According to the documents, these products let users bypass measures designed to prevent the “unauthorized access and copying” of Nintendo games. In doing so, they can then download an unauthorized operating system and play pirated games.
This isn’t the first time Nintendo has honed its attention on unauthorized sellers. Back in 2019 it sued subscription-based games download service RomUniverse for “illegally” offering Nintendo games on its platform. In the past we’ve also seen the company crack down on indie creators and leisure services, as well as straight-up copycats.
As Polygon reports, this latest case sees Nintendo seeking $2,500 for every trafficking violation enabled by the defendants, plus a permanent injunction against these type of website. That could add up to a very hefty fine, and once again send a message to other and would-be pirates that Nintendo isn’t messing around when it comes to protecting its intellectual property.
Team Xecuter has been trafficking in devices that circumvent protections on the Nintendo Switch since May 2018, when they released the “SX Pro,” a small piece of hardware(or “dongle”) that can be inserted into the Nintendo Switch. Once the dongle is inserted into the Nintendo Switch console, the console can operate SX OS (which the user inserts with a separate memory card), thereby allowing users to circumvent the Nintendo Switch’s Technological Measures, and copy, share, distribute, and use pirated games.
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