Nintendo wins court case against man who sold TX devices and pirated copies of Switch games

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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;

:arrow: Source: Legal Court Document (obtained by TorrentFreak)
 

Tapri

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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 :P
Fooled me with it, didnt even notice, but then again I'm just laying back in my chair and have my glasses off (astigmatism sucks).
 
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PoiRan

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He deserved it, and got away with a slap. Selling ROMs isn't ok. However, buying from this guy was hardly worse than downloading from sites making money from tons of ads. Maybe most users here have access to private non-profit trackers, I don't know.

I don't want to come across as grumpy, but IF you download games from shabby ad-filled malware spreading sites you cant blame someone for paying for roms.
 
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Dust2dust

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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
You are right, but that doesn't justify some jerks selling SD cards loaded with pirated games. As was mentioned several times, neither a seller nor buyer be, when pirated roms are concerned. Soccer moms who don't have the time or the patience to learn how to pirate should just buy the legit games, to compensate for all those savvy GBAtemp members people who know how to. Not fair for her? Maybe, but that's the way the cookie crumbles.
 

xdarkx

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What a great start to the new year! :rofl2:

Wondering how much thought he put into this before he decided to sell roms.
 

Worldblender

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I wonder if they can be called to court about any Trinket M0, or only Trinket M0s being used for hacking, because even though they are mostly used for CFW, they totally have other uses.

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.

I better hope that after all this, that this doesn't mean that we'll no longer be able to purchase Trinket M0s, or that they end up being discontinued, even if they won't be used for this hacking purpose.

I know that selling pirated ROM images part is what got this person in trouble, and it makes me wonder why would a select few people ever decide to engage in this.
 
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DJPlace

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rule number one of ROMS.

you never sell FUCKING ROMS!!

i agree with nintendo on this one. he was lucky to get warned. who knows if he will do it. next time IF he does he's going be bubba's playmate in jail.
 

FAST6191

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Awful lot of people getting rather bent out of shape about selling ROMs. Rather amusing to see actually. Can't get even vaguely as worked up as some people seem to be. Bizarre really.

You are right, but that doesn't justify some jerks selling SD cards loaded with pirated games. As was mentioned several times, neither a seller nor buyer be, when pirated roms are concerned. Soccer moms who don't have the time or the patience to learn how to pirate should just buy the legit games, to compensate for all those savvy GBAtemp members people who know how to. Not fair for her? Maybe, but that's the way the cookie crumbles.
Is it what the North American set call soccer mothers, drivers of Chelsea tractors and the like that were the presumed target? I am sure there are some (or their spawn) that think they were onto a good thing but most times I see anything like this (I am more familiar with the pirated DVD and PS1 game days, though if I consider what I heard during the 360 DVD modding era and would probably be where I found many flash carts on the DS) it is the rather poorer communities/estates that make the most of such services.

Pacific mall in Toronto might be something to contemplate, or research the history of, if you want something a bit more local (or at least same country) for you.
 

Ev1l0rd

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Err, actually major but really relevant status update: This does not close the case. Rather, this is just an injunction. Took me a moment to realize it but uh tl;dr: This just means that the Defendant (the guy being sued) can't continue doing his currently illegal activity.

Nintendo will still have to pursue the actual case and the judge will have to pass judgement on that case (which, depending on the Defendants defense, who knows, maybe the judge could even rule in their favor. I don't think that will be the case, but it's not impossible.) This is essentially a much harsher version of a Cease and Desist as it is right now, in that if this is broken the Defendant can be held in contempt of court or receive monetary sanctions and imprisonment.

They're pretty standard procedure and usually one of the first things filed for any legal case in which the Defendant can be somewhat reasonably expected to not stop the activity that they're being accused of.

--------------------- MERGED ---------------------------

Awful lot of people getting rather bent out of shape about selling ROMs. Rather amusing to see actually. Can't get even vaguely as worked up as some people seem to be. Bizarre really.
Most people really don't like Team Xecuter (I don't plan on reiterating those reasons here lest we drag in everyone with an opinion on them) who has been explicitly mentioned in the court case and having a reseller of theirs explicitly linked with selling piracy and losing a lawsuit over those things... well, you can see how that gets people excited.
 
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FAST6191

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Most people really don't like Team Xecuter (I don't plan on reiterating those reasons here lest we drag in everyone with an opinion on them) who has been explicitly mentioned in the court case and having a reseller of theirs explicitly linked with selling piracy and losing a lawsuit over those things... well, you can see how that gets people excited.
Most people or just some really vocal types?
 

FAST6191

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Depends on where you look I suppose. Most people I tend to seriously speak with at least have a base dislike towards them and if they don't tend to, it's usually because of a lack of knowledge or some sense of buyers remorse.
It was more that I was not seeing that in the replies here, either them being a reseller or it being tied to it. They just seemed upset at the selling of ROMs, something that is an unwise play as it puts you on an inevitable collision course but to the point of the moral outrage from me... nah.

That said most of my TX experience comes from the xbox and 360 side of things wherein they did great stuff, and killer DRM aside I have not particularly seen anything for the Switch that falls outside standard rules of play, and an awful lot of unsubstantiated allegations or miscast info. About as close as anybody really ever got to a properly coherent point was "XCI is only good for piracy" and "great, isn't it?" is the main reply there.
 
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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 :glare:
Doesn't matter. You won't go to jail for not paying a lawsuit. It just affects your credit report (and if you're selling roms, chances are it probably isn't that great to begin with). So they could have sued him for 8 trillion of they wanted to, but I guarantee they wouldn't see a dime of it no matter what.
 

Goku1992A

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You are right, but that doesn't justify some jerks selling SD cards loaded with pirated games. As was mentioned several times, neither a seller nor buyer be, when pirated roms are concerned. Soccer moms who don't have the time or the patience to learn how to pirate should just buy the legit games, to compensate for all those savvy GBAtemp members people who know how to. Not fair for her? Maybe, but that's the way the cookie crumbles.

This happens daily... look on Ebay people are selling shiny pokemon using pokehex haha he is just the 1 out of 1000a who got caught
 

Goku1992A

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Selling genned pokemon on eBay is totally different than selling backup of games, it is two different things.

It's kinda the same thing IMO. The pokemon isn't legitimate just used your hacked switch to get the glitched pokemon and just trade them over to your offical switch for resale.

Keep in mind buisness is buisness but the concept is still the same when it comes to wares people are just going to make a profit...

The guy is kinda wrong for doing it but this is the same as someone who's selling drugs and etc he was too open about his services rather than being discreet I was talking to a seller that it's best to sell the system blank vs with games because sometimes police can entrapt you.

The guy was basically tipped off
 
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