Tag: piracy

  • US Distributor Sells Mig Flash Backup Tool for Unreleased Switch 2

    US Distributor Sells Mig Flash Backup Tool for Unreleased Switch 2

    Key Takeaways

    1. The Mig Flash was initially perceived as a prank, primarily appearing in YouTube videos, but is now being shipped and allows users to back up and pirate Nintendo Switch games.

    2. It serves a dual purpose: enabling users to back up and play their own games while also facilitating piracy, though some believe mod chips are more effective for illegal use.

    3. The product is shrouded in suspicion, with frequently changing official URLs and a lack of reliable information on its compatibility with future Nintendo consoles.

    4. Nintendo actively monitors and blacklists modified consoles, and recent changes to their EULA suggest that modified Switch 2 units may be bricked, especially in regions with weak consumer protection.

    5. Nintendo’s strong anti-piracy stance indicates that even if the Mig Flash supports the Switch 2, it will likely face significant repercussions from the company.


    The Mig Flash was initially thought to be a prank, showing up mainly in YouTube videos rather than being accessible to the general public. Nevertheless, despite some customers reporting delivery times of up to two months, it seems that the product is indeed being shipped and allows users to back up and pirate Nintendo Switch games (available on Amazon).

    A Dual-Purpose Tool

    This device is advertised as a way for users to back up and play their own games on a single cartridge, eliminating the hassle of carrying multiple game cartridges. However, it can also be used for purposes that cross into illegal territory. Some argue that a mod chip is a more effective method for piracy, even though the Mig Flash has its legitimate uses.

    Suspicion Surrounds the Product

    The Mig Flash is wrapped in a cloud of doubt. Its “official” URLs change frequently, possibly due to Nintendo’s efforts to take them down. With various resellers and pages on AliExpress, buying a Mig Flash feels like a gamble at best.

    Recently, one reseller, claiming to be the top US distributor, has stated that the Mig Flash V2 will work with the upcoming Switch 2. Whether migflashunited actually has insider info or is just spreading lies to boost sales is still unclear. A check against AliExpress and what seems to be the official Mig Flash site reveals no similar information, and there’s no clarity on whether this “compatibility” means that it will only work with Switch 1 titles on Switch 2 hardware, if it’s just the size that fits, or if it actually allows piracy of Switch 2 games.

    Nintendo’s Position on Piracy

    Nintendo is known to blacklist consoles from online play if they detect modifications, and with the recent changes to their EULA, there’s a strong possibility that any Switch 2s running such modifications will be bricked. This is particularly true in the US and other regions where consumer protection is weak. Notably, this warning is missing from the European EULA.

    In any case, Nintendo has been very clear about its stance on piracy, emulation, and anything that affects its profit. Even if the Mig Flash does eventually support the Switch 2, the likelihood that Nintendo will allow it to operate without repercussions is very low.

    Source:
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  • Nintendo can brick consoles for unauthorized use per new agreement

    Nintendo can brick consoles for unauthorized use per new agreement

    Key Takeaways

    1. Nintendo’s updated user agreement clarifies that users only have a license to use their Nintendo Account Services, not ownership.
    2. The new terms impose strict restrictions against actions like copying, modifying, or circumventing Nintendo services.
    3. Violating these rules could result in serious consequences, including the possibility of Nintendo bricking the user’s console.
    4. The UK agreement is less detailed but also prohibits unauthorized actions regarding Digital Products, with similar consequences for non-compliance.
    5. Nintendo’s privacy policy has been revised to allow recording of video and voice chats for safety and security purposes.


    Nintendo is stepping up its fight against piracy and emulation, as shown by the recent changes in the user agreement. The new terms clarify that users do not actually own their Nintendo Account Services; they merely obtain a license to use them. This means that interfering with these services could result in serious consequences, including the possibility of Nintendo bricking your console if you use the services in ways that are not allowed.

    Updated Agreement Notification

    The modