Nintendo of America and its president, Bowser, are suing a hacker called Bowser

midian182

Posts: 6,926   +62
Staff member
WTF?! The fact that Nintendo of America's president has the same name as one of the company's famous characters—Bowser—is an amusing coincidence, but this is bordering on eerie: the company is now suing a hacker called, you guessed it, Bowser.

As reported by Polygon, a court filing shows that Nintendo of America has launched a lawsuit against Gary Bowser, the alleged leader of hacking group Xecuter, over two trafficking counts and one copyright violation.

Nintendo claims that Bowser runs an "international pirate ring" that sells an unauthorized operating system called the 'SX OS,' and accompanying piracy tools that install it. The devices circumvent Nintendo's security measures so users can download pirated games, transfer them to a memory card, then play them on the Switch using SX OS. It also allows the pirated games to be copied, which can then be shared with others.

The suit adds that Bowser has been creating and selling Nintendo hacking devices since at least 2013 and has sold them for the DS, 3DS, and the Nintendo Wii. He was arrested along with Max Louarn, another alleged member of Xecuter, last October and charged with 11 felony counts.

Nintendo, which has requested a trial by jury, wants Bowser's operations shut down and is seeking damages; $2,500 for each trafficked device and $150,000 for each copyright violation. The company has called piracy a "serious, worsening international problem," and that Bowser's (not the Koopa's) actions "continue to put more than 79 million Nintendo Switch and Nintendo Switch Lite consoles at risk from piracy."

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Reehahs

Posts: 1,222   +862
When you make access difficult to your games in the digital age, you sow the seeds of piracy.
 

mbrowne5061

Posts: 1,873   +1,095
Not sure what difficult means in this situation since I don't own a nintendo console. Did you have problems buying games from them?
I think the point is 'convenience trumps piracy'. When Netflix was 'it' for streaming, and they had everything (making it convenient), piracy rates plummeted. As soon as everyone else tried to get in on the game, and fragmented the market (making it inconvenient), piracy began to rise again.

Same is true for video games. With the Xbox Games Pass now a thing, I would bet that if you compared piracy rates between all three consoles, Xbox's would be the lowest by far, and the drop-off would correlate to adoption rates of the Games Pass. Imo, every console should follow suit - especially Nintendo and their more 'exclusive' catalog of IP. Still continue to offer games as one-offs, but offer a subscription that gives you access to nearly the entire library. At that point, the only people left pirating will the hardcore ones who do it because they don't believe in capitalism, will never have the money for games, or something. All the people who wanted to 'try before buy', or were not expecting to do any repeat play-thrus, will likely just utilize their subscription to play the game.
 

GLeader

Posts: 11   +19
So basicly if you can't buy the game full price, but yet you dont pirate it (or even if you do). and get it when its like 30$ or 20$. then you are bad ?

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Reehahs

Posts: 1,222   +862
Not sure what difficult means in this situation since I don't own a nintendo console. Did you have problems buying games from them?
I think the point is 'convenience trumps piracy'. When Netflix was 'it' for streaming, and they had everything (making it convenient), piracy rates plummeted. As soon as everyone else tried to get in on the game, and fragmented the market (making it inconvenient), piracy began to rise again.

Same is true for video games. With the Xbox Games Pass now a thing, I would bet that if you compared piracy rates between all three consoles, Xbox's would be the lowest by far, and the drop-off would correlate to adoption rates of the Games Pass. Imo, every console should follow suit - especially Nintendo and their more 'exclusive' catalog of IP. Still continue to offer games as one-offs, but offer a subscription that gives you access to nearly the entire library. At that point, the only people left pirating will the hardcore ones who do it because they don't believe in capitalism, will never have the money for games, or something. All the people who wanted to 'try before buy', or were not expecting to do any repeat play-thrus, will likely just utilize their subscription to play the game.
'nbrowne5061' summaries the point quite well. The issues with Nintendo have been things like:
  1. - limited availability of the games, production is for a set period
  2. - not being able to transfer the digital library of classic, instead having to purchase them again and again
  3. - keeping the prices high through limited availability
  4. - being heavy handed with DMCA on fans, see YouTube stories of fan channels getting hit for posting gameplay videos
  5. - handling of warranty issues, see JoyCon drift debacle

There is no reason except greed for Nintendo's practises.
 

Puiu

Posts: 4,703   +3,559
TechSpot Elite
'nbrowne5061' summaries the point quite well. The issues with Nintendo have been things like:
  1. - limited availability of the games, production is for a set period
  2. - not being able to transfer the digital library of classic, instead having to purchase them again and again
  3. - keeping the prices high through limited availability
  4. - being heavy handed with DMCA on fans, see YouTube stories of fan channels getting hit for posting gameplay videos
  5. - handling of warranty issues, see JoyCon drift debacle

There is no reason except greed for Nintendo's practises.
Beyond the crappy Nintendo practices, just buy digital. "crappy availability" doesn't exist online since it is just a download (unless the store was closed like with the older Wii).
 

Reehahs

Posts: 1,222   +862
Beyond the crappy Nintendo practices, just buy digital. "crappy availability" doesn't exist online since it is just a download (unless the store was closed like with the older Wii).
Going digital does not really solve the problem of crappy practises. Digital purchases are often locked to the console so you lose your library with a dead console (may this changed with Switch). Another issue is digital pricing, would you pay full price for 3 year old game? How many digital games can the Nintendo console store without resorting to external storage, which may not be available.

