1. vinhdt

    OP vinhdt Advanced Member
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    Regarding the lawsuit from Nintendo, if I were team xecuter and creating a product, I would mention this on the product. The product is intended for homebrew and backup of your own purchase games in case of a damage or lost cartridge and you are against any piracy. Again this product is to save your hard own purchase games in case the games cartridge got damage or lost. This way Nintendo will have a hard time filing a lawsuit because you mention that you are against piracy and it intended for homebrew and backup your own purchased games.

    Or in the future, if you have a new product, mention that you are against any piracy and have an anonymous person in your team to create the software like sx os and pretend you don't know that anonymous person. This way, Nintendo can't go after anyone except for the one and only anonymous person who distribute the software and Nintendo can't find who that anonymous is located.

    Just a suggestion.
     
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  2. vinhdt

    OP vinhdt Advanced Member
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    This way, the creator and the resellers are safe from the lawsuit. Nintendo can go only after that anonymous person.
     
  3. Goku1992A

    Goku1992A GBAtemp Advanced Fan
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    SXOS will be fine lawsuits and modchips been going on for over 20 years so it's not going to go away easily.
     
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  4. Quarions

    Quarions Member
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    These dudes have years of experience and it really shows haha
     
  5. logandzwon

    logandzwon GBAtemp Regular
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    This is not legal in the US. (The exact legalize is something along the lines of loading an unauthorized copy into ram is creating an illegal copy...)

    Homebrew itself is arguably legal. If I was TX I would split off the SX OS and the other SX hardware. (Not because I have anything against SX OS, but I'd separate myself from any direct connection to anything the US would consider piracy.)

    Then, the hardware products would include software and instructions on how to load linux and Android onto a switch. As neither support any form of piracy I would also make it easy for loading vanilla Atmosphere and hekate for it's diagnosing and testing functions. At that point there might be a decent legal standing for sale in the US.
     
  6. vinhdt

    OP vinhdt Advanced Member
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    I believe it is totally legal to backup your hard earn purchased games unless he/she decided to share that file. In that case, then it is illegal. To help the scene alive in the future, we need to be on the side of mod community and creator. If we let those big corporation wins, then we won't have this site or any other related sites in the future. But also, we need the creator to be more careful of what they advertise the product and stated that they don't condone piracy on their product.
     
  7. Kafluke

    Kafluke GBAtemp Guru
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    Personally I feel this way:

    If every game creator had enough faith in their work to create a demo for all their games, legit folk would buy more.

    There's nothing worse than spending 60 bucks on a game that you dont care for (I'm looking at you animal crossing)

    I download xci files for games to try on my SX OS switch. If it's fun then i buy it for my legit switch. I dont regularly play games i havent paid for. Devs have families to support too!
     
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  8. logandzwon

    logandzwon GBAtemp Regular
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    I would say you could ask Bung Enterprises Ltd how that went when they tried to fight the import bans of the Doctor v64, but they went out of business after losing their cases.
     
  9. smf

    smf GBAtemp Psycho!
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    Yes and cocaine dealers should put a disclaimer on their baggies to say that the product is for ornamental use only.

    Because courts are THAT dumb.

    That depends on the country you live in, not all countries have fair use rights (although I don't think there are any countries where the police raid you for backing up a game)..

    Where it gets illegal is selling or distributing a product that could allow you to play those backups on a console.

    People tried all these arguments when Nintendo went after the DS flash carts, the courts disbelieved that a significant number of people were buying them for homebrew.
     
    Last edited by smf, May 21, 2020 at 10:16 PM
  10. logandzwon

    logandzwon GBAtemp Regular
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    This is a bad analogy because it is illegal to be in possession of cocaine, but not illegal to consume it.

    It would be more like labeling poppers as "tape head cleaner".
     
  11. smf

    smf GBAtemp Psycho!
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    Ok, so if you bought an ornament which "unknown to you" contained cocaine. Would that pass mens rea?
    You just met your ornament dealer on a street corner at midnight. He wasn't aware either, he just thought that the ornaments he was selling were really popular.
     
    Last edited by smf, May 22, 2020 at 10:25 AM
  12. Risingdawn

    Risingdawn Tempallica
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    It's completely irrelevant when resellers do not have the money to risk fighting a lawsuit in the first place. The risk is too high for those on the receiving end, the cost negligible for Nintendo. Nintendo can throw money at a lawsuit and that's enough to scare resellers away.
     
  13. PiracyForTheMasses

    PiracyForTheMasses GBAtemp Regular
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    Everyone commenting on this thread are idiots that do NOT have the slightest clue. Do you know why GBATEMP stopped allowing people to share SXOS files on here, clearly you do not. SXOS contains NINTENDO code. End of conversation
     
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