In May 2020, Nintendo of America filed two lawsuits and requested an injunction to stop resellers from distributing software and hardware that allows Nintendo Switch owners to disable the console’s copyright protections. Nintendo's lawsuits targeted vendors because the group that created the hacks, Team Xecuter, were anonymous at the time.
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One of the resellers in question was Uberchips.com, a site operated by Tom Dilts Jr., which went offline shortly after the lawsuits were filed in court. In October 2020, Nintendo reached a settlement with Dilts, requiring that the site pay £2 million in damages, relinquish the domain name to Nintendo, shut down the Uberchips Facebook group and other social media, and destroy any remaining stock.
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Since that time, Nintendo has uncovered the names of two members of Team Xecutor, Gary Bowser and Max Louarn. In November 2020, the two hackers were arrested and charged with 11 felony counts of fraud for creating and selling the Nintendo Switch copyright circumvention tools. And on April 16, 2021, Nintendo filed a lawsuit in Seattle, Washington, against Bowser for trafficking and copyright violation.
The lawsuit alleges that Team Xecutor has been creating and selling hacks for Nintendo consoles since 2013, beginning with the now discontinued Nintendo 3DS. The company has compiled a detailed record of the Switch hacks released by Bowser, and that has been provided in the court filing along with a breakdown of how the hardware and software hacks work.
The hacks are implemented on the Switch using a dongle called an RCM Loader, which is plugged into the console’s charging port and installs custom firmware, or “injects the payload.” This jailbreaks the console, allowing anybody to download and install pirated software, including Switch games that haven’t been legally purchased.
Nintendo is well known for protecting its brand and intellectual property, pursuing individuals and companies through legal means to stop any alleged infringement. The second lawsuit that was filed in May 2020 is still ongoing and targets eight other resellers of Team Xecutor’s copyright hacks. Nintendo also filed a third lawsuit in November 2020 against an Amazon reseller who goes by the name of Hoang Minh for selling the RCM Loader and violating the company’s copyrights.
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In recent months, Nintendo has also been on the receiving end of lawsuits for the Nintendo Switch Joy-Cons drift issue, which numerous console owners have experienced. While many consumers were considering the possibility of a class action lawsuit, Nintendo began offering free Joy-Con repairs in 2019. However, that didn’t stop lawsuits from being filed in various locations around the world. In September 2020, one UK gamer announced on Reddit that they had taken Nintendo to court and won, with Nintendo of Europe paying an undisclosed amount to settle the case.
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Source: Polygon
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