Team Xecuter's Gary Bowser ordered to pay $10,000,000 fine in civil case

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Early last month, Team Xecuter's Gary Bowser pleaded guilty to charges of trafficking in circumvention devices and conspiracy to circumvent technological measures, resulting in a $4.5 million fine, destruction of property relating to Team Xecuter, and possible jail time. That plea deal was for his federal lawsuit, which is separate to the civil case filed against him by Nintendo of America. The final judgement for that suit came down today, hitting him with another $10 million fine, and ordering a permanent injunction against him from reactivating the Team Xecuter website or utilizing the SX OS, Gateway3DS, or similar brands in any way.

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smf

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Nintendo is dumb, most people are now pirating Switch games on PC.
"most people"? I think you'll find that most people are playing switch games they bought. A lot of people still play on a switch using atmosphere.

I do wonder why nintendo haven't taken dmca action against yuzu though.
 

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"most people"? I think you'll find that most people are playing switch games they bought. A lot of people still play on a switch using atmosphere.

I do wonder why nintendo haven't taken dmca action against yuzu though.
Because they can't. If they could they'd do it. But Yuzu itself is completely legal.
 

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"most people"? I think you'll find that most people are playing switch games they bought. A lot of people still play on a switch using atmosphere.

I do wonder why nintendo haven't taken dmca action against yuzu though.

That's the irony isn't it, at least Xecuter is helping Nintendo sell some Switch hardware. With Yuzu you don't need to pay Nintendo a cent to play their games - what's more you can do 4K upscale and 60fps mod, it's like having a Switch Pro.
 

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"most people"? I think you'll find that most people are playing switch games they bought. A lot of people still play on a switch using atmosphere.

I do wonder why nintendo haven't taken dmca action against yuzu though.

Can't do shit against emulators. SCOTUS ruled them as legal, good luck trying to have them refute that.
 

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smf

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Because they can't. If they could they'd do it. But Yuzu itself is completely legal.
They haven't done anything about stopping people using atmosphere and the signature patches here, so their lack of action should not be seen as proof that Yuzu is legal.

Decrypting switch games is a DMCA violation, the same as SX. It's unlikely they'd be able to get a court to award them huge damages because Yuzu is free.
 

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They haven't done anything about stopping people using atmosphere and the signature patches here, so their lack of action should not be seen as proof that Yuzu is legal.

Decrypting switch games is a DMCA violation, the same as SX. It's unlikely they'd be able to get a court to award them huge damages because Yuzu is free.
Only reason ScrubTendo hasn't done anything to Atmosphere or Emulation is b/c they don't hold piracy codes. Sigpatches are files shared anonymously over the net for free and not being profited in any way. TX got fucked b/c they were caught trafficking their devices promoting piracy along with it. The greed of Switch-lite chips is what really shot them in the foot.
 

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They haven't done anything about stopping people using atmosphere and the signature patches here, so their lack of action should not be seen as proof that Yuzu is legal.

Decrypting switch games is a DMCA violation, the same as SX. It's unlikely they'd be able to get a court to award them huge damages because Yuzu is free.
Yuzu does not decrypt switch games. The roms are a completely separate issue.
 

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Only reason ScrubTendo hasn't done anything to Atmosphere or Emulation is b/c they don't hold piracy codes. Sigpatches are files shared anonymously over the net for free and not being profited in any way. TX got fucked b/c they were caught trafficking their devices promoting piracy along with it. The greed of Switch-lite chips is what really shot them in the foot.

Because no one went after them, TX became arrogant and greedy. They even plotted a subscription plan for their users to access all the Switch roms - that is what triggered their downfall.
 

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Because no one went after them, TX became arrogant and greedy. They even plotted a subscription plan for their users to access all the Switch roms - that is what triggered their downfall
That sounds like a rumor. I never heard about them planning a rom subscription and thats not what Nintendo went after. Personally they would have never made much money for that considering we already get pirated games free on the net.
 

smf

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Yuzu does not decrypt switch games. The roms are a completely separate issue.

I respectfully disagree....

https://yuzu-emu.org/help/quickstart/#dumping-prodkeys-and-titlekeys

We will now dump your prod.keys and title.keys for decryption of your game files.
...
6j. Navigate to your SD card drive and copy both prod.keys and title.keys to the %YUZU_DIR%/keys directory.


