Nintendo isn't done trying to take legal action against those trying to let users hack their Nintendo Switch consoles. They've filed yet another lawsuit recently against defendant Le Hoang Minh, who has been accused of selling devices that allow for the "circumvention of a technological protection measure that controls access to a copyrighted work and trafficking in devices intended to circumvent technological protection measures". Minh has, according to the legal documents, previously sold "jailbreak device" RCM Loader through Amazon, to which Nintendo issued a DMCA notice. The seller then filed a counter claim against Nintendo, and continued selling the device. Now, Nintendo is looking to sue for damages--a whopping maximum of $2,500 per violation--and to prevent Minh from being able to sell such products ever again.

Nintendo's lawyers claim that piracy has become a "serious, worsening international problem", to which the company has focused on taking action against, as seen in the numerous lawsuits and legal battles we've seen crop up in the past year. In May, Nintendo went after Tom Dilts Jr., owner of Uberchips, who was a reseller of SX OS and other Team Xecuter products. Team Xecuter themselves also ran into legal issues, with the FBI arresting two of their members last month.

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[Dust2dust]

Piracy will end when its more convenient to buy a game than to steal it.

Not necessarily. It's just fun to make your console do something that it shouldn't be able to do. That's half of the fun. The other half is saving money.

 

[Deleted User]

Doesn't Le Hoang Minh live in China? Or is this not the same guy who was doing so when the other two guys with Team Xecuter got arrested?

EDIT: read that last paragraph and also the fact that this is over RCM loaders. Are these those weird dongles that upload the payload to the Switch? Or is this any RCM jig?

presuming dongles. which I seriously hope Nintendo doesn't win this case. Since those don't really provide piracy. Just modding in general.

 

[Adran_Marit]

I for one personally hope they loose this case and maybe that will make way for more open source projects... DIv2

 

[Deleted User]

in my eyes it's like saying an sd card with certain files for hacking a wii is piracy.

 

[Silent_Gunner]

presuming dongles. which I seriously hope Nintendo doesn't win this case. Since those don't really provide piracy. Just modding in general.

Shit. Why stop at dongles? Why not toss ODEs into the mix as well?

Better get the stuff you want while you still can!

 

[Dust2dust]

If they were able to get a cease and desist against the Dragon Injector project, why not go after the other RCM dongles? Luckily they are made in China, so not such an easy task for them. But honestly, anyone who has a first gen unpatched V1 Switch should already have his RCM dongle, if he wanted one in the first place.

 

[MagnesG]

This is just another case where the seller had been very blatant about the piracy route from the product page itself, citing SX OS etc. He even counter claim back to make it worse, and selling it on Amazon of all places.

Nintendo won't be playing this game all of above didn't happen. The seller is just an idiot.

 

[MeAndHax]

dafuq is this?


in the file it says Le lives in Vietnam, so why the f*ck would he even care a single bit that Nintendo America has sued him? Lmaoo i would just throw the letter away into the trash bin and continue selling it. Nintendo is going nuts right now.

 

[MohammedQ8]

It funny that Nintendo now have enough money to sue the world thanks to switch. Where were you in wii u days hehe. Instead of suing people they should fix or make new joys models.

 

[DJPlace]

yet another one bites the dust. nintendo got serious with this now yet again.

 

[Chrisssj2]

This PISSED ME OFF!!!!!! RCM Loader devices DO NOT help you with piracy at all they are IDIOTS!!!!!!

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if the judges in the court are smart. they will not let this lawsuit win and toss that case out.

Yup just as astmosphere and SX OS. BOTH can be used for either homebrew or piracy. It doesn't mean exclusively the latter.

 

[pcwizard7]

astmosphere and SX OS. BOTH can be used for either homebrew or piracy so how SX the ones who promote privacy and not atmos. you can charge them for earning money off it.

 

[mattyxarope]

astmosphere and SX OS. BOTH can be used for either homebrew or piracy so how SX the ones who promote privacy and not atmos. you can charge them for earning money off it.

SXOS includes keys that are technically owned by Nintendo making them illegal to distribute.

SX was sued recently because they were producing mod chips that had these illegally distributed keys baked into them.

That's the difference.

 

[NeroAngelo]

I doubt they could win this case, it's more of tangle the company in legal fees and scare them into stopping

 

[Axido]

"Worsening international problem"... yeah, right.

How old are those lawyers? 18?
Look at how common piracy was in the good old Amiga and Commodore days... or with the Nintendo DS and Sony PSP (in fact it is pretty hard to find a used PSP that hasn't been hacked yet)... or how comparatively easy it was to hack a Wii. Now look at the Switch. By now the majority of units can't even be hacked using a jig and an RCM loader.

If anything, piracy has become far more niche than it used to be.

 

[tigersaman]

To those who were cheering Nintendo for lawsuit against SX : In the eyes of nintendo we are all on the same side. If one goes down, others go down too.

 

[shanefromoz]

Are Nintendo seriously that dumb.
We dont need rcm loaders anymore.
Same thing can be done using a mobile phone and usb c to usb c lead

 

[GatoFiestero]

I highly recommend the RCM Loader it has worked perfect for me for quite some time.

 

[Technicmaster0]

I think that the result of a lawsuit depends on what the end user does with the product and most will probably use it for piracy.
There was decision by the european court about what copy protection means etc back in 2014: http://curia.europa.eu/juris/document/document.jsf?docid=146686&doclang=EN and I don't think that RCM dongles would win under this ruling.
Anyways, they probably won't get close to that layer. Most of these cases settle before someone is sentenced

 

[studio1b]

nintnedo will win the case.
RCMloaders come with payloaders pre installed on the device ( do not know why the sellers would include this )
but right off the bat you getting sued for that reason