Gary Bowser from Team Xecuter pleads guilty to charges, agrees to pay Nintendo $4.5 million

50HCuI7t_400x400.jpg

Last year saw the arrest of two members of Team Xecuter, the hacking group behind the infamous SX OS. MaxConsole administrator and GBAtemp user GaryOPA was a part of that, and was extradited from Canada to the United States, where he would face charges. While he initially claimed he was innocent, the opposing prosecution did not accept the defense of SX OS merely allowing Nintendo Switch users to play homebrew software, and asserted that the main goal of Team Xecuter's exploit was to play pirated copies of games.

Faced with 11 felony counts, Bowser has just pleaded guilty to two of them: trafficking in circumvention devices and conspiracy to circumvent technological measures. According to the court, Team Xecuter has caused an estimated number between $65 million to $150 million in losses to video game companies.

This means that Bowser will not have to go to trial, with the plea deal also waiving the other 9 criminal charges. Despite that, he still may face prison time, and as part of the deal, has agreed to pay Nintendo for restitution, to the tune of $4.5 million. Bowser will also have to consent to the destruction or give up the technology seized from his home during his arrest, which includes around 30TB of hard drives, micro SDs, and flash drives, along with laptops, phones, modchips, and hacked game consoles.

:arrow: Source
 

RedBlueGreen

Well-Known Member
Member
Joined
Aug 10, 2015
Messages
2,026
Trophies
1
XP
2,538
Country
Canada
Why would he buy a place that's crowded by mentally ill individuals?

Also don't get all the hate. TX were the first to bring mods and piracy to the Switch, and the only ones to release a working modchip. People should be thankful.
Because software pirates are a lot like the free software crowd. They want everything to be gratis instead of libre not realizing that it's money that largely makes development of this stuff possible. So when someone charges for something that should be "free" they throw a tantrum. Not the best analogy since charging for open source software is legal with just about every notable license, but it's the best approximation I can give.
Riiiiight... What a range this is...
That's what happens when you use completely bogus "lost sales" to try to tell people how bad piracy is. For argument's sake, let's say 100,0000 people downloaded 10 games. They'd be using $60/game despite the fact that either the people weren't going to buy them at the full price in the first place, or by the time they've pirated them most games have dropped quite a bit in price. So more like $30 million if that, assuming they are actually losing significant sales from piracy, which they're not.
 

PowerBall253

Well-Known Member
Member
Joined
Dec 17, 2017
Messages
182
Trophies
0
Age
33
XP
263
Country
United States
Because software pirates are a lot like the free software crowd. They want everything to be gratis instead of libre not realizing that it's money that largely makes development of this stuff possible. So when someone charges for something that should be "free" they throw a tantrum. Not the best analogy since charging for open source software is legal with just about every notable license, but it's the best approximation I can give.
Isn't the free software crowd purely about making software "libre"?
 

RedBlueGreen

Well-Known Member
Member
Joined
Aug 10, 2015
Messages
2,026
Trophies
1
XP
2,538
Country
Canada
Isn't the free software crowd purely about making software "libre"?
Yes and no. Developers are, but a ton of users hate when you have to pay or donate for a ready to use build, pay for support, or a premium build. You see this a lot on Reddit when other software or hardware using open source software as a base is being used for commercial purposes especially.
Oh, that makes sense. I am a developer and pro free software and for a second I thought I was part of the wrong group, lol
Knowledgable users are about it being libre as well, but there are a ton of people who don't actually get what the Creative Commons, GPLv3, and MIT licenses are and think free and open source means gratis only with no professional application.
 
Last edited by RedBlueGreen,

PowerBall253

Well-Known Member
Member
Joined
Dec 17, 2017
Messages
182
Trophies
0
Age
33
XP
263
Country
United States
Yes and no. Developers are, but a ton of users hate when you have to pay or donate for a ready to use build, pay for support, or a premium build.
Oh, that makes sense. I am a developer and pro free software and for a second I thought I was part of the wrong group, lol
 

