 Hey everyone, today we're going to be talking about a lawsuit that Nintendo won and this is kind of a big one because we've been following the switch hacking scene now for years about the successes Nintendo combating them and something they did kind of towards the end of last year is file a lawsuit against Team Executor. You guys might recognize them because they're the ones that discovered the flaw in the switch about the two pins that you can kind of in all models up through I believe it's every launch switch all the way through the switch revision I think was so subtle this where you could cross the two pins to get to the basically underneath the layer of the OS and then you know load in your boot loaders and your homebrew and everything else and that leads to a billion different things that you can do. Now I saw this on GameIndustry.biz but they're not actually the source for this because TorrentFreak are the ones that actually got a hold of the literal injunction but we get some basic information Nintendo switch wins an injunction against the sellers of the switch mod pirated games etc so Team Executor was doing more than just selling a tool that allowed you to basically hack your switch it went much deeper deeper than that. This person named Moreno was accused of selling Nintendo Switch mod devices by the hacking group Team Executor now they don't know if they're part of Team Executor but it's someone who was selling Team Executor stuff so chances are this was probably one of the main members of Team Executor. The mod was announced in early 2018 with the claim it made it possible to load pirated games on the switch which it did. Moreno allegedly sold these alongside SD cards that contained pirated games to be loaded onto consoles via the mod and this is a big legal no no can't sell pirated games they're not even supposed to distribute pirated games even for free let alone sell them as well as modded NES classic additions with over 800 games again you can mod your own NES classic all you want load as many games as you want you can't sell it so the good news I guess for Moreno is that there is no fine Nintendo did not seek a fine they're not going after a fine but he lost so let's get into the original report here by Tornfreak came on January 2nd and we're just gonna go through what they have reported here so you guys have the full facts of the situation 2018 Nintendo filed a lawsuit against a California man accused of selling pirated Nintendo games modding devices and modding services as part of a stipulated judgment a California court has now handed down a permanent injunction restraining the man from circumventing Nintendo's technical measures or offering any unauthorized copies of Nintendo copyright works in January 2018 hacking group team executor announced a Nintendo switch hack that presented the opportunity for people to run pirated games on the console this type of exploit is nothing new for hardware manufacturers like Nintendo but given its aggressive stance towards intellectual property rights the company wasn't likely to sit back and watch the development distribution followed indeed during December 2018 Nintendo took legal action against a Californian resident alleged to have sold Nintendo switch mod devices produced by team executor memory cards containing pirated copies of Nintendo guys plus a modified version of NES classic with 800 pirated games the main defendant in the case initially identified as Mikhail Yuska-Dunenek I'm sure I've butchered that by Nintendo was later named Sergio Mahoro Moreno in September 2019 there were signs that the parties had agreed to settle the case and on December 30th 2019 that agreement was detailed by a California court stating that Nintendo is a world-famous video game brand whose status is underpined by substantial investment in intellectual property the consent judgment and injunction begins with the main defendant does one through ten I guess there was other things there that were dismissed in the case agreeing that Nintendo's copyrights and trademarks are valid and enforceable in all respects well acknowledging the company's technical protection measures are valid the judgment then goes to restrain the defendant and anyone acting in concert with him from circumventing offering services and or offering technologies devices or components that circumvent Nintendo's technical protection measures basically they are saying that you cannot sell anything that allows you to hack your switch specifically in the case to add ROMs but the bottom line is that any hack to switch is opens up that potential so basically that little a little tool that you could insert into the side of your switch quite easily to like to basically you know the whole crossing the pin thing for some reason the exact term of it is escaping my mind but yeah the way that the method that they the team executor created is basically not illegal and can't be sold anyways you could still obviously do it on your own if you want but they can't sell you a tool to do it anymore anyways it says here let me see Moreno is also restrained from selling renting or offering or distributing unauthorized copies of Nintendo copyright works that's not surprising everyone is actually prohibited from that but you know this person for some reason thought it'd be cool to sell ROMs so in front of you just trademarks using the internet or any digital network to provide services to the public that enable copyright infringement of Nintendo's work basically this specific person can't make videos can't really do anything to talk about hacking switch they can't go on forums they can't they can't use the internet in any way to help people hack their switch and help them get ROMs technically it is not against the law in general for you to make a video about how to hack your switch or how to do this there's actually nothing illegal about that but this particular person because of the additional things they were doing besides explaining how to do it cannot explain it cannot engage in it so Moreno is being basically forced out of the switch hacking community or maybe even hacking in general I'm not sure how broad this goes over it only applies to Nintendo the consent judgment requires the defendant to refrain from several types of additional context such as challenging the validity or enforceability of any Nintendo intellectual property right or technological protection method in any form in the future hacking modifying or circumventing Nintendo's technical measures or reverse engineering any computer program or software developed by Nintendo or its affiliates basically whether it's now or a future Nintendo system this guy cannot touch Nintendo