If you thought the arrest of some of Team Xecuter's group would be the end of things for the two sides, you'd be wrong. It's Bowser VS Bowser, as Nintendo of America--and by extension Doug Bowser, has filed a lawsuit against TX's Gary Bowser. Gary Bowser was arrested last year alongside cohort Max Louarn, with the former having been extradited to the United States, and the latter still in custody in Canada, facing extradition as well. Bowser was already dealing with 11 counts of felony charges, and now this new lawsuit, filed in NOA's home turf of Washington State, adds to his list of problems.

Nintendo alleges that he trafficked piracy devices in the form of SX, and also infringed upon the company's trademarks. As a result, the house of Super Mario is seeking compensation, to the tune of $150,000, as well as charges of $2,500 per "willful violation". Depending on how things go in court, Nintendo may even try to go after a cut of sales profit that Bowser got from selling SX chips. The full, lengthy legal diatribe is available below, courtesy of Polygon.

Source

 

[I_AM_L_FORCE]

It was NOT Gary's chips to be taking anything out of it. Quit implying Gary is and was the mastermind behind all of this.

All the SX shills are coming out today, with clearly no understanding of the law. Gary happened to be a public face of sX whilst also being on their payroll and therefore their employee, and while residing in North America. Doesn't take a genius.

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

In all fairness, the concept of an independent contractor isn't an alien one. You can run PR on behalf of a company and be paid for said service, but not be a part of the PR department.

Sure, that's true but since it was a criminal operation in the first place Gary was still aiding in trafficking illegal goods.

"No judge, I just happened to be a spokesperson for the Cartel trafficking Black Tar Heroin"

 

[Xerion]

Beat me to it

 

[89trees]

So long, Gary Bowser

 

[ital]

The insanity of not one but two people being called Bowser being linked with Nintendo is all the proof you need we're living in a simulation because obviously the programmer is having a good laugh with a wink and nudge like this.

 

[modrobert]

Gary can sue Nintendo for using his family name as one of their characters.

The strangest part about this indictment/lawsuit is that none of the indicted are US citizens, and they didn't run their business in USA. The only charge that remotely seems possible to use as grounds for extradition is "money laundering", which seems to lack in the evidence department after reading the original indictment.

To quote the statement at:
https://www.justice.gov/opa/pr/two-members-notorious-videogame-piracy-group-team-xecuter-custody

The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Also, for those who happily side with Nintendo in this matter, keep in mind if Nintendo win this case it can be used as reference for new indictments, then it will not matter what country you are in, you can be charged under US law without any protection from domestic law in your own country. For example, a website like gbatemp.net could be indicted under the DMCA which is US law.

 

[MikaDubbz]

I'd say it's more like drugs coming in from other countries. An illegal product getting past the borders, not being manufactured by the US. Again, I totally get it.

 

[DuoForce]

The Battle of the Bowsers

 

[I_AM_L_FORCE]

Gary can sue Nintendo for using his family name as one of their characters.

The strangest part about this indictment/lawsuit is that none of the indicted are US citizens, and they didn't run their business in USA. The only charge that remotely seems possible to use as grounds for extradition is "money laundering", which seems to lack in the evidence department after reading the original indictment.

To quote the statement at:
https://www.justice.gov/opa/pr/two-members-notorious-videogame-piracy-group-team-xecuter-custody




Also, for those who happily side with Nintendo in this matter, keep in mind if Nintendo win this case it can be used as reference for new indictments, then it will not matter what country you are in, you can be charged under US law without any protection from domestic law in your own country. For example, a website like gbatemp.net could be indicted under the DMCA which is US law.

Not how the law works. That's like saying that the European Union could charge an American under the GDPR and have them extradited to Belgium, it would never happen lol.

 

[Plasmaster09]

I will be fucking pissed if they don’t hire someone named “Mario” as their lawyer.

nah they need to hire a Kirby as their lawyer just like old times

 

[pofehof]

Gary can sue Nintendo for using his family name as one of their characters.

lol, no they can't. One family doesn't own the rights to a name.

