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Utterly insane
(lemmy.world)
Idk about always But my rule of thumb is If they don't sell the games anymore Then pirate away
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"This is what you get for having the name Bowser without our express written consent."
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I hope Garry becomes a monk that makes no wage. At that point there's literally no point in continuing waged work
He was interviewed/was the topic of a Darknet Dairies Podcast. It's his side of the story as well as some of the facts around the case. Don't know how accurate it is, but it is interesting all the same.
Episode 136
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wat
He was part of a team that created devices allowing people to play what they wanted on switch, 3DS and some other consoles. He was convicted of fraud and imprisoned for two years before being released. He still has to pay off a fine of 10 million dollars so Nintendo is garnishing his wages for the rest of his life. ~~Which pisses me off because he's on Disability in Canada which is barely enough to live on (trust me...) and also taxpayer funds.~~ Not to mention that there is no way in fucking hell that his part in all of this adds up to $10 million dollars in lost revenue for Nintendo which is exactly why that fine was applied.
Edit: Apparently disability can't be garnished. Was a slight fuck up on my end. I had misremembered something and misread something which led to that. Nonetheless, situation still massively fucked for applying a $10 million (well, 14.5 million but 10 million of that is for Nintendo) fine for a dude who made $320,000 off of the hacks. However if he did make any money outside of Disability, they would immediately be entitled to 30% of it. Fucking insane.
I get that they have to protect their IP, but $14m is insane. Feels like the judge threw the book, switch, 3DS and every other console they could find at him. Does he have no right of appeal against the sentence?
When Bowser was first sentenced, Nintendo's lawyer Ajay Singh said in a court transcript (via Axios) that the company wanted to "send a message" to other Switch hackers.
Correct me if I'm wrong, but I thought sentencing was supposed to reflect the severity of the crime and make fair restitution? It sounds as if this sentence / restitution was massively inflated to create a deterrant, to benefit a private business. Huge fail from Nintendo imo that only makes me want to never buy one of their games or consoles again.
It was put through the American Legal system. There is absolutely zero reason to believe that the justice system of America actually contains any justice in the first place. Of course they sided with the international corporation to fuck over a disabled 50 year old.
The American legal system has always been there to protect the capitalist class.
whatever do you mean? are you suggesting that there are decades of evidence that the us justice system is a bad joke played on the minorities and/or disenfranchised, and then only functions to line/protect the pockets of the upper class and ultra-wealthy? preposterous!
I wish we had lemmy gold... Well this is as good as I got. Lemmy Silver.
Of course a silver figurine of Saint Lemmy exists because why not.
We need a silver can of beans to give people
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Correct me if I’m wrong, but I thought sentencing was supposed to reflect the severity of the crime and make fair restitution? I
These look like punitive damages designed to dissuade others from repeating what he did.
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That situation is fucked and I'm definitely siding with Gary. He deserves so much better. Fuck Sintendo
Here is a Darknet Diaries episode about it where Garry Bowser talks about that and his history of modding devices and Team Executer
Pretty interesting if you have an hour and a half to kill.
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Not saying that the punishment is proportional, but this guy isn't exactly a hero.
Team Executor stole open source code from the Atmosphere project and then sold it as SXOS with added DRM that could permanently brick systems.
Yeah but not "30% of his income for the rest of his life" evil, even more so since I think he wasn't even a dev on the project but just a web master for their site.
For the rest of his life?? How the fuck would this even be enforceable?
Don’t discount the impact of living in a capitalist nightmare
Emudeck my beloved. Fuck this company.
If he started a GoFundMe id donate a few dollars
If I wasn't broke as fuck that is.
This makes a lot of Bowsers related to Nintendo !
I see nothing wrong with this but I have less than zero sympathy for anyone that profits off of piracy.
I would agree in the case of reselling pirated content, as a core piracy principle is that data itself has no value and can be given away for free. Once you start selling it, you're just a thief.
But he was part of a modchip team selling physical hardware. They manufactured a real product that was not itself pirated, and users had the choice to use the devices for homebrew or even to not install them at all.
This case is literally like blaming a gun manufacturer for murder.
data itself has no value
Programming: the art of creating worthless things and still getting paid for it.
Well, no cost to replicate, anyways. I'm a strong believer that if you get value from something you should pay for it, but in my youth I did pirate a lot of games and media because I didn't have the disposable income for it. No sales were lost.
I still do pirate games I own. My daughter pretty much has exclusive use of my Switch now so I play my Switch games on PC. Honestly I will buy games and then never play the official copy, and download the ROMs to run at 1440/120FPS on PC.
Ironic that Xecuter got busted for Switch modchips when emulators now do a better job than the Switch itself.
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"Better protect the sweet, innocent (totally never misused the court system before) multi-billion dollar corporations. ESPECIALLY NINTENDO"
Hot take
I pirate the absolute shit out of Nintendo games and everything else. My issue isn't with the piracy, it's with people profiting off of piracy. Those people can get fucked and I love to see it.
So your base issue isn't theft... it's rampant capitalism?
More like a strict belief that piracy should be free. In Gary's case, charging money for sxos and adding DRM to it is what really bothers me though I will admit that I don't like the precedence this case sets.
A friendly reminder: SxOS is a mostly ripped off version of the FOSS CFW, Atmosphere.
I don't care that they sold hardware for a profit, but they can go fuck themselves for TIVOing open source software and pretending it was all their own original work.
You must be on a speedrun for downvotes to leave that comment on Lemmy of all places.
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He should be made to repay Nintendo for every dollar they can prove he cost them
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this post was submitted on 19 Dec 2023
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