Switch modders arrested for selling consoles with ‘improved’ performance
Switch modders arrested for selling consoles with ‘improved’ performance
Four individuals in Japan have been charged with selling modified Nintendo Switch systems, which they claimed offered enhanced performance compared to the original models.
Nintendo has consistently expressed disapproval of hardware alterations, particularly when such modified devices are sold commercially. This sentiment was notably highlighted in the case of Gary Bowser, who was fined £11 million for distributing altered Switch consoles—a penalty he may never fully repay.
Legal action follows alleged trademark violations
Despite prior fines, the company’s stance has not deterred modders. Recently, four men are now facing criminal charges for allegedly modifying 45 Switch consoles and selling 15 via social media last year. The Kyoto Prefectural Police, acting on Nintendo’s guidance, referred the case to prosecutors.
The group is estimated to have earned between 600,000 to 900,000 yen from their sales, translating to approximately £2,837 to £4,256. While the exact price per console isn’t specified, they were likely sold for as low as 40,000 yen (£189), undercutting the official £259.99 retail price.
“We were just trying to make some pocket money,” one of the accused confessed, explaining their motivation.
Of the four suspects, two are teenagers aged 18 and 19, with the remaining two in their 20s and 30s. They admitted to the modifications, though the legal focus is on their alleged infringement of Nintendo’s trademark rights under Japan’s Trademark Act. Whether the performance claims are true or not, the case centers on unauthorized alterations.
Interestingly, this marks a significant legal milestone in Japan, as it’s the first instance where someone was arrested specifically for modifying and selling Switch consoles. A similar case last year resulted in a 50-year-old man receiving a two-year suspended prison sentence, accompanied by a 500,000 yen (£2,365) fine.
It remains uncertain if the modified consoles genuinely provided better performance, but the legal consequences are clear. The four men may face similar penalties, including suspended sentences and fines, though the exact distribution of punishment is yet to be decided.
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