“Typically, when a customer purchases a hacked console or the circumvention services, Defendant preinstalls on the console a portfolio of ready-to-play pirated games, including some of Nintendo’s most popular titles such as its Super Mario, The Legend of Zelda, and Metroid games.”
Yeah, that’ll bring the hammer down every time.
We can argue about the legality and morality of mod chips all day long, but building a business on distributing pirated software (and software that’s still being actively sold, at that) is a legal slam dunk.
That’s what I was thinking myself.
Nintendo might have still tried something, even with just the mod chips, just to try and strongarm someone into submission. However, distributing the games just seems incredibly dumb to me, and might be the main reason they were able to get this settlement.
I continue to not buy Nintendo devices or software because of their continuing nonsensical litigation like this. Whatever value they think they lost because of these chips I say compare that to their continued tarnishing of their name.
If your drm can be altered with a chip some guy made in his garage then it’s your drm that’s at fault. Financially ruining the guy only hurts the Nintendo brand.
I also do not buy Nintendo products for the same reason, but I think you overestimate the general public’s knowledge of their crazy litigant aggressiveness.
Ask any 12 year old what they want for Xmas and it’s a Switch 2, which means that parents are going to keep buying them for their kids, and it’s a massive pain to tell your kid that you’re not going to buy them their desired toy because the company that makes it is a scourge of hostile control freaks.
Most people just don’t care. So, keep up the fight because it matters but Nintendo’s brand image is mostly family safe game consoles, Mario, etc. despite what the very small subset of the world that is on Lemmy thinks.
I’m aware, we aren’t going to make a massive dent. However, for this 2 million dollar settlement, how many people would need to be swayed to not buy a switch 2 to make the settlement more expensive? In other words, how many sales would need to be lost because of us not buying the console to make the settlement moot?
In the case of 2 million, that’s about 4,500 switch 2s, not counting the loss in games bought or accessories.
If just 4500 people were convinced not to buy one because of this settlement, then the cost to their brand being tarnished is worse than the loss of potential sales due to the chip.
There’s a dozen other factors too, legal costs, what drives these potential sales, etc. what I’m trying to say is that if they’re willing to be this litigious over a few thousand console sales, then that means that even small groups like us not buying consoles can actually be noticed. It may be a simple dip in sales on a chart, but they’ll notice. To a greedy corporation willing to go after a single guy in a garage, they’ll notice a couple thousand people not buying consoles.
Yes bow down before the collective wishes of the nations 12 year olds, Im sure that will turn out cool. Be a friend not a parent/s
Yeah you’re the parent you can just say no. It’s this what parenting is like nowadays? When I still had a kid, we wouldn’t even feed him dinner cause we couldn’t afford it. It can whine all night long but as a parent no means no. We should bring back the rod as they say spare the rod, spoil the child.
I wouldn’t say this one was nonsensical litigation, he was selling pirated software. If he was doing it for free it’d be a much different case.
The guy distributed pirated games
