Nintendo takes its animosity towards Bowsers (but not all Bowsers) a step further. Polygon learned that Nintendo sued Gary Bowser, a leader of Switch hacking group Team Xecuter, for allegedly infringing copyright by making and selling hacks. Law enforcement had already arrested Bowser in the fall, but the company hoped the lawsuit would punish the count for both copyright infringement and two counts of trafficking.
Much of the lawsuit focuses on Bowser running an “international hacker network” and distributing Switch SX Core, SX Lite, and SX Pro oriented hacking tools. While some critics have argued that bootlegs are helpful in preserving games, Team Xecuter is selling the SX sequel for profit – which is hurting its chances.
If successful, Nintendo would shut down Bowser’s operations and extract damages of $ 2,500 for each device trafficked, plus $ 150,000 for copyright infringement. It is safe to say that financial sanctions would render the Xecuter team unfit even if they remained in business.
The lawsuit reflects Nintendo’s history of cracking down on hacks and any other tool that could enable hacking. It’s not completely surprising that the company is so aggressive, mind you. Nintendo is even more dependent on software sales than competitors like Microsoft and Sony, as its commercial successes are often tied to the latest games from franchises like Mario or Zelda. Whatever damage the hack actually does to Nintendo’s bottom line, lawsuits like this clarify its position and could deter smugglers.
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