Gary Bowser, the leader of Switch hacking group Team Xecuter, has been sentenced to 40 months in jail for piracy. The official charges are "Conspiracy to Circumvent Technological Measures and to Traffic in Circumvention Devices" and "Trafficking in Circumvention Devices", both of which are federal felonies in the United States.
Previously the U.S. government were arguing for five years as a jail sentence.
Bowser's group built and sold devices that were used to hack consoles, which can allow players to modify games and play pirated games. Bowser, a 51-year-old Canadian who was arrested in the Dominican Republic and is no relation to Doug Bowser or King Koopa, had already agreed to pay two separate fines: $4.5 million to Nintendo of America as restitution, and a further $10 million also to Nintendo of America as "monetary relief". He has also had all of his consoles destroyed.
In a statement issued by the Department of Justice, U.S. Attorney Nick Brown described the damage done by Team Xecuter as having "caused more than $65 million in losses to video game companies," but sad that the damage went beyond the losses to businesses, "harming video game developers and the small, creative studios whose products and hard work is essentially stolen when games are pirated."
Prosecutors also cited indie developers as victims of piracy in the statement:
"When video games are illegally copied and when circumvention devices become readily available, the video game industry—and the broader economy—experience a negative ripple effect…. This leads, at a minimum, to fewer incentives to create, and a less vibrant game scene."
Two other prominent members of the group, 49-year-old Max Louarn of France and 36-year-old Yuanning Chen of China, have also been charged, but are not currently in custody. Bowser has been in federal custody since September 2020.
[source justice.gov, via polygon.com]
Comments 104
So long Gary Bowser!
And mario still gets the girl!
I think it's good news. What did he really expect? You reap what you sow.
Crimes against the State ❌️
Crimes against humanity ❌️
Crimes against Nintendo ✔️
@The-Chosen-one I don't condone piracy, and maybe I'm becoming one of those woke, politically-correct SJW's, but I don't think this situation really warrants a r--e joke, of all things.
Piracy doesn't pay and when your getting $$ for it that's worse.
The punishment absolutely does not fit the crime.
I mean, corporations steal from people every day. Where is their jail time?
The sentence is more about sending a message, than it is about achieving justice, which kinda feels like an abuse of the legal system.
@Not_Soos I kinda skimmed there comment the first time, but when you said that, I was like no way it what I think it is, and ya, I saw it.
Its not you becoming woke I will tell you that, so don't worry.
Some one killed their own child and got nine years….
I’m not sure the justice systems are balanced right
Three years in jail is ridiculous. Yes he deserved to be punished but three years inside is outrageous
Sentenced to 3 years, but already served 2.
Three years is grossly disproportionate considering the lack of real damages here ($65 million is total nonsense). Guy shoulda tried stealing overtime pay, overthrowing the US government or filling an entire town's water supply with chemicals.
@CharlieGirl don't do the crime if you can't do the time. :3
@Snatcher Yeah, like I get that some people have a dark sense of humor, but I've never found it very tasteful. That said, I've spent the past year in therapy learning to manage my anxiety over taboo subjects. I've learned that humor can be an effective coping tool. I dunno. I would hope no one genuinely wants this guy to get violated, though.
I find it odd you guys post an article about someone getting punished for piracy yet you post articles about hacking consoles and such. Maybe if site like this one didn't glorify hacking and such.... just saying.
Man, talk about sending a message. I bet the other two guys will keep a very low profile after reading the news.
@Not_Soos I sure do hope not, that would be actually messed up.
Lots of whataboutism in here.
Reality is, he sold hacks, distributed pirated software and raked in hundreds of thousands of dollars doing so. Like it or not, these are crimes. Fact he was at Dominican Republic also proves he knew he was committing crimes.
Now bring justice to the really important matters.
Punishment is excessive. But I get why they did what they did.
Funny thing is that had he and comrades just gave out hack kits and never included any pirated games in the kits, he wouldn’t be going through this.
dont think there was any real loss. its not like a person who pirated a game would have bought it otherwise. prolly been just used by kids who couldnt afford to buy a nintendo game at full retail price.
@CharlieGirl In my state you can serve 20 years for stealing a car worth over $20,000 - inconveniencing one life maybe for a short while. This guy stole $65M, destroyed hard work while enriching himself enough to pay $15M in fines and got 3 years.
