroying all that stuff? It's not like they're going to come to his house and search through everything.
Also, kinda funny he got ordered to destroy any Trinket M0 boards he has, considering that is a general purpose microprocessor that has nothing to do with the Switch really and it could have been done with any microprocessor that has a programmable USB port, the trinket just happens to be pretty small.

 

[Lucifer666]

LOL if this is a sue-able offence then Nintendo really should have been on the Middle East and Southern Europe in the early 2000s.

No official retail stores from no official local distro, just a bunch of small shops and stalls where you can basically only get consoles that are pre-hardmodded. In fact, for years I didn't even know my PS2 was modded because I thought going to a shop and spending around $3 for 50 games is normal (and they usually had shitty prints slid into a DVD case and the DVDs themselves have the correct game art printed on.) I found out when I tried to play one of them on an imported PS3 and it didn't work.

In Syria it was totally normal to buy a Nintendo DS with an R4 in it and literally a hundred different ROMs already on the MicroSD, for probably a teeny bit over the price of a Nintendo DS. All my cousins had R4s and didn't even really understand what they were, it's just how games are distributed.

I moved away. No idea how it is now with consoles that need regular firmware updates and have anti-piracy measures.

I feel legit bad for this dude. He's probably just like one of those 50 y/o guys that run the shops, just liked to see people (mostly kids) come in and get excited about which games they're gonna play next. But also since this is the USA i.e. a 'developed' country I also get it.

 

[The Real Jdbye]

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

The difference is, people buying the products he was selling were already looking for a hacked consoles wanting to pirate. Nintendo can't claim damages, as he didn't give them anything they wouldn't have gotten without him.
NSMB Wii on the other hand was leaked ahead of release, causing an unknown number of lost sales even among people that would otherwise have bought the game at launch, because they already played it so why bother? Not like the game was that great.

The way suing works is that you have to prove to the court that the defendant damaged you or your business or caused you to lose money in some way, and claim some amount of money or goods related to the damages. If you can't prove that, no matter if they were in the wrong or not, you can't get anything from them.

LOL if this is a sue-able offence then Nintendo really should have been on the Middle East and Southern Europe in the early 2000s.

No official retail stores from the official local distro, just a bunch of small shops and stalls where you can basically only get consoles that are pre-hardmodded. In fact, for years I didn't even know my PS2 was modded because I thought going to a shop and spending around $3 for 50 games is normal (and they usually had shitty prints slid into a DVD case and the DVDs themselves have the correct game art printed on.) I found out when I tried to play one of them on an imported PS3 and it didn't work.

In Syria it was totally normal to buy a Nintendo DS with an R4 in it and literally a hundred different ROMs already on the MicroSD, for probably a teeny bit over the price of a Nintendo DS. All my cousins had R4s and didn't even really understand what they were, it's just how games are distributed.

I moved away. No idea how it is now with consoles that need regular firmware updates and have anti-piracy measures.

Singapore used to have a problem with rampant bootlegging as my dad used to buy me bootleg games from there, until eventually the cops cracked down on it hard and gave all the stores selling them huge fines. Now you don't see bootleg games in stores anymore, nor do you see flashcarts or modchips for sale. Pre-hacked consoles are still a thing I believe, though you don't see them openly advertising it in an obvious way. But if you go to the right store, and ask the guy behind the counter if they can hack it for you...

 

[andyhappypants]

I thought it'd be funny cuz he's selling ROMs. That tends to be something that bootleggers do, so I found a Nintendo logo that didn't look TOO off...but still suspiciously weird

Deffo a cheap Chinese hack logo

 

[codezer0]

Bruh, where he effed up was promoting the roms that he sold with them. If he sold a TX install service, his operation could have easily lasted longer.

Not defending the guy, but that's basically where Nintendo had a legal leg to stand on to sue him.

 

[TheZander]

Wow since when can you not do what you want with your devices I thought this was America and to have such injustice struck upon us by this is unconstitutional. There are amendments in place for this stuff for a reason. It is perfectly legal to back up one's games as well as it is legal to do other stuff that's why this case holds no water

 

[Ericthegreat]

Play stupid games, win stupid prizes; that's why you never sell roms.

I thought they got off incredibly easy, especially if they made enough money to cover expenses/lawyer fees, I kind of doubt it though.

 

[0x3000027E]

I thought they got off incredibly easy, especially if they made enough money to cover expenses/lawyer fees, I kind of doubt it though.

Nintendo still has to be wary of their reputation when it comes to Public Relations; suing some Ebay dwellers for large sums of money, (and then trying to collect that money) can get spun into a negative PR story rather quickly.
This was the correct move for Nintendo: demonstrate a court order to show that they are watching/are serious, then leave with a stark warning.

I love the 'bootleg' Nintendo banner on the front page btw, adds a little flavor to the story!

 

[IncredulousP]

Wow! Selling modded consoles with roms? Who would do that? Where was he even located? I mean like, where? Like, what city, street, ya know that's crazy damn. What a dumbass. So where was he selling them?