CoolMe

"Who am i, what am i?"
Member
Joined
Apr 16, 2019
Messages
7,522
Trophies
1
Age
29
XP
33,472
Country
United States
multiple cases atleast where i live people decided to pay instead of jail time
I don't know if you're talking about the US justice system or not.. but since this is happening/ he's being sued on US soil, he has to pay the agreed amount either with money or with his assets. If he doesn't meet the agreed amount, he has to pay it with jail time and the amount of time (he should spend in jail) is decided by the jury/court.
the court cant just say if you dont have money you go to jail, if there is an option you pay for the rest of your life.
That's not how it works, at least not here in the US, you can't just "bail" out of jail, because state laws were broken. Even if Nintendo withdraws he still could face jail time, as stated in the article "Faced with 11 felony counts, Bowser has just pleaded guilty to two of them: trafficking in circumvention devices and conspiracy to circumvent technological measures."
Now i'm not talking about some millionaire, that would hire expensive lawyers to find/exploit loop holes, and even then it depends, but that's a separate (irrelevant) matter altogether..
 

Detroitguy22

Well-Known Member
Member
Joined
May 6, 2020
Messages
118
Trophies
0
Age
37
XP
225
Country
United States
It's all cancel culture. Social or software. Jumping on the bandwagon and canceling someone or something because its the thing to do. SXOS didn't steal YOUR code. How is it not the exact same thing?

Software Justice Wankers.
Lmao here he is, raging about dead cfw again, you were doing so well
 

pustal

Yeah! This is happenin'!
Member
Joined
Jul 19, 2011
Messages
1,560
Trophies
2
Location
Emerald Coast
Website
web.archive.org
XP
6,225
Country
Portugal
A crime is a crime. SX OS never really shied away from being blatantly able to use "backups", and most of the homebrew was specifically for backups.

Being able to use backups is not a crime, if people use it for copyright violation then the fault is on them. This is a very bad precedent for the community, as much as I dislike the guy.

The irony in all of this however is that at least back in the day of Gateway he was accused by scene devs of stealing code for profit. He's paying for what he shouldn't rather for what he should.

Doesn't Atmosphere contain code indirectly stolen from Nintendo?

How do you indirectly steal code and what would Atmosphere have?
 

TheZander

1337
Member
Joined
Feb 1, 2008
Messages
2,136
Trophies
2
Location
Level 7
XP
3,860
Country
United States
Face it you Nintendo simps are genuinely mentally ill and should go back to ResetEra. Nintendo targets children on purpoose, so that you develop a cult like mentality about being a Nintendo fan.
As "adults" you weirdos don't think, you let big N do the thinking for you. All because you played a bunch of overrated side scrollers in your youth and didn't know what a good videogame is.

It "makes sense" for someone investing his whole life into a brand to seethe when your product can be remplaced and be done better by another.
That's a ridiculous thing to suggest I face. Also Im running into trouble trying to suss out your position. How familiar with everything are you? I mean if you just got into the scene when you became aware of the sxos and you have loyalty to the team whatever.


Nintendo is the greatest company ever. The SXOS was only successful because of Nintendo.
 

raxadian

Well-Known Member
Member
Joined
Nov 10, 2018
Messages
4,380
Trophies
1
Age
41
XP
4,586
Country
Argentina
Are we okay with this? Am I supposed to hate this guy, or think he is a Martyr? I'm so confused.

He made money out of hacking and moding the Nintendo Switch. He also made the mistake of selling the mod chip.

I do not think he is Hero, same reason anyone selling pirated copies of games is not a Hero.
 
  • Like
Reactions: Ottoclav

tabzer

This place is a meme.
Member
Joined
Feb 15, 2019
Messages
5,844
Trophies
1
Age
39
XP
4,911
Country
Japan
Well Nintendo are devs as well so I guess?
Nintendo has devs. I don't know how it translates to bonuses and pay raises. Also thinking about the third party titles that helped drive the profit Nintendo is reaping from the lawsuit.
 

raxadian

Well-Known Member
Member
Joined
Nov 10, 2018
Messages
4,380
Trophies
1
Age
41
XP
4,586
Country
Argentina
I don't know much about Team Xecuter or this Bowser guy, but taking down anything homebrew-related in such brutal fashion doesn't bode well for GBAtemp, the homebrew scene in general or even the emulation scene.