So how doesn't this equate again?
@Poco_Lypso Don'twant to sound rude (but I know it will because, internet) but thinking that all people who pirate wouldn't have bought it anyway and can't afford anything is a bit naive.
@Snatcher I'm probably in the minority, but personally, I wouldn't wish it on anybody, even sex offenders. An eye for an eye makes the whole world go blind and all that. The problem with the internet is that jokes can easily be misconstrued, and the whole world is your audience. Dark humor only really works in a close-nit group of people who know you enough to know you're just kidding--not publicly, where strangers can hear it out of context and where it could potentially get back to the person in question.
I'd better stop before I get reprimanded again for being irrelevant in the comments. :/
@Fizza LOL!
The bootlicking in this thread is surreal.
Meh
Not like he's going to do the full three years, get out early most likely.
@CharlieGirl
i came here to say this, and once again you beat me to it! ✌️
@Nintendo_Dandy
hey! thats usually my line! : )
there are alot of fascists in our midst.
@The-Chosen-one
F*CK THAT! Rape jokes are not okay. Get some perspective, comrade.
@CharlieGirl His Stolen $$$ buys the best Lawyer...poor shmoe can't and get's 20 years... Go figure...
Maybe he should have worked in gov, then he could rip people off and get a pass for doing it.
@Madao So it's like he's a politician but without the jail time.
@CharlieGirl Look what gov officials get away with.
@Nintendo_Dandy I’m so tired of hearing this terminology. I get what you mean, and yes it’s annoying… but calling people ‘bootlickers’ just makes you look like an immature brat that can’t handle that people have a different opinion than you and I.
life is unfair
@-wc- I always think it’s funny when people think that others do, or even should, care about their feelings. The bigger question is why do YOU care what other incompetent, numskulls think? Sounds like a you problem.
@SwitchForce now THAT’S facts. Sad tbh…
@Nintendo_Dandy Maybe bootlicking is my kink, don't judge me.
@DABYX we don't have any data on that. they just estimated how much money they would have made if the games hadnt been pirated but purchased. some parents will only buy a console if they know they can get the games for 'free'.
15million and 3 years is generous for what he has done
So the guys been fined nearly $30 million in total which to me is enough punishment as it is.
Jail time for this is more than some other serious crimes which is just ridiculous, why don't they arrest all the people that buy and downlaod pirated games, music and movies etc? Why is it only the distributor, the buyer is also contributing to pirated crime.
@Poco_Lypso Sure. I'm sure a lot people wouldn't pirate if they had the means or wouldn't buy anyway but a lot would even if they could afford it but just don't want to as well.
@Nintendo_Dandy the poor innocent multi billion dollar company must be defended at all costs 😤
won't someone think of the shareholders!? 🥺
Piracy is a crime. Like it or not. Sad thing is he would have gotten little more than a slap on the wrist if he would have just not been selling it.
@Lemonyoshi yes. And that difference in opinion has a name in this case. I don’t really care how you feel about terminology tbh. Also I don’t care wether you or anybody else thinks I’m a brat. I’m sure your billionaire overlords are proud of you.
@Not_Soos Its ok, and I totally agree with you.
Always find it so strange the amount of hate people/companies get for being successful/rich.
@CharlieGirl
I agree. I work in the court system and have seen rapists sentenced to much less time. It’s just not proportional.
@Lony85
Well, no doubt he’s getting credit for time served and since he’s been in there since 2020, he’ll do less than two years.
@Lemonyoshi
Caring about others’ feelings isn’t a bad thing. That’s called empathy and all of us should have some.
Removed - trolling/baiting
Removed - unconstructive
Removed - unconstructive
@BenGrimm jealousy. People can’t handle it. Quite funny, if you ask me!
@Lemonyoshi
"I think it's funny when people think others do, or even should, care about their feelings"
*Posts 4 inflammatory comments in a row on a nintendo site. 😅
(ps- when did i say anything about my feelings? what's the "me problem" again?)
@BenGrimm It has something to do with the two tiered legal system and how a CEO could take home millions while laying off staff at his abusive company. IDK.
Utterly ridiculous. The charges (and laws) are nonsense, but hey what can you expect from tEh laNd oV Da fR3e.
