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Nintendo settles IP lawsuit with Uberchips, others are nonetheless pending

Nintendo is suing intellectual property rights and settling the case against Uberchips.

Nintendo has agreed to a $ 2 million court settlement against Ton Dilts Jr., owner of UberChips website, according to court documents. The company filed a lawsuit against UberChips in an Ohio court in May this year, alleging the website "sold products from the hacking group Team Xecuter that allowed customers to install and play pirated Switch games."

“With these products, users can bypass Nintendo's technological safeguards to protect the products from unauthorized access and copying. Once it's disabled, gamers can download the unauthorized operating system and play pirated video games, ”argued Nintendo's lawyers. Sites like Uberchips also offered pre-orders for devices that bypass security measures for Nintendo Switch Lite and newer Nintendo Switch models. Nintendo said it was causing “tremendous damage to the company. Nintendo's copyrighted games are at the center of its popularity. "

UberChips went offline shortly after the lawsuit was filed, but Nintendo continued to pursue legal action. Dilts responded through his attorney in June, denying any wrongdoing.

Photo by Sara Kurfess on Unsplash

In addition to paying $ 2 million, the court ordered a restraining order against the defunct site so it would no longer be able to do the same in the future. UberChips was also ordered to destroy its remaining holdings and turn its domain name over to Nintendo, and had to withdraw all existing social media accounts.

Back in 2018, Nintendo filed a similar lawsuit against another Team Xecutor hack reseller and won an injunction against the defendant in this case, Sergio Mojarro Moreno, in January of this year. Nintendo filed a lawsuit against a ROM website called RomUniverse in September 2019, which allowed members of the site to download pirated video games, and was pursuing legal action against other anonymous resellers.

According to court documents: “On December 28, 2019, Team Xecuter published a video on its blog TEAM-XECUTER.COM showing the SX operating system allegedly running on a Nintendo Switch Lite, showing that it has developed new bypass devices that it can bypass the technological measures on the Nintendo Switch Lite and on the Nintendo Switch consoles after June 2018 (which contain the same technological measures as the Nintendo Switch Lite). "

Piracy is an ongoing problem for all game companies. Whenever a new console is released, hackers inevitably identify ways to pirate software, at a much lower cost to consumers. "That's about to change," Nintendo said, adding that the resellers it is targeting are currently offering new switch hacking devices for pre-order and shipping to the US or Canada. During the course of its investigation, the company "successfully placed a pre-order for one of the devices for $ 45.95."

The company is seeking $ 2,500 per human trafficking injury in each lawsuit, in addition to a permanent injunction to prevent the websites and associated social media accounts from operating. Some are still pending. The recently settled case may provide some insight into the potential outcome of the outstanding cases.

Sources:

Nintendo agrees to settle a $ 2 million settlement in a switch hacking lawsuit

Nintendo lawsuits are directed against Switch hackers

Nintendo files lawsuit against Switch hackers

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