Nin­ten­do has filed a law­suit which alleges that man named Gary Bows­er is in charge of a pira­cy oper­a­tion tar­get­ing the Switch. Now, Nin­ten­do may be a huge fan of Bows­er, but not this guy.

In a law­suit filed in Seat­tle (via Poly­gon), Nin­ten­do alleges that Gary Bows­er is one of the leader of a pira­cy group named Team Xecuter, which makes and sells an oper­at­ing sys­tem called SX OS. It’s used to cir­cum­vent the Switch’s secu­ri­ty sys­tems. Once installed, Nin­ten­do states the OS allows for pirat­ed games to be played on the Nin­ten­do Switch, which would not be pos­si­ble otherwise.

If a user already owns a law­ful, prop­er­ly pur­chased Nin­ten­do Switch game, the user can use the SX OS and accom­pa­ny­ing fea­tures to turn that game into an unlaw­ful copy, which allows the user to share addi­tion­al unau­tho­rized copies with more users also using the SX OS on the Nin­ten­do Switch,” the law­suit says.

Nin­ten­do addi­tion­al­ly alleges that Bows­er has been traf­fick­ing cir­cum­ven­tion devices for many years, dat­ing back to the orig­i­nal Nin­ten­do DS. Bows­er has been an annoy­ance for Nin­ten­do for quite some time. He was indict­ed in 2020 in Wash­ing­ton on sim­i­lar alle­ga­tions, most­ly relat­ed to Nin­ten­do products.

The com­pa­ny did not give a spe­cif­ic dol­lar amount it’s look­ing to receive from the law­suit, but did spec­i­fy want­i­ng $2,500 and $150,000 per vio­la­tion of two dif­fer­ent laws. Alter­na­tive­ly, Nin­ten­do would take actu­al dam­ages and Bowser’s alleged prof­its if they can be proved dur­ing the trial. 

Nin­ten­do is noto­ri­ous­ly pro­tec­tive of its IP, but giv­en their mas­sive pop­u­lar­i­ty, it isn’t sur­pris­ing. The com­pa­ny’s stance, which has been removed from the Amer­i­can web­site’s legal sec­tion, is that down­load­ing ROMs is always ille­gal. Regard­less of whether you own the phys­i­cal game already.