stuff period and you would be why would Moreno agree to this when it's not illegal to hack things there's no fines the obvious agreement here or the way Nintendo views it as this person is like the center point of team executor and they want to make sure that this center point that figured everything out doesn't touch our stuff again ever and instead of just heavily finding him to all hell they think just stopping this one individual will prevent it from basically happening I mean there's other people that will figure out ways to hack the switch but it's it's definitely kind of nice of Nintendo I suppose because they could have hit them with massive fines especially for selling intellectual property like God they gotta got millions out of him they would have never saw that money because he probably doesn't have it but I think that was probably why Marino's like yeah okay I'll agree to never do this again because hey the alternative is my main account is always empty let me see the consent just requires the defender okay yep we already talked about that a little bit the defendant is further required to provide written certification Nintendo that no circumvention software or devices including but not limited to an sx-pro a trinket M zero chips and her illegal copies of games were in his or his agents possessions that means anyone who works for him at the date of the stipulated judgment and injunction if they were they have to be destroyed so basically they're not allowed to have anything on them anymore that allows them to pirate games or hack the switch and if they do then you destroy all that stuff and they need to turn it over you know basically to get destroyed entering judgment in favor of Nintendo on each and every claim for relief in its amended complaint the court ordered that the parties to bear their own cost of attorney fees while standing to buy to enforce the terms of the order and event there's any future dispute so basically Marino has to pay his own lawyer fees and I have to pay their own lawyer fees but Nintendo overall won the case and then there is a link right here at the bottom to this which is the actual injunction and I've been through it to kind of confirm everything it's a lot more legal ease but basically Nintendo dominated this case so what does this mean for the switch hacking community well the thing is switch has already been hacked you can already pirate games on it anything at least up until the revised switch and even the revised switch I'm sure has either been hacked or will be hacked soon because that's just the way it goes hackers always always find a way and all companies like Nintendo you know Sony Microsoft can do is one make it harder to hack your systems make it harder for the games to be pirated that that is something they can do and they can just scare away people when they do find out who are the ones doing the hacking and who are the ones doing all the pirating and stuff all they can do is scare them and hopefully that scares future people from trying to do it again now they didn't scare this time with heavy fines which they have done in the past with things like flashcards and stuff they have done heavy fines clearly that hasn't worked Nintendo's done the fine route you know they they went after a ROM site that was distributing ROMs and find them heavily and that scared some ROM sites but it hasn't stopped ROMs from being sold or shared or hacked into things and resold on the internet so clearly that the all the fines did is just move all move around how people are distributing ROMs so I think that Nintendo instead of scaring people with fines wants to say hey we just don't want this happening so we're just gonna go after the specific people that are doing it and trying to put a stop to it so we'll see what happens. Nintendo's tried a lot of other patches and stuff to stop hacking but I guess a good way to just kind of I guess scare some people is be like hey we are gonna take legal action we're just gonna shut down the people that are making hacking at a hardware level and making ROM distribution of switch games to hacked switches much more difficult to do obviously they can't stop it. I foolishly made a video that blew up back in 2018 talking about how oh Nintendo's finally stopped switch hacking they can't stop it they temporarily made it more difficult it's obviously been made more difficult with the revised switch but eventually people will be around that if they're not already so as for my general thoughts on all this I think Nintendo is is doing the right thing because the fines haven't really worked so it is illegal and it's interesting that they got them not just for the software distribution because that's easy I mean the moment you're selling ROMs I mean come on yeah you gotta be pretty stupid to be selling ROMs but that's what this person was doing but the fact that they were able to rope in protections over hacking the actual platform that was surprising because it's not illegal to mod and hack your own platform on an individual level but for him to sell tools even like you can't even sell a tool to do it that I thought was a very interesting part of this lawsuit so good for Nintendo it's gonna make you know you'll still be able to find tools to do it there'll be other people making it there already are other people that make them but hey you know it's just Nintendo more worried about the future than right now as I said like he can't do things in the future and if you know they are some of you know this person's been hacking stuff for a while that could make it take longer and longer to jailbreak and get into future Nintendo platforms so yeah Nintendo's just protecting themselves good on you anyways let me know if you think about this down in the comments below did Nintendo do enough did they not hit them hard enough should he they have not done anything should they maybe hire the person to to maybe security check Nintendo's platforms it's interesting I know there's a very diverse fan base on this where some people love the hacking community some people hate the hacking community and I like both sides of the equation so I'm like a massive fan sitter on this issue so I'm sorry I never please anyone all right anyways I am Nate Jans thank you so much for tuning in hopefully you enjoyed this video today on this lovely Sunday and I will catch you guys in the next one actually you know what before I leave why don't you drop a like and subscribe for more content let's do it let's make 2020 the year of Nate Jans the year of me that sounds a little cocky doesn't it you know let's just make it the year of video games huh let's just celebrate gaming this year all right catch you later