The United States Department of Justice has shared some news regarding Team-Xecuter, which doesn't appear to be a good sign for the company. Gary Bowser, known on GBAtemp as garyopa, Max Louarn, and Yuanning Chen have all been arrested in Seattle, Washington. The US Government classifies these men as "leaders of one of the world's most notorious videogame piracy groups", and will be facing a federal indictment charge, for the selling of illegal hardware that facilitates piracy.

“These defendants lined their pockets by stealing and selling the work of other video-game developers – even going so far as to make customers pay a licensing fee to play stolen games,” said U.S. Attorney Brian Moran for the Western District of Washington. “This conduct doesn’t just harm billion dollar companies, it hijacks the hard work of individuals working to advance in the video-game industry.”

The FBI has also been involved, with each defendant to be charged under 11 felony counts, ranging from wire fraud, trafficking circumvention devices, and conspiracy to commit money laundering. One of the defendants, Louarn, has not yet been extradited, though Bowser has, where he was seen in the court hearing that took place today.

In September 2020, Louarn and Bowser were arrested abroad in connection with the charges in this case. The United States will seek Louarn’s extradition to stand trial in the United States. Bowser was arrested and deported from the Dominican Republic, and appeared today in federal court, in New Jersey.

Each defendant is charged with 11 felony counts, including conspiracy to commit wire fraud, wire fraud, conspiracy to circumvent technological measures and to traffic in circumvention devices, trafficking in circumvention devices, and conspiracy to commit money laundering.

Source

 

[MikaDubbz]

I feel for them, but if you're openly selling piracy, especially for Nintendo systems, you must at this point understand the risk you're taking.

 

[weatMod]

The SX key is sold to you which unlocks this functionality. That's all the court needs to know to refer to SX as a "paid piracy enabler."

This lawsuit is primarily targeting the chips themselves as they bypass hardware restrictions to prevent piracy. SX has been tacked on the side so they can take down both with 1 lawsuit.

but even with the license the ships do more than just enable backups
they enable hommebrew and the running of alternative OS's
this is no different than every other hard mod device that has been sold since beginning of the video game industry

 

[Haymose]

and you believe that atmosphere has done how to be able to be launched on your switch which is prohibited is any modification, even minor, of a product to make it something other than its basic use so atmo is also illegal.Moreover here you get the sigpatch which is illegal if we follow the logic of the hacking facilitation so gbatemp is illegal since it has posts give atmo sigpatches

you can try to justify its illegality in both cases so

I will even go further any modification made by a person other than the developer of the product / software whatever it is is illegal except consent to last explicit therefore here modification of your switch

the launch of an unauthorized code or no produced by nintendo even the homebrew are illegal because they are in no way explicitly authorized to be used

sorry for english i use google translate

Was a little hard to follow because of the translation but it seems like you are talking about violating Nintendo's TOS which is not the same thing.

 

[godreborn]

I'm ambivalent about this. It doesn't affect me as I'm legit, but aren't the mariko switches no longer hackable?

 

[Nomi20]

but even with the license the ships do more than just enable backups
they enable hommebrew and the running of alternative OS's
this is no different than every other hard mod device that has been sold since beginning of the video game industry

It's the ability to load .xci files which makes the purpose piracy. .xci is the cartridge file format for the switch which means since they implemented this feature it was built to play pirated games.

 

[Jayro]

This FUCKING SUCKS.

 

[weatMod]

It's the ability to load .xci files which makes the purpose piracy. .xci is the cartridge file format for the switch which means since they implemented this feature it was built to play pirated games.

but DMCA even allows you to make one backup of a copyrighted media work
plus it has to be the ONLY purpose of a device the device has other purposes besides just loading .xci's

 

[silien3]

Was a little hard to follow because of the translation but it seems like you are talking about violating Nintendo's TOS which is not the same thing.

yes sorry I must use what I have to understand and make myself understood
but what i said is a generic thing which is not to be seen by all but is well in the charter and law it is illegal to use a product or software other than why it has been created here launch atmosphere unless nintendo says yes you have the right to use atmosphere by example unless nintendo authorizes allows it's still illegal otherwise

 

[Nomi20]

but DMCA even allows you to make one backup of copyright media work
plus it has to the ONLY purpose of a device the device has other purposes besides just loading .xci's

I agree but I can see the primary focus is loading .xci files.

 

[oji]

So the next target should be the author of signature patches for Atmo.

 

[TrumpsBallz]

Good riddance to them and everything toxic they brought to the scene.

Ya, they made a lot more consoles available to a wider audience for homebrew. Screw them for opening up this exclusive club!

 

[Haymose]

it is illegal to use a product or software other than why it has been created

That statement is incorrect, at least in the US where they are being charged in court.

 

[diggeloid]

Sheeeit. Imagine if the executives of a corporation were sent to prison for copyright infringement, instead of just being sued. Anyone know what the criteria is for prison time vs a lawsuit? Fuck these Xecuter guys, but I can tell that the punishment is probably not going to fit the crime here.

 

[TrumpsBallz]

So the next target should be the author of signature patches for Atmo.

Ah yes, Russia, the place where you fall in line with the government/Putin or get poisoned.

 

[gnmmarechal]

Wait what?

 

[Pippin666]

FUCKING GOOD NEWS ! THE END OF THEM !

Pip'

 

[wiitendo84]

If you're using google to lookup the sx website in the usa, it's been omitted from the searches. Yahoo works fine though lol

 

[silien3]

That statement is incorrect, at least in the US where they are being charged in court.

I said that its in the basic law and the charter not that its taken into account or that it is even if some country probably takes into account but its still illegality anyway normally

if we go in which is automatically price in account for atmosphere its especially the sigpatches which will be out

 

[Martinez]

Do you think will be needed DNS blocking TX's servers?
I am concerned about a malicious update from nintendo

 

[Deleted User]

Do you think will be needed DNS blocking TX's servers?
I am concerned about a malicious update from nintendo

This is about money, not Nintendo trying to give you a virus.