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.