 

[Bladexdsl]

lol, no they can't. One family doesn't own the rights to a name.

he could say that using his name has caused him grief and humiliation that shit always works

 

[sorabora]

Gary can sue Nintendo for using his family name as one of their characters.

The strangest part about this indictment/lawsuit is that none of the indicted are US citizens, and they didn't run their business in USA. The only charge that remotely seems possible to use as grounds for extradition is "money laundering", which seems to lack in the evidence department after reading the original indictment.

To quote the statement at:
https://www.justice.gov/opa/pr/two-members-notorious-videogame-piracy-group-team-xecuter-custody




Also, for those who happily side with Nintendo in this matter, keep in mind if Nintendo win this case it can be used as reference for new indictments, then it will not matter what country you are in, you can be charged under US law without any protection from domestic law in your own country. For example, a website like gbatemp.net could be indicted under the DMCA which is US law.

You're confusing criminal charges by the federal government with civil charges by a corporation. The former can result in fines and imprisonment. The latter can result in various remedies, none of which involve prison.

 

[K3N1]

I hope the judge hits the hammer 3 times.

 

[chrisrlink]

funny how Nintendo can sue us when we wrong them but when they wrong us their protected by arbitration i call foul and it just isn't nintendo any company is protected MS,Sony etc

 

[Ericzander]

All the SX shills are coming out today, with clearly no understanding of the law. Gary happened to be a public face of sX whilst also being on their payroll and therefore their employee, and while residing in North America. Doesn't take a genius.

Gary didn't live in the USA. He was extradicted to America from the Dominican Republic last year on felony charges. But now that he's here, the court has personal jurisdiction over him for this civil case.

funny how Nintendo can sue us when we wrong them but when they wrong us their protected by arbitration i call foul and it just isn't nintendo any company is protected MS,Sony etc

Arbitration clauses aren't always as iron clad as some companies would have you believe. If you had a legitimate claim against Nintendo and a decent lawyer, you may be able to get around the arbitration requirement.

 

[raxadian]

Good thing my Switch is an old model and so can be hacked without a chip.

 

[Ishzark]

Bowser vs Bowser? That's a good story

well one thing for sure: Bowser won't be happy for a long time, they will make him take responsibility for the damage he indirectly created

it's the same thing with pirating a movie: when they get you you ain't gonna be happy.

 

[gnmmarechal]

Pog this Bowser v Bowser thing is actually hilarious

 

[chrisrlink]

you'd think gary would be smart enough to pick from this list if he was doin illegal shit by US laws

• Afghanistan
• Algeria
• Andorra
• Angola
• Armenia
• Azerbaijan
• Bahrain
• Bangladesh
• Belarus
• Benin
• Botswana
• Brunei
• Burkina Faso
• Burundi
• Cambodia
• Cameroon
• Cape Verde
• Central African Republic
• Chad

• China
• Comoros
• Congo
• Djibouti
• East Timor
• Equatorial Guinea
• Eritrea
• Ethiopia
• Gabon
• Georgia
• Guinea
• Guinea-Bissau
• Indonesia
• Ivory Coast
• Kazakhstan
• Kuwait
• Kyrgyzstan
• Laos
• Lebanon

• Libya
• Madagascar
• Maldives
• Mali
• Mauritania
• Moldova
• Mongolia
• Morocco
• Mozambique
• Namibia
• Nepal
• Niger
• Oman
• Qatar
• Russia
• Rwanda
• Samoa
• São Tomé & Príncipe
• Saudi Arabia

• Senegal
• Solomon Islands
• Somalia
• South Sudan
• Sudan
• Taiwan
• Tajikistan
• Togo
• Tunisia
• Turkmenistan
• Uganda
• Ukraine
• UAE
• Uzbekistan
• Vanuatu
• Vatican City
• Vietnam
• Yemen

 

[Julie_Pilgrim]

No one actually uses homebrew anymore unless it's to enable piracy, or emulate consoles...to pirate previous gens.

No, but *checks notes* themes, or something