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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 was arrested in the Dominican Republic and French national Max "MAXiMiLiEN" Louarn was detained in Tanzania by order of American authorities to face charges relating to 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 of the same year.[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]

On 16 October 16 2020, the Dar es Salaam district court dismissed the extradition request for Max Louarn to the United States on the grounds that his arrest had been illegal. Louarn thereafter traveled to Reunion Island (which is an overseas department of France) by private jet to avoid any further attempts to apprehend him by the American authorities, before finally returning to mainland France itself. While there is still an outstanding international warrant for his arrest, Louarn remains a free man as French law does not allow the extradition of its own citizens.[6]

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.[7] In December, he was ordered to pay another $10 million to Nintendo.[8] On February 10, 2022, Bowser was sentenced to 40 months in prison.[9][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]

References

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  1. ^ a b 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. ^ "Voler des sociétés qui font des milliards, qu'est-ce que j'en ai à faire ? - Max Louarn, cœur de hackeur". Le Monde (in French). March 27, 2022. Retrieved October 15, 2024.
  7. ^ 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.
  8. ^ "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.
  9. ^ "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.
  10. ^ Carpenter, Nicole (February 10, 2022). "Bowser gets 3+ years in prison over Nintendo Switch hack scheme". Polygon. Archived from the original on February 10, 2022. Retrieved February 10, 2022.
  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.

Further reading

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