{"id":52431,"date":"2020-11-20T09:01:44","date_gmt":"2020-11-20T09:01:44","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=52431"},"modified":"2020-11-20T09:01:44","modified_gmt":"2020-11-20T09:01:44","slug":"nintendo-files-lawsuit-against-seller-of-rcm-loader-jailbreak-device","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=52431","title":{"rendered":"Nintendo Files Lawsuit Against Seller of RCM Loader Jailbreak Device"},"content":{"rendered":"

\"RCM<\/a>Nintendo\u2019s ongoing battle to prevent people from playing pirated content on Switch consoles is showing no signs of slowing down<\/a>.<\/p>\n

Its main targets thus far have been distributors and sellers of products offered by the infamous Team-Xecutor<\/a> but a new lawsuit filed in the United States yesterday targets a seller of another jailbreak-style device.<\/p>\n

Circumvention of Technological Protection Measures<\/h2>\n

As detailed in a number of earlier and similar lawsuits<\/a>, Nintendo is determined to take action against any product that undermines the security features baked into consoles such as the Switch. These features are designed to prevent unauthorized access to the console and its games with the aim of preventing people from playing pirated content.<\/p>\n

According to the latest lawsuit, a defendant identified as Le Hoang Minh, who on Amazon does business under the name \u2018Winmart\u2019, sold a device known as RCM Loader. The dongle\/device, which operates via a USB-C connector, is marketed as a plug-and-play solution for injecting payload files that allow booting into custom firmware (CFW), including Team-Xecutor\u2019s SX OS.<\/p>\n

\u201cOnce this circumvention has occurred, the unauthorized CFW modifies the authorized Nintendo Switch operating system, thereby allowing users to obtain and play virtually any pirated game made for the Nintendo Switch. All of this happens without authorization or compensation to Nintendo or to any authorized game publishers,\u201d the company\u2019s complaint reads.<\/p>\n

Another feature of the system criticized by Nintendo is the ability for owners of legal copies of games to copy and share those games with others who are also using unauthorized custom firmware. Nintendo says it has been working hard to reduce the availability of SX OS and similar custom firmware but due to the trafficking of devices like RCM Loader, that battle continues.<\/p>\n

Defendant Sold RCM Loader Via Amazon<\/h2>\n

According to the lawsuit, Vietnam-resident Le Hoang Minh, sold RCM Loader devices on Amazon so, to counter this distribution, Nintendo filed a DMCA takedown notice on October 21, 2020, citing 17 U.S.C. \u00a7 512(c)<\/a> and requesting that the listing be removed. <\/p>\n

While Amazon did take the listing down, the removal was only temporary.<\/p>\n<\/p>\n

\"RCM<\/a><\/center><\/p>\n

This short-lived takedown was due to the seller submitting a DMCA counter-notice to Amazon on November 4, 2020, under 17 U.S.C. \u00a7 512(g)(3)<\/a>, claiming that the listing was non-infringing and had been taken down in error.<\/p>\n

Defenses Listed in the DMCA Counter Notice<\/h2>\n

Attempting to cover most available defenses, relevant or not, the counter-notice from Le Hoang Minh is comprehensive if nothing else. <\/p>\n

In addition to claiming that the devices are not copyrighted and are therefore in the public domain, the Amazon seller advised the platform that Nintendo\u2019s claim is faulty due to the company failing to provide any copyright registration information in its takedown notice.<\/p>\n

\u201cThe complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner\u2019s rights,\u201d it added.<\/p>\n

In addition to a laundry list of alleged technical failings in Nintendo\u2019s takedown notice, Amazon was advised by the defendant that the use of \u201cthe material\u201d was legally protected \u201cbecause it falls within the \u2018fair use\u2019 provision of the copyright regulations\u201d and if Nintendo disagrees with that assertion, it \u201cmust\u201d work with the seller to solve the dispute.<\/p>\n

\u201cThis communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3). I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law,\u201d the counter-notice reads.<\/p>\n

Importantly, the declaration adds that Le Hoang Minh submits to the jurisdiction of any appropriate US district court in case of a legal dispute with Nintendo.<\/p>\n

Nintendo: Challenge Accepted<\/h2>\n

The lawsuit filed yesterday is a clear indication that Nintendo believes it has the law on its side, in respect of the illegal nature of RCM Loader and the validity of the DMCA counter-notice that attempted to reinstate the listing.<\/p>\n

\u201cDefendant manufactures, imports, offers to the public, provides, and otherwise traffics in a circumvention device and software that circumvents the technological measures on the Nintendo Switch \u2014 specifically, the RCM Loader,\u201d the company states.<\/p>\n

\u201cOn information and belief, the only<\/em> purpose of Defendant\u2019s circumvention device is to circumvent Nintendo\u2019s technological protection measures.\u201d<\/p>\n

Demanding maximum statutory damages for each violation of the relevant sections of the DMCA, Nintendo also demands a permanent injunction preventing the defendant from offering to the public or otherwise trafficking in circumvention devices in the future.<\/p>\n

On top, Nintendo is demanding relief for the defendant\u2019s alleged abuse of the DMCA counter-notification system by misrepresenting material facts to Amazon, crafted to have the listing restored on the platform, in violation of Nintendo\u2019s rights.<\/p>\n

Finally, the gaming giant asks the court to issue an order that will allow for the seizure, impoundment and destruction of all RCM Loader devices in the defendant\u2019s possession, including any related software.<\/p>\n

The complaint can be found here<\/a> (pdf)<\/em><\/p>\n

From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n

Powered by WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"

Nintendo\u2019s ongoing battle to prevent people from playing pirated content on Switch consoles is showing no signs of slowing down. Its main targets thus far have been distributors and sellers of products offered by the infamous Team-Xecutor but a new lawsuit filed in the United States yesterday targets a seller of another jailbreak-style device. Circumvention […]<\/p>\n","protected":false},"author":2,"featured_media":52432,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-52431","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/52431","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52431"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/52431\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/52432"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52431"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52431"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52431"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}