Nintendo files additional lawsuit against hardware hackers

This has been an ongoing legal battle that started early last year.

Image via Nintendo

Team Xecuter is a group known for modding devices through mod chips and jailbreaking software, and Nintendo is now suing the reported heads of the group for infringing on the company’s copyright.

Nintendo of America has filed a lawsuit in Seattle court against Xecuter leader Gary Bowser on the allegation that the non-Nintendo affiliated Bowser profited by creating and selling hacks of the company’s products and intellectual properties. 

Gary Bowser and his fellow Xecuter member Max Louarn were both arrested and charged with 11 felony counts last October following another court case brought against Xecuter and several other hacking and piracy operations, such as reseller Uberchips. In the Uberchips lawsuit, Nintendo received $2 million in damages and additional assurance that the reseller would not be able to continue selling Xecuter products.

This newer lawsuit against Bowser and Xecuter filed on April 16, according to Polygon, looks to charge the alleged leader with two trafficking counts and one copyright violation. 

With this, Nintendo aims to shut down the operation entirely and is looking to reclaim revenue from damages based on “massive intellectual property theft and infringement,” that Xecuter’s SX OS system did and potentially could have caused. The damages are being requested in the form of $2,500 for each trafficked device, as well as $150,000 for each copyright violation.

Additional lawsuits might be filed by Nintendo in the near future too, as the company looks to try and stop any and all products or businesses that would “actively encourage and promote piracy on a massive scale,” in regards to its IP and potential financial harm.