Whether you agree with the DMCA or not, Yuzu clearly violates it.

Only reason ScrubTendo hasn't done anything to Atmosphere or Emulation is b/c they don't hold piracy codes. Sigpatches are files shared anonymously over the net for free and not being profited in any way.
Profit is irrelevant to DMCA, though it might not be practical to go after people sharing them for free. However they could go after gbatemp for allowing them to be shared, which they clearly are aware of.

Atmosphere does violate the DMCA by circumventing access controls which allows it to replace parts of the OS, so they do have an avenue to stopping it. Courts in the US have been quite clear that they are against any kind of software modification for games consoles, even if there is some legitimate reasons (they've recently allowed it for replacing paired optical drives https://arstechnica.com/tech-policy...repair-for-video-game-console-optical-drives/ but the switch has no optical drive...). SciresM disassembling nintendo's code and then writing his own version is also a long established copyright nightmare.

Yuzu contains code to decrypt games, which legally would be a problem if they ended up in court.

You better hope that Nintendo don't care.
 
Last edited by smf,

Stealphie

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I respectfully disagree....

https://yuzu-emu.org/help/quickstart/#dumping-prodkeys-and-titlekeys

We will now dump your prod.keys and title.keys for decryption of your game files.
...
6j. Navigate to your SD card drive and copy both prod.keys and title.keys to the %YUZU_DIR%/keys directory.


Whether you agree with the DMCA or not, Yuzu clearly violates it.


Profit is irrelevant to DMCA, though it might not be practical to go after people sharing them for free. However they could go after gbatemp for allowing them to be shared, which they clearly are aware of.

Atmosphere does violate the DMCA by circumventing access controls which allows it to replace parts of the OS, so they do have an avenue to stopping it. Courts in the US have been quite clear that they are against any kind of software modification for games consoles, even if there is some legitimate reasons (they've recently allowed it for replacing paired optical drives https://arstechnica.com/tech-policy...repair-for-video-game-console-optical-drives/ but the switch has no optical drive...). SciresM disassembling nintendo's code and then writing his own version is also a long established copyright nightmare.

Yuzu contains code to decrypt games, which legally would be a problem if they ended up in court.

You better hope that Nintendo don't care.
The guide might include a guide on how to back it up, sure. But it doesn't include the file itself, and neither does Yuzu. Worst thing they could do is maybe take down that page.
 

smf

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The guide might include a guide on how to back it up, sure. But it doesn't include the file itself, and neither does Yuzu. Worst thing they could do is maybe take down that page.
Yuzu does not have to include the key for it to be violating the DMCA. Just describing how to use the key once you have it is enough, which includes the source code and binary of Yuzu.

So the worst they could do is sue the authors of Yuzu. Whether they do is another matter, but Yuzu and SX OS are in the same legal position.

MPAA already won in the supreme court against DeCSS which is similar to Yuzu.

After DeCSS, do you really think the courts would take millions off of TX and then look at Yuzu and think that it was ok?
 

Nincompoopdo

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I respectfully disagree....

https://yuzu-emu.org/help/quickstart/#dumping-prodkeys-and-titlekeys

We will now dump your prod.keys and title.keys for decryption of your game files.
...

Yuzu contains code to decrypt games, which legally would be a problem if they ended up in court.

You better hope that Nintendo don't care.

Since UltraHLE during the N64 generation 20 years ago, Nintendo's consoles had been actively emulated and pirated on PC. Dolphin for GC/Wii, CEMU for Wii U and Citra for 3DS are currently still active besides Yuzu. Nintendo never went after them in the past, I don't why they will do it now.
 

smf

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Since UltraHLE during the N64 generation 20 years ago, Nintendo's consoles had been actively emulated and pirated on PC. Dolphin for GC/Wii, CEMU for Wii U and Citra for 3DS are currently still active besides Yuzu. Nintendo never went after them in the past, I don't why they will do it now.
N64 and Gamecube would not be covered by DMCA.

But why Nintendo chose not to go after those emulators is up to Nintendo, not whether the emulators break the law or not.

They don't see to have gone after any of the free Wii piracy products either, limiting themselves to commercial products.
Probably because there is money to go after.

Some of the patreon supported emulators make a ton of money out of piracy though.
 
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