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)

 

[Ev1l0rd]

I can't understand how is this possible. Some guy stores a couple hundreds of 25+ year old NES games for free on not-so-popular website got millions of dollars of fine to pay and this man, who sold pirated games for the Switch, Nintendo's most recent system, for real money, goes away with only a warning. How? Where's the justice in all of this?

Looking at the document, not only he will not pay anything to Nintedo, he will not even pay for their legal expences. I just dont understand. HOW???

This isn't a ruling, it's an injunction. It's something courts grant if there is a serious risk that someone may continue their potentially illicit behavior. It's a warning that if this continues [for as long as the case is going] he could receive additional fines/jail time and be held in contempt of court.

The case is still ongoing.

 

[smf]

Actually supporting piracy is just annoying.

Are you sure you're on the right web site?

 

[brickmii82]

It’s not illegal to hack your console. That’s like saying it’s illegal to modify the fuel trim in your cars computer programming. There’s an abundance of precedent already set. This guy got sued for selling pirated software, not hacking his console.

The defense is simple. The DMCA does not override Constitutional rights. You can defend this under several Amendments. Pick which way you want embarrass the plaintiff. Infringing personal liberties is the usual route lawyers go.

Upon purchase an item is empirically yours in its whole entirety. This is the material precedent established for a decade now.

 

[Anxiety_timmy]

This is why you don't do piracy kids!
(its just a joke jeez)

 

[ClickCLK]

This isn't a ruling, it's an injunction. It's something courts grant if there is a serious risk that someone may continue their potentially illicit behavior. It's a warning that if this continues [for as long as the case is going] he could receive additional fines/jail time and be held in contempt of court.

The case is still ongoing.

It makes sense now. Thanks for the explanation.

 

[Retronian-Psyverse]

That i'll admit is a pain but downloading games you don't own isn't cool just shows laziness to go to wallmart, best buy or where ever to get the game. And I know people here will still "suck TX dick thinking oh i haven't got caught yet give it time and you will.

 

[FAST6191]

That i'll admit is a pain but downloading games you don't own isn't cool just shows laziness to go to wallmart, best buy or where ever to get the game. And I know people here will still "suck TX dick thinking oh i haven't got caught yet give it time and you will.

Other than the dubious stuff with third party investigators back when torrents were seriously popular has anybody got a nice letter in recent years?

 

[Deleted-515388]

what the hell he was thinking...
but he get off lightly

 

[disenylover1234]

The man get off lightly
WHAT did you expect
Selling roms hun

 

[smf]

That’s like saying it’s illegal to modify the fuel trim in your cars computer programming.

I'm not sure that is a good analogy, there are modifications that would make your car illegal to drive on the public highway.

The DMCA does not override Constitutional rights. You can defend this under several Amendments. Pick which way you want embarrass the plaintiff. Infringing personal liberties is the usual route lawyers go

Could you list them all?

Surely you only have liberty while acting lawfully though?

 

[brickmii82]

I'm not sure that is a good analogy, there are modifications that would make your car illegal to drive on the public highway.



Could you list them all?

No because we've had this discussion before, and yet despite being presented evidence you chose to entertain misinformation further. So now, you can do your own research, or not. I really don't care. And folks can take whichever side they deem as best, fact. Again, I really don't care. Meanwhile folks will continue to find mod shops all over the country operating fully within their legal rights.

 

[smf]

No because we've had this discussion before, and yet despite being presented evidence you chose to entertain misinformation further. So now, you can do your own research, or not. I really don't care. And folks can take whichever side they deem as best, fact. Again, I really don't care. Meanwhile folks will continue to find mod shops all over the country operating fully within their legal rights.

Have we? Could you point me to it? You understand that nobody has to accept your evidence, because your evidence can be wrong ? If everyone who provided evidence was automatically right, then we wouldn't need judges and juries.

It sounds like you should be offering your legal advice to drug cooks who are unconstitionally arrested. How can it be illegal to mix some chemicals together? right?

 

[brickmii82]

Have we? Could you point me to it?

It sounds like you should be offering your legal advice to drug cooks who are unconstitionally arrested. How can it be illegal to mix some chemicals together? right?

You can spout sanctimonious whataboutism garbage to your hearts desire, and yet those hundreds of mod shops will continue selling hacks and hacked consoles.

Sounds like reading and comprehension aren’t your strong suit. I said look it up yourself. Or not.

 

[smf]

You can spout sanctimonious whataboutism garbage to your hearts desire, and yet those hundreds of mod shops will continue selling hacks and hacked consoles.

Can you provide some evidence to back that up?

Sanctimonious: making a show of being morally superior to other people.

