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@subignition

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Joined 8 months ago
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Cake day: November 1st, 2023

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  • Money is already involved. It doesn’t need to be personal profit, my understanding is the lost sales are already enough for a copyright infringement claim. Although there are also three counts related to DMCA circumvention/trafficking – seems to me like Nintendo is confident they can prove in discovery that the defendant was close with / a part of the groups involved. (I am not a lawyer)

    You should probably click through to the TorrentFreak article and skim the actual complaints.

    For other readers, I’ll quote just a few lines of the complaint here:

    […] Defendant has engaged in “crowdsourcing” schemes, such as a scheme where he solicits members of the public to “donate” to his online community called “Missing Dumps” pre-paid Nintendo eShop Gift Cards (which he uses to purchase games to then copy and distribute) or copies of pirated Nintendo game files. He then rewards these contributors with special, enhanced access to the content available in his Pirate Shops.

    Via the “SwitchPirates” Reddit board, Defendant has touted and advertised his Pirate Shops and offered technical advice and encouragement about how to obtain and play pirated Nintendo Switch games and use the Circumvention Software.

    On March 31, 2024, Defendant acknowledged to NOA that his conduct violated NOA’s intellectual property rights, but refused to agree in writing to cease his unlawful activities. Moreover, upon receiving the cease-and-desist letter, Defendant apparently attempted to cover his tracks by systematically destroying the documentary evidence of his misconduct, including but not limited to deleting his Discord social media account as well as his GitHub account

    (If the allegation that evidence was destroyed is true, that’s really not a good look lol)