 

[chrisrlink]

baka, the only reason why this was kept under wraps was because nintendo virtually lost the case since the guy got off pretty much unscathed trust me if he got full penallty +damages nintendo would send out a fanfare parading his head on a pike then mounting the guy's head on Doug bowser's fireplace mantle next to the dozens of other idiots before him

 

[Ericthegreat]

Wow! Selling modded consoles with roms? Who would do that? Where was he even located? I mean like, where? Like, what city, street, ya know that's crazy damn. What a dumbass. So where was he selling them?

Seems "southern California" probably chinatown in LA. I know people who have bought R4s there.

 

[xdarkmario]

normally im on the side of freedom, but selling roms is asking for it. it as bad enough they was charging for their OS Keys and for a pretty hefty price too.

 

[FAST6191]

Not defending the guy, but that's basically where Nintendo had a legal leg to stand on to sue him.

That is pretty much always where they find their legal grounds and base most of their cases. It is just the press releases (which is what you mainly see reported on) that play up the evil modding aspect and say oh we also found some roms on a disc that might be sold as well.

LOL if this is a sue-able offence then Nintendo really should have been on the Middle East and Southern Europe in the early 2000s.

No official retail stores from no official local distro, just a bunch of small shops and stalls where you can basically only get consoles that are pre-hardmodded. In fact, for years I didn't even know my PS2 was modded because I thought going to a shop and spending around $3 for 50 games is normal (and they usually had shitty prints slid into a DVD case and the DVDs themselves have the correct game art printed on.) I found out when I tried to play one of them on an imported PS3 and it didn't work.

In Syria it was totally normal to buy a Nintendo DS with an R4 in it and literally a hundred different ROMs already on the MicroSD, for probably a teeny bit over the price of a Nintendo DS. All my cousins had R4s and didn't even really understand what they were, it's just how games are distributed.

I moved away. No idea how it is now with consoles that need regular firmware updates and have anti-piracy measures.

I feel legit bad for this dude. He's probably just like one of those 50 y/o guys that run the shops, just liked to see people (mostly kids) come in and get excited about which games they're gonna play next. But also since this is the USA i.e. a 'developed' country I also get it.

There were any number of places that such things would apply to, and probably still do to some extent.

That said Microsoft had a quote a while back of something like one day they will pay for it*, when they do we want it to be us that they use. While I doubt you will ever get anybody officially copping to a mindset like that in Nintendo I would be stunned if they did not operate like that at some level.
*how much have many places come up in the world this last 20 or so years.

 

[Jayro]

I expected this. I think we all did. The guy was a dumbass.

 

[Ericzander]

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

The part you cited stated "Defendant, including any of his agents." You wouldn't be implicated by this settlement.

You guys think he's really destroying all that stuff? It's not like they're going to come to his house and search through everything.
Also, kinda funny he got ordered to destroy any Trinket M0 boards he has, considering that is a general purpose microprocessor that has nothing to do with the Switch really and it could have been done with any microprocessor that has a programmable USB port, the trinket just happens to be pretty small.

Because he settled, he agreed to that term. Maybe he would have an argument on appeal if he was sentenced to do that. But dude agreed to it.

The way suing works is that you have to prove to the court that the defendant damaged you or your business or caused you to lose money in some way, and claim some amount of money or goods related to the damages. If you can't prove that, no matter if they were in the wrong or not, you can't get anything from them.

Only in theory. Nintendo has a lot of money and the entire deck stacked in their favor. All they had to do was convince the Defendant that they had a case against him and he would fold and settle. Which is what happened. So Plaintiffs can (and actually almost always in civil and criminal court) prevail over Defendants without the court making any factual findings that aren't based on stipulation.

I thought this was America and to have such injustice struck upon us by this is unconstitutional. There are amendments in place for this stuff for a reason.

I must have missed the amendment that would allow the Defendant to do this or the case law providing how this settlement is unconstitutional. Could you point me in the right direction?

Wow! Selling modded consoles with roms? Who would do that? Where was he even located? I mean like, where? Like, what city, street, ya know that's crazy damn. What a dumbass. So where was he selling them?

Likely Southern California where he was sued. The court needs personal jurisdiction over him and that's usually where he is domiciled or his business' principal place of business. There are exceptions but that's the most likely situation.

 

[Agusto101]

And he went to jail or what? There is a fee ?

 

[Ericzander]

And he went to jail or what? There is a fee ?

Neither. The main post said what he settled for at the end.

 

[Agusto101]

Neither. The main post said what he settled for at the end.

Oh i don't reached to the end Haha my bad uwu

 

[SXAintSoBad]

What a dumbass.

He should have sold Atmosphere, not TX.
Then Nintendo would surely have left him alone.

(this is sarcasm, by the way).

 

[Agusto101]

Neither. The main post said what he settled for at the end.

Ahh... no big deal at all haha I thought it would be a lot worse lol only return all the tools and dont ever use Nintendo again