Nintendo Sues California Man for Allegedly Rigging Consoles and Pirating Games

Nintendo says the defendant is also instructing players on how to use the illegal components "in a manner least likely to be caught or arouse suspicion."

[Critic4l_Strik3]

Hey Nintendo, how about you put the same efforts in fixing Smash's online and the Online service overall?

[Nintendew]

Was a update for smash today on fixing online.

If these assholes would stop stealing then maybe Nintendo would have time to do what's needed besides defending itself constantly?

[ratedviper]

Rigging your own console is hardly stealing in my view

[Shikoku]

It's not stealing to modify a product you purchased. Them reselling the modded stuff is the problem.

[Nintendew]

@ratedviper
What you do with your stuff is your business.
Stealing and ReSelling is the issue.

@Shikoku
Read up!

[spicelicka]

"If these assholes would stop stealing then maybe Nintendo would have time to do what's needed besides defending itself constantly?"

Lmao poor Nintendo always getting bullied, has to spend 3 hours out of his 8 hour work shift to defend itself.

[StormSnooper]

Well, Nintendew has a point. You guys already proposed that N should put its efforts toward fixing online rather than toward stopping pirates, as if the two issues are related and N can’t be doing both. So why are you upset when Nintendew says N can fix the problem with online as soon as these pirates stop stealing its property? it’s only fair that he responds as if what was proposed is true.

What I’m saying is that I’m sure N is working on the online issue. Just because they are going after pirating of its property doesn’t mean they don’t know about online issues.

[Cobra951]

Lawyers don't write software, and developers don't litigate. One task isn't affected by the other.

This guy isn't the only defendant. He's the only one known by name, so far.

[EddieNX]

The game is brand new did you expect no teething issues ? They've just released a huge update today.

Now, back to the issue at hand, this guy deserves what he gets.

[ratedviper]

People should do what they want its their console

[pietro1212]

ratedviper modding your console is one thing, but pirating games isn't right.

[EddieNX]

No they should pay for their content like the rest of us.

You can't steal cars, rob banks, you cant steal games either. Screw him.

[SegaSaturn669]

Cuz there's only like 5 iterations of the game to fine tune the mechanical performance

[Nintendew]

Wish more developers/companies would take legal action more against this shit.

Soon what's the point of making games if pirates steal them the next day?, or magically getting there hands on the game weeks/days before release date?
( not mod related but same problem )

1 asshole is all it takes people, just 1.

[Critic4l_Strik3]

Seeing how previously released Smash Brothers held up compared to this one, and the fact that me and other millions are now paying for the online service, yes, I would expect something better than this.

[StormSnooper]

I don’t get it (maybe because I didn’t read the article) but why are people taking the side of the pirate? If he is helping others steal games then Nintendo has every right to stop him. I don’t want him to get games for free at my expense.

As to people saying “it’s his property, he should be able to do what he wants with it” that’s true but only if what he wants to do isn’t to enable stealing things that aren’t his property.

[The 10th Rider]

@Critic4l_Strik3,

I dunno, in my experience the previous one had absolutely awful online and I've been having few issues with this one. That's not to say it's perfect, but clearly any one person's experience isn't necessarily representative of the quality compared to the last one.

[TekoIie]

The legal division can't really do much about online infrastructure soooo....

[wonderfulmonkeyman]

Translation:
"Deflection force, assemble!"
I mean, not that I disagree with you, because it does have room for improvement, but it's getting updates and improvements even as we speak, so get back on topic.

[rainslacker]

Somehow I think their legal department isn't responsible for fixing the games. Plus, lawyers do all the work, so not much effort on Nintendo's part.

[ChickeyCantor]

different departments

[Shikoku]

Just Nintendo being Nintendo nothing to see here

[wonderfulmonkeyman]

Just pirates being brought down like the pirates they are.
No need to downplay, here.

[PlayableGamez-]

Soulja Boy next.

[Protagonist]

BS.. Soulja Boy is neither Rigging Consoles nor Pirating Games he is just merely lending his name to a manifacture of consoles emulating games.

[wonderfulmonkeyman]

BS.
The consoles contain illegal roms of games from various companies, and it's so-boy selling them.
He's facing a minimum of ten years in prison, just on charges from Nintendo games alone, if Nintendo pushes the case into court.

[kevnb]

the components arent illegal though, only piracy is (depending where you live). I can hack the shit out of any device I own and nobody can stop me. Same goes for those warranty stickers, complete bullshit that wont hold up in court.

[pietro1212]

What about selling the modded product?

[kevnb]

Nothing wrong with that, as long as there isnt any stolen content on the devices.

[rainslacker]

Courts in the US actually do consider it illegal. Sony got a judgement saying so. Buying them.is not illegal. But despite popular belief, it is illegal to mod a console. Courts also sided with Sony as mods were primarily considered to be used for piracy. Unlike phones where it is legal to circumvent this stuff on a phone you own. However in the later ruling it wasn't for a.case which can be set into precedent, so that would have to be tested in a different case.

People.seem to believe they understand all the laws surrounding this stuff, but most don't. I used to install mod chips a long time ago with the ps1/2, and found it really surprising how little people.know, or how much they think they know but are wrong. It's about akin to a drug user telling you what your rights are if you should get pulled over. If you tried half the stuff they say you can do, you'd probably find yourself in jail even quicker.