The two PC emulators for the Switch are doing great. So don't worry Switch emulation will keep happening and get better, there is also clone chips you can get from China and eventually someone will jailbreak the Switch firmware. They have done so for the PS4 more that once after all.
 

mikefor20

Well-Known Member
Member
Joined
Jan 12, 2009
Messages
1,920
Trophies
2
Location
Mushroom Kingdom ( o Y o )
XP
3,802
Country
United States
Lmao here he is, raging about dead cfw again, you were doing so well

It's not about a CFW. don't care what you think. You're an ingreat troll sheep. I don't want your approval. Your intrarectalcrainialitis is acting up again. You "people" are the worst. Hypocritical baby brained bandwagon riding child.
 

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
  • BakerMan @ BakerMan:
    i said i was sleeping...
  • BakerMan @ BakerMan:
    sleeping with uremum
  • K3Nv2 @ K3Nv2:
    Even my mum slept on that uremum
  • TwoSpikedHands @ TwoSpikedHands:
    yall im torn... ive been hacking away at tales of phantasia GBA (the USA version) and have so many documents of reverse engineering i've done
  • TwoSpikedHands @ TwoSpikedHands:
    I just found out that the EU version is better in literally every way, better sound quality, better lighting, and there's even a patch someone made to make the text look nicer
  • TwoSpikedHands @ TwoSpikedHands:
    Do I restart now using what i've learned on the EU version since it's a better overall experience? or do I continue with the US version since that is what ive been using, and if someone decides to play my hack, it would most likely be that version?
  • Sicklyboy @ Sicklyboy:
    @TwoSpikedHands, I'll preface this with the fact that I know nothing about the game, but, I think it depends on what your goals are. Are you trying to make a definitive version of the game? You may want to refocus your efforts on the EU version then. Or, are you trying to make a better US version? In which case, the only way to make a better US version is to keep on plugging away at that one ;)
  • Sicklyboy @ Sicklyboy:
    I'm not familiar with the technicalities of the differences between the two versions, but I'm wondering if at least some of those differences are things that you could port over to the US version in your patch without having to include copyrighted assets from the EU version
  • TwoSpikedHands @ TwoSpikedHands:
    @Sicklyboy I am wanting to fully change the game and bend it to my will lol. I would like to eventually have the ability to add more characters, enemies, even have a completely different story if i wanted. I already have the ability to change the tilemaps in the US version, so I can basically make my own map and warp to it in game - so I'm pretty far into it!
  • TwoSpikedHands @ TwoSpikedHands:
    I really would like to make a hack that I would enjoy playing, and maybe other people would too. swapping to the EU version would also mean my US friends could not legally play it
  • TwoSpikedHands @ TwoSpikedHands:
    I am definitely considering porting over some of the EU features without using the actual ROM itself, tbh that would probably be the best way to go about it... but i'm sad that the voice acting is so.... not good on the US version. May not be a way around that though
  • TwoSpikedHands @ TwoSpikedHands:
    I appreciate the insight!
  • The Real Jdbye @ The Real Jdbye:
    @TwoSpikedHands just switch, all the knowledge you learned still applies and most of the code and assets should be the same anyway
  • The Real Jdbye @ The Real Jdbye:
    and realistically they wouldn't

    be able to play it legally anyway since they need a ROM and they probably don't have the means to dump it themselves
  • The Real Jdbye @ The Real Jdbye:
    why the shit does the shitbox randomly insert newlines in my messages
  • Veho @ Veho:
    It does that when I edit a post.
  • Veho @ Veho:
    It inserts a newline in a random spot.
  • The Real Jdbye @ The Real Jdbye:
    never had that i don't think
  • Karma177 @ Karma177:
    do y'all think having an sd card that has a write speed of 700kb/s is a bad idea?
    trying to restore emunand rn but it's taking ages... (also when I finished the first time hekate decided to delete all my fucking files :wacko:)
  • The Real Jdbye @ The Real Jdbye:
    @Karma177 that sd card is 100% faulty so yes, its a bad idea
  • The Real Jdbye @ The Real Jdbye:
    even the slowest non-sdhc sd cards are a few MB/s
  • Karma177 @ Karma177:
    @The Real Jdbye it hasn't given me any error trying to write things on it so I don't really think it's faulty (pasted 40/50gb+ folders and no write errors)
  • DinohScene @ DinohScene:
    run h2testw on it
  • DinohScene @ DinohScene:
    when SD cards/microSD write speeds drop below a meg a sec, they're usually on the verge of dying
    DinohScene @ DinohScene: when SD cards/microSD write speeds drop below a meg a sec, they're usually on the verge of dying