Nintendo of America has filed a lawsuit against Gary Bowser, an alleged leader of the hacking group Xecuter. After a judicial filing shared by Polygon, Bowser and Xecuter “are producing and trading illegally in an unauthorized operating system called” SX OS “and the related piracy tools that install it.” The SX operating system allows this illegally Nintendo Switch Hardware for playing pirated copies, with Xecuter bringing in the profits for the operating system. Back in October last year, Bowser and another suspected member of Xecuter, Max Louarn, were arrested and charged with eleven criminal offenses. Xecuter is also said to have sold hacking tools for DS, 3DS and that Nintendo Wii.
The filing further describes how the software runs on Nintendo Switch and the ways in which it violates the company’s copyright. According to the filing, “bypassing Nintendo’s technological measures” allows users to illegally download Switch games online, transfer them to a memory card, and then play them on the system using SX OS. Apparently, the operating system also allows users to make illegal copies of legally purchased Switch games that can then be shared with others online. It’s not hard to see how this can become a massive problem if allowed to spread.
Bowser reportedly oversaw the group’s “day-to-day operations”. The filing alleges that it operated several Xecuter related websites and coordinated with several resellers for the operating system. Nintendo charges $ 2,500 for each operating system it trades, plus $ 150,000 for each copyright infringement. The company has also requested a judicial hearing by a jury.
Nintendo has a long history of chasing pirates, and the for-profit nature of the SX operating system has apparently put Xecuter on Nintendo’s radar. Given the massive success of Nintendo Switch, there appears to have been a significant market for the operating system. Nintendo’s efforts to shut down Xecuter are also intended to deter those who would attempt to sell similar products.
Of course, many online fans have found some humor in the idea of Nintendo chasing after a man named Bowser as he shares a name with Mario’s longtime nemesis. It actually seems a bit fitting!
Do you know the Xecuter operating system? Have you seen the SX OS advertised online? Let us know in the comments or share your thoughts directly on Twitter @Marcdachamp to talk all about games!