[kevnb]

I’ve seen Sony sue people for modding, but never actually winning a case. I could be wrong, but I doubt it. Keep in mind Sony doesn’t even have to win these sorts of cases, it costs a lot to defend yourself well from a big company like Sony and most modders will just settle or back down. There is a lot of false information out there, but who has actually been jailed for modding a console? I’ve seen people get fined for piracy, but not just modding.

[rainslacker]

There was a case, which I have to find to reference it. but in it, Sony sued some college students who were modding their system. The case itself wasn't a lawsuit, but rather seeking an injuction, and in it, the court(judge) decided that since modding was primarily for the purposes of piracy, that it wasn't legal for someone to do.

It's a case that didn't set precedent. That wouldn't happen until it actually went to court, and it was judged by a jury. That could either be civil or criminal, however, a criminal case would have to come from the distribution, as the whole matter is murky due to it being legal....according to the courts at least...for people to modify devices they own. This was judged in reference to mobile devices...in particular an Apple case, which I should also find and link.

My bigger point though was that there is a lot of misinformation that gets spread around about all this. Accepting something is legal, when it's a gray area, and still up for judgement, isn't really accurate until the law is tested. There are different ways to approach the matter of mods for the sake of legal argument, and the one Sony judgement has yet to be tested as far as I know.

The lawsuits Sony lost were older cases, and were about the selling of mod chips, which in itself wasn't illegal. But the installation and distribution of modded consoles is not legal.

I notice I wasn't clear when I said what was legal or illegal in my original comment.

-It is illegal to sell a modded console, as it circumvents copy protection
-It is not illegal to sell the mod chips, as the chips themselves, without the hardware it goes into, are not circumventing anything at that point.
-Buying mod chips is not illegal.
-Modding one's console is illegal....however, the precedent hasn't been set, even though the judgement opens the doors to use it as an argument in court....so I'd say that's still in a gray area.
-Mobile devices, such as phones or tablets, can be modified if the person owns them, for their personal use. This is because that change can often be used for non-piracy purposes, and don't fundamentally change the way copy protection works on those systems, as the copy protection is software based, not hardware based.

That said, an individual isn't likely to be sued for modding their own console, or even playing pirated games. But if they start selling or distributing a modded console or games, then chances are pretty high that'll happen.

[Cobra951]

The DMCA is quite draconian, to the point where it needs constant small exceptions added to keep it practical. Without such an exception, anything you do to circumvent digital copy protections is illegal--anything, including modding a console for this purpose.

[Majin-vegeta]

Well yea the warranty shit just got over ruled earlier this year.

[kevnb]

It’s never held up in court, companies are just often anti consumer.

[rainslacker]

Selling the components can be. This guy did more than just install a mod in his own system.

[Knightofelemia]

So Nintendo will jump on this but yet they still allow that Soulja guy to market a knock off console with their games pirated into the machine.

[wonderfulmonkeyman]

Oh, he'll be next. If not Nintendo, then one of the other game makers who's IP's/characters he's misappropriating for profit. [The guys behind Tekken, for one]

[rainslacker]

That's fairly recent. Been less than a week since that came to light. No doubt something will happen there.

[adamwparker]

Nintendo on SouljaBoy:

https://www.google.com/url?...

[Cobra951]

I can't find any trusted sources for this story, only comments about the MTO story (whoever they may be). So, for now, I'll take it with a pound of salt.

[adamwparker]

Considering his stuff is still selling on his site, this MTO may not be legit after all?

I mean, who is gonna get a cease and desist from Nintendo and then go "Ahhh, no thanks, I don't need to hear that."?

[optimus]

somebody should tell nintendo not to look on ebay cause their lawyers will be busy all year long if they do. 😜

[Traecy]

Soulja & his crew better watch out!!

[MetroidFREAK21]

Lol good

[CaitSith]

California man always up to no good!

[wonderfulmonkeyman]

Him and "Florida man" always seem to be up to something.XD

[ScubaSteve1]

was hoping it was souja boy but when i saw it was someone in California, i was disappointed

[adamwparker]

SouljaBoy, you next!!!

[blank_keys]

Why not offer him a job? Give him an ultimatum: Work for us and we drop the lawsuit.

I have always believed hackers should always be offered a job if they agree to become white hat hackers.

[Tetsujin]

I like that idea; this way he's actually giving back to the company he stole from, as well as providing a service to help prevent other hackers from illegal means. Reminds me of the story(ies) I remember when a thief was caught stealing, and instead of going to jail they were offered a job at the place they stole from. I'm a firm believer of rehabilitation over punishment.

[optimus]

offer him a job? if they do that then they might as well offer the thousands of people that do it jobs...it's really not that hard to do. a simple google or youtube search will show you how. the difference being that most of those people aren't buying and reselling modded consoles (at least not in plain sight). ;p

[DaniMacYo]

Soulja Boy’s. Next 🤣🤣🤣

[XxINFERNUSxX]

Only 800? LOL. I have thousands of NES, SNES, GBA, etc on my Raspberry Pi. All for free. haha So Nintendo or any other company can go choke on my 8=====>