Team Xecuter

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Team Xecuter is a hacker group that makes mod chips, cartridges and jailbreaking software for game consoles. Among console hackers, who primarily consist of hobbyists testing boundaries and believe in the open-source model, Team Xecuter was controversial for selling hacking tools for profit. [1] Console systems targeted by the group include the Nintendo Switch, Nintendo 3DS, GameCube, NES Classic Edition, PlayStation, Xbox and the Xbox 360. [2]

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In September 2020, Canadian national Gary Bowser and French national Max "MAXiMiLiEN" Louarn were arrested for designing and selling "circumvention devices", specifically products to circumvent Nintendo Switch copy protection, and were named, along with Chinese citizen Yuanning Chen, in a federal indictment filed in U.S. District Court in Seattle, WA on August 20, 2020. [3] Each of the three men named in the indictment faced 11 felony counts, including conspiracy to commit wire fraud, conspiracy to circumvent technological measures and to traffic in circumvention devices, trafficking in circumvention devices, and conspiracy to commit money laundering. [4] Bowser handled public relations for the group, which has been in operation since "at least" 2013. [1] [5] By October 2021, Bowser pled guilty to conspiracy to circumvent technological measures and trafficking in circumvention devices, agreeing to pay a $4.5 million penalty and to continue to work with authorities in their continued investigation of Team Xecuter in exchange for dropping the other nine charges against him. [6] In December, he was ordered to pay another $10 million to Nintendo. [7] On February 10, 2022, Bowser was sentenced to 40 months in prison. [8] [9] As of 2024, he has to pay 20% to 30% of any earnings he makes to Nintendo, after paying for rent. Public opinion on this sentence deems it cruel. Press reports state that the sentence was primarily an example, to dissuade other pirates. [10]

Nintendo separately filed a civil lawsuit against Bowser in April 2021 related to three counts of copyright infringement, seeking damages of $2500 per trafficked device, and $150,000 for each copyright violation. [11] [12]

Nintendo has also successfully prevailed in another lawsuit involving resellers of Team Xecuter devices, winning $2 million with a settlement. [13]

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References

  1. 1 2 Orland, Kyle (October 8, 2020). "Console hackers are shocked after DOJ arrests prominent mod-chip makers". Ars Technica . Archived from the original on April 3, 2022. Retrieved April 17, 2021.
  2. ↑ Warminksy, Joe (October 5, 2020). "Nintendo Switch hackers from 'Team Xecuter' arrested, US says". CyberScoop. Archived from the original on November 4, 2021. Retrieved April 19, 2021.
  3. ↑ "Two members of notorious videogame piracy group "Team Xecuter" in custody". www.justice.gov. Department of Justice. October 2, 2020. Archived from the original on May 2, 2022. Retrieved April 19, 2021.
  4. ↑ Noren (Chary), Krista (October 2, 2020). "Nintendo Switch hackers Team Xecuter leaders arrested, charged in federal indictment". GBAtemp.net - The Independent Video Game Community. Archived from the original on November 6, 2021. Retrieved April 19, 2021.
  5. ↑ Doolan, Liam (April 18, 2021). "Nintendo Is Suing A Reported "Leader" Of The Notorious Piracy Group Team Xecuter". Nintendo Life. Archived from the original on November 6, 2021. Retrieved April 19, 2021.
  6. ↑ Carpenter, Nicole (November 2, 2021). "Bowser pleads guilty, ordered to pay $4.5M to Nintendo". Polygon . Archived from the original on February 14, 2022. Retrieved November 2, 2021.
  7. ↑ "Switch hacker Gary Bowser must pay Nintendo $10m on top of his $4.5m fine". VGC. December 7, 2021. Archived from the original on December 8, 2021. Retrieved December 8, 2021.
  8. ↑ "Bowser is going to prison for selling Nintendo Switch hacks". The Verge. February 10, 2022. Archived from the original on February 11, 2022. Retrieved February 10, 2022.
  9. ↑ Carpenter, Nicole. "Bowser gets 3+ years in prison over Nintendo Switch hack scheme". Polygon. Polygon. Archived from the original on February 10, 2022. Retrieved February 10, 2022.
  10. ↑ Hernandez, Patricia (February 1, 2024). "The man who owes Nintendo $14m: Gary Bowser and gaming's most infamous piracy case". The Guardian. ISSN   0261-3077 . Retrieved February 2, 2024.
  11. ↑ Carpenter, Nicole (April 17, 2021). "Nintendo suing Bowser over Switch hacks". Polygon . Archived from the original on April 18, 2021. Retrieved April 17, 2021.
  12. ↑ Yin-Poole, Wesley (April 17, 2021). "Nintendo suing Switch hacker Gary Bowser". Eurogamer . Archived from the original on December 17, 2021. Retrieved April 17, 2021.
  13. ↑ Ivan, Tom (October 1, 2020). "Nintendo wins $2 million in damages from Switch hacking device seller". VGC. Archived from the original on December 7, 2021. Retrieved April 17, 2021.

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