If you say that someone is sanctimonious, you disapprove of them because you think that they are trying to appear morally better than other people.

I was discussing legality, not morality. There is a very big difference between the two.

Sounds like reading and comprehension aren’t your strong suit. I said look it up yourself. Or not.

No, you first told me to look up the constitutional amendments that you could use to embarass the plaintiff. Then I asked to show me where we'd had the conversation before. Are you saying I should have assumed you would react in this way from the first post? It's on me for giving you the benefit of the doubt?

I don't remember having a discussion with you before, but if it went like this then it's no wonder I didn't accept what you were saying.

 

[MasterJ360]

That i'll admit is a pain but downloading games you don't own isn't cool just shows laziness to go to wallmart, best buy or where ever to get the game. And I know people here will still "suck TX dick thinking oh i haven't got caught yet give it time and you will.

Piracy isn't about just TX its literally everywhere on the net that ppl do on a daily basis even music and movies. This thread is a party of white Knights behind keyboards. The real issue here is you got uneducated folks selling piracy in the public when its really a "Closed Behind Door" thing. TX doesn't sell roms btw

 

[Retronian-Psyverse]

Piracy isn't about just TX its literally everywhere on the net that ppl do on a daily basis even music and movies. This thread is a party of white Knights behind keyboards. The real issue here is you got uneducated folks selling piracy in the public when its really a "Closed Behind Door" thing. TX doesn't sell roms btw

I'm fully aware of that but the main factor i'm getting pissed over is these idiots support piracy! Ok I get the switch is limited and has faults (the joy-con drift & dead pixels) and lack of themes and virtual console but is that really the reason idiots like this want to hack/mod a console still early in it's life? why not wait until the next console is out then mod the shit out of it because then support for the actual system will have stopped and no worry about getting found out and shut down and the company wont give a fuck. But NO team like this think "OOOOOOO new system let's mod the shit out of it and then sell it for hundreds of GBP Dollars or whatever currency in the world.

 

[XDel]

How dare he try to make a living!!! Damn him! I only support the big corporations who place safety nets around their buildings so when employees try to escape their misery through suicide, the are caught, rounded up, and re-introduced to their tedious, soulless labors instead.

 

[MasterJ360]

I'm fully aware of that but the main factor i'm getting pissed over is these idiots support piracy! Ok I get the switch is limited and has faults (the joy-con drift & dead pixels) and lack of themes and virtual console but is that really the reason idiots like this want to hack/mod a console still early in it's life? why not wait until the next console is out then mod the shit out of it because then support for the actual system will have stopped and no worry about getting found out and shut down and the company wont give a fuck. But NO team like this think "OOOOOOO new system let's mod the shit out of it and then sell it for hundreds of GBP Dollars or whatever currency in the world.

None of that matters when the Console itself is breaking records in sales. Sure I can understand why you or some folks get upset b/c you have to pay for your games, but piracy is a mere mosquito bite to popular titles that are selling fast. Hell even pirates tend to buy games when they want to play online which is the sole reason of Emunand. But you can't punish the ppl for using it if its out there for access. Its like that one guy from the PC Steam community that had an anti piracy hack tool for steam games and if it detected a pirated copy it would delete the files right off your computer. Sure he had good intentions, but it only made him look bad in the act of malware. I may have a JB PS4, but I still dropped $360 on the FF7 1st Class Edition even tho ppl are finding ways to play newer games on older firms

 

[FAST6191]

I'm fully aware of that but the main factor i'm getting pissed over is these idiots support piracy! Ok I get the switch is limited and has faults (the joy-con drift & dead pixels) and lack of themes and virtual console but is that really the reason idiots like this want to hack/mod a console still early in it's life? why not wait until the next console is out then mod the shit out of it because then support for the actual system will have stopped and no worry about getting found out and shut down and the company wont give a fuck. But NO team like this think "OOOOOOO new system let's mod the shit out of it and then sell it for hundreds of GBP Dollars or whatever currency in the world.

Probably a case of don't feed the troll but... yeah

ROM hacks (unless I am mistaken and all those games come out utter customisable perfection right off the hop), cheats, homebrew, ease of use in everything from saves and storage to not having to lug carts around... all non concepts or something?

 

[SXAintSoBad]

Meanwhile folks will continue to find mod shops all over the country operating fully within their legal rights.

Folks will continue to find mod shops all over the country: True. The barrier to entry is low.
Operating fully within their legal rights: False. Just because they are operating does not mean they are legal.

Show me even ONE legal precedent where a court found in favour of a mod shop in a DMCA circumvention lawsuit in the US and allowed them to keep operating and I'll change my tune.