Nintendo issues cease-and-desist for Switch modchip installation service

[DbGt]

Logistics Consulting LLC, which offered a “Nintendo Switch SX CORE SX LITE Mod Chip Service” on its website, has been sent a cease and desist letter from Nintendo lawyers. The company offered a installation service only but Nintendo lawyers argue that this violates the anti-circumvention and anti-trafficking clauses of the Digital Millennium Copyright Act.

In a cease-and-desist letter sent on Nintendo's behalf, dated June 12 and obtained by Ars Technica, Jenner & Block lawyer Alison Stein argues that Logistics' installation service violates the anti-circumvention and anti-trafficking clauses of the Digital Millennium Copyright Act.

"Through the mod service you are offering, you literally break open a customer's Nintendo Switch, and then solder the SX Core and SX Lite into the console," Stein writes. "By offering to the public an installation service for the modchips, you are offering a service that is primarily designed to circumvent Nintendo's measures and thus violating the DMCA."

"You are aware that my client has brought a lawsuit against certain resellers of these modchips and aware that certain resellers have canceled orders for the modchips and refunded their customers, and yet you are continuing to provide a service to install those very same modchips in Nintendo Switch consoles," the letter continues. "Nintendo will not tolerate such baldly unlawful conduct."

Asked for comment, Jenner & Block directed Ars Technica back to Nintendo:

"Nintendo consistently protects the creative works of game developers and publishers who expend significant time and effort to create fun experiences. Nintendo is passionate about protecting those creative ideas and will vigorously enforce its intellectual property rights to allow the continued delivery of unique and original entertainment experiences to our consumers.”

Van Rheen from Logistics Consulting also commented on the situation while speaking with the site:

“[The lawyer] wouldn’t get into what law I broke, she kept referring back to the letter. I said, ‘I read the letter, I see your point, but how is this breaking the law?’ [They said,] ‘You’re circumventing the copyright,’ and I’m like, ‘All I’m doing is putting the solder on, how is that breaking the copyright?'”

“My argument for this device’s existence is that it lets you export your saved games, whereas the regular Nintendo Switch does not. You have to subscribe to Nintendo’s service [for cloud saves] or you’re done. Being able to obtain your personal data off the device, I think it’s [an exception] that’s nullified [in the DMCA]. I’m not a lawyer, I’m just following logic-based arguments.”

“It’s not like the thing comes with all the games on it. You have to load the games on an SD card. It’s not like I’m selling them a pre-loaded SD card with all the Nintendo Switch games on it. That’s over that line. This just has the capability to play pirated games. You could buy a knife—it has the capability to kill someone, or you could just use it to chop up onions.”

Source and full story: https://arstechnica.com/gaming/2020...sist-for-switch-modchip-installation-service/

 

[Bladexdsl]

they can argue all the want nintendo won't listen they say it's breaking the law than it must be true because everything they say is true...

nintendo you are a pathetic excuse of a company now and no where as godly as you were 20 years ago. in fact your almost as bad as APPLE now! keep going you'll get there you'll top them soon!!

 

[iKu]

How can they prevent you from doing what you want with the piece of hardware you bought?