Earlier Nintendo consoles promoted offline multiplayer that wasn't tied to your console/household. I could just grab the cartridge/disc with my controller to play over friends' places. Try doing that with digital, without having to lug the console around (though it is easier with the Switch). The last point is applicable to all digital purchases that resort to requiring a net connection.
 

Puiu

Posts: 4,703   +3,559
TechSpot Elite
Going digital does not really solve the problem of crappy practises. Digital purchases are often locked to the console so you lose your library with a dead console (may this changed with Switch). Another issue is digital pricing, would you pay full price for 3 year old game? How many digital games can the Nintendo console store without resorting to external storage, which may not be available.

Earlier Nintendo consoles promoted offline multiplayer that wasn't tied to your console/household. I could just grab the cartridge/disc with my controller to play over friends' places. Try doing that with digital, without having to lug the console around (though it is easier with the Switch). The last point is applicable to all digital purchases that resort to requiring a net connection.
It's still something that has nothing to do with the topic at hand. You may not like the practices, but that doesn't mean that "availability" should be put in the same bucket.

I don't care that you want discs now when everything is digital. Not every brick and mortar store will put the games you want as these mostly sit on shelves for a very long time. And you can just use your account on your friend's console, you don't have to carry the console with you to play your games.

tl;dr Availability is not the right excuse anymore. It's that people don't want to pay.

FYI: as an example, I hate Epic and what they are trying to do with third party exclusive titles, but you don't see me pirating those titles or even installing the epic launcher to get the "free" games. I just avoid dealing with that store.
 

mbrowne5061

Posts: 1,873   +1,095
Beyond the crappy Nintendo practices, just buy digital. "crappy availability" doesn't exist online since it is just a download (unless the store was closed like with the older Wii).
That is still a lease at the end of the day. A lease with a fixed price and indefinite term, maybe, but still a lease. Which, sure, fine, if that is how you want to run your company, then lease your software out. But, if the lease terms are predatory (and they are), and the item for lease is easy to steal, don't be surprised when it gets stolen instead.

If you're dead-set on operating on in a leasing arrangement, then you need to do two things:
1) make the item for lease harder to steal
2) make it attractive to spend money on
You can steal one game, even with strict DRM (DRMs are locks, and locks are only used to keep the honest people honest). But good luck stealing an entire library of games. This is why Xbox Game Pass has been so successful. Its the whole library (for the most part). Its not only hard to steal, but its pretty attractive of an offer to pay a subscription for total access to it. Harder to steal, more attractive to buy. Easy. Nintendo and Sony should follow suit.
 

Reehahs

Posts: 1,222   +862
It's still something that has nothing to do with the topic at hand. You may not like the practices, but that doesn't mean that "availability" should be put in the same bucket.

I don't care that you want discs now when everything is digital. Not every brick and mortar store will put the games you want as these mostly sit on shelves for a very long time. And you can just use your account on your friend's console, you don't have to carry the console with you to play your games.

tl;dr Availability is not the right excuse anymore. It's that people don't want to pay.

FYI: as an example, I hate Epic and what they are trying to do with third party exclusive titles, but you don't see me pirating those titles or even installing the epic launcher to get the "free" games. I just avoid dealing with that store.
Let's just talk about availability. Good luck getting the time-limited games such as Mario 35th anniversary games. (https://www.nintendolife.com/news/2...do_made_marios_anniversary_games_limited-time)

Time exclusives become available, not disappear. You would be pretty annoyed if 3rd part exclusives on Epic store start doing that for the PC platform.

People don't want to pay for leases (digital purchases), they want to pay for a license (physical copy) that they have control over. Your lease is subject to operation of the store and the whims of the company.

Pretty good things pointed out by 'mbrowne5061'.
 

Puiu

Posts: 4,703   +3,559
TechSpot Elite
Let's just talk about availability. Good luck getting the time-limited games such as Mario 35th anniversary games. (https://www.nintendolife.com/news/2...do_made_marios_anniversary_games_limited-time)

Time exclusives become available, not disappear. You would be pretty annoyed if 3rd part exclusives on Epic store start doing that for the PC platform.

People don't want to pay for leases (digital purchases), they want to pay for a license (physical copy) that they have control over. Your lease is subject to operation of the store and the whims of the company.

Pretty good things pointed out by 'mbrowne5061'.
Come on dude, don't use one or two examples of what are intentionally made to not have availability.

We are talking here about a store that is not yet closed on a modern console. Completely different from something like a gamecube or playstation 1 where you can't avoid using pirated games. That's what people are trying to pirate and it 100% has absolutely nothing to do with "availability" or "leasing" games (these are just excuses that have zero standing in this situation).
 

Reehahs

Posts: 1,222   +862
Come on dude, don't use one or two examples of what are intentionally made to not have availability.

We are talking here about a store that is not yet closed on a modern console. Completely different from something like a gamecube or playstation 1 where you can't avoid using pirated games. That's what people are trying to pirate and it 100% has absolutely nothing to do with "availability" or "leasing" games (these are just excuses that have zero standing in this situation).
The only relevant thing that's left to say is the pricing on these digital stores. With the exception of Steam/GOG/Humble Bundle, the pricing remains high for years despite the physical copies being available for lot less. No one wants to pay full/almost full price for games that are over a few year's old. It feels as bad as scalper pricing, yeah it's available but you got to pay the MSRP.