@Lemonyoshi
Heheh. That’s a different story. I can’t argue with that.
The 15 million fine was more than enough lol, the jail sentence is just overkill.
It's the selling part and the fact it's with a most up-to-date console from Nintendo that probably got him in this much trouble. It's sad to see but he did kind of do this to himself along with his accomplices.
@MostHandsieBoy 20 years for a car is also outrageous. I don't see your point. The criminal justice system is insane. The guy did not steal $65 million dollars. Just in case you didn't know, it didn't actually cost $60 for Nintendo to make those $60 Mario games you download off the eShop.
Hopefully this sends a message to other up and coming criminals of the same ilk.
Ah yes, since Nintendo pretty much prints money pirates should be able to pirate off of their games and get off on a mere slap on the wrist after they get caught and get sentenced. Is that right? Lol gtfoh. Play stupid games, win stupid prizes… which in this case is a mega fine and prison time
@MostHandsieBoy Its Canada here the goal is to rehabilitate not hidden modern slavery or corporatism.
@Lemonyoshi not everyone can be successful! there's a lot of hard-work ethics needed, prejudice, and plain old luck involved. Sure, you're successful, but not everyone gets dealt a lucky hand in life. Plus, jealousy is an extremely human emotion. It's not wrong to be jealous (of course it's at the detriment of others or said person is being greedy). Plus plus, none of this is meant to be mean or degrading, just giving my opinion on the whole matter.
@BaronMunchausen exactly.
I have a brother that's spent most his life, going in and out of jail, three years with time served won't be that long.
Three years in jail I'll believe.
Nintendo getting $15m out of him? That'll be reduced to a figure he can more realistically pay.
A bit extreme, the fine was already a bit big, but he still had it coming.
@Diogmites No idea if he's still alive or if it's his real name, but I wonder if this guy living in the '70s was inspiration for the Bowser character name.
I have no idea what he actually did (I assume something music related), other than seeing him on reruns of the '70s game show The Match Game.
@CharlieGirl
The fact you posted that on the internet on either a computer or mobile device means you are a beneficiary of corporate practice.
Quite possibly the worst take.
@Screen i would just comment "corny" in response to this if possible
Play stupid games win stupider prizes 😂😂
@BaronMunchausen naw
@Stocksy
Never was balanced. Drug addicts get many years in prison while impaired drivers get just a few year for vehicle homicide. Furthermore, bad cops get a paid vacation for police brutality. Justice here in America is absolute crap.
@CharlieGirl "rage against the machine yeah dawg" "corporations boo occupy Nintendo" like honestly I dont even get where your argument is. Guy commits a crime (and whether you agree with it being a crime is irrelevant) and goes to jail for it. Happens all the time. I personally know someone who cheated a nice oil and gas company he worked for and did time, but I guess I should be against the boogeyman corporation in that case? I mean just a few hundred thousand dollars they can make up in minutes, so he should walk? Anyone (including you) buying a nintendo product is putting money into their lawyers pockets so that they can do EXACTLY this, and yet you somehow think theres some disconnect or are playing dumb to the fact that Nintendo cant be responsible for stuff they dont make. What if Nintendo gave this guy the OK to make these but on the side he was making other like offensive porno or something? think nintendo wants to be associated, or take the chance to be responsible when sh*t hits the fan for him? No, therefore they do this, which is in their rights. But no "ooo yuck CEO board meetings booo".
@Screen I'm a beneficiary of working class labor, as are we all.
Removed - offensive remarks
Thief goes to jail no matter how much people here try to paint him like a Robin Hood going against the “evil corporations”. Last I checked I and imagine others didn’t get to see a dime of the money he stole so good riddance. “What about X Y and Z!” isn’t an argument to defend the guy that did something illegal whether you like it or not.
Very amusing this is apparently a more severe crime than storming the capitol..what a weird world we inhabit.
I'm not saying that Bowser (The hacker, duh) is a good guy, far from it, but this punishment is quite frankly ridiculous considering the crime he committed, you'd think he was a big time drugs dealer or something. (Except those get less jail time due to fancy lawyers)
But when a big company wants to crucify somebody to scare off hackers/modders, the justice system is apparently puppy-dog eager to do the dirty work for them.
And then that sickening "Thanks for ruining his life for our bottom line"-message Nintendo posted, ugh...
Japanese company uses American courts to sue and imprison a Canadian man for the lawful hacking of technology.
@CammyUnofficial the person you're replying to is very anti corporation and anti anyone that has money. No use arguing with him cuz you'll just get ignored if your argument actually makes sense(They can't hear you if they cover their ears.).
On topic: this dude stole millions and got punished for it, I see nothing wrong here.
@Arkay It’s one thing to disagree with their perspective but can we not misgender them?
@nessisonett I did? Isn't Gary a dude?
@Arkay Not Gary, you’re referring to Charlie as ‘him’. No big deal, just better to point it out!
The only way for Nintendo to top that is by hiring assassins to murder anyone who use hacked consoles. I guess they wanted to make an example of him, but this is going a bit (understand a lot) overboard
@Yorumi There's a hole in the market that has just opened up for you to test that theory.
@Arawn93 Yeah sort of breaks down when you realise these are people are taking luxury goods they don't need from the company who made them, just because they want it.
This is like "Robin Hood' stealing from the toymaker. To sell to the "poor".
@Moistnado My point was that 3 years is not a strange sentence. And I understand he didn't steal 65M - but he enabled 65M to be stolen. he also profited greatly on his own theft - hence the fine.
Also: F him and who cares what happens to him. He is a thief- stealing from the hard work and talent of others so that he doesn't have to - let him rot for all anyone cares. Forgotten in the annuals of everything -his own talent wasted grifting off of other people. Bye bye.
@MostHandsieBoy he didn't actually steal anything. Those are imaginary losses. Which is meaningless legal BS
@Silvercloak ffs. If you enable someone to steal through a proprietary theft device - you are goddamned stealing. This is really simple.
But again, **** him. Hope he rots. I am sorry you lost a hero this week.
@MostHandsieBoy just disagree with your supposition. Piracy isn't the same as stealing. Device modification is not the same as stealing.
@Silvercloak Pure rationalization for clear theft. If you take something that isn't yours you are stealing. Piracy is stealing in every moral person's definition.
Good luck living with it.
@MostHandsieBoy lol I don't pirate. It's too much of a hassle. I don't steal either, I hate thieves. To steal something is to remove something from someone else's possession. That's not what happened here. It's piracy. Correct terminology is important.
@MostHandsieBoy He didn't enable $65m to be stolen either. No money was stolen from Nintendo. You may have no sympathy for the guy, but it appears that you don't even know what the crime was. 3 years is a disproportionate sentence for such a petty misdemeanor, citing examples of other strange sentences does not make it normal. These consoles are made in sweat-shops, with allegations of forced labor of vulnerable minorities. If you care so much about what is right, maybe you should look into that instead.
@Screen we should never criticize unjust corporate practices because we have a phone or computer? That's crazy.
@Moistnado
Woah, don’t accuse me of saying things.
All I said was not all corporations are pure evil.
@Screen "The fact you posted that on the internet on either a computer or mobile device means you are a beneficiary of corporate practice" I was responding to this nonsense.
@Moistnado
So?
Didn't he violate some GPL rule? Because if he did, that's illegal.
@CharlieGirl seriously where does this mentality come from in defending people stealing from a creative company that you enjoy? Zero gratitude at all for people's hard work creating wonderful things of enjoyment all because those same people want to be rewarded for their efforts. Why don't you ask the people who pirate games to make their own game and give it to you for free. Think that will work out well?
@Silvercloak Oh wow. Piracy isn't theft. This still being used as a shield? Oh, I wasn't going to buy it anyway so you didn't lose any money.... This is why there are so many crap Free-2-Play games. That was the industry's response to piracy.
So I guess counterfeit money is just piracy too and should be allowed?
Most of these so-called hackers are impostors, so proceed with caution. I've already been scammed three times, but thankfully a friend gave me a USA contact who is trustworthy, works with discretion, and delivers. He helped me hack my ex's phone remotely and cloned it so that I could monitor all his messages and calls. I prefer to let the quality of his services speak for themselves. You can contact him via google chat/email at [email protected].
Thanks ExpressHacker99@(Gmail .com). A True Goto when it comes to remotely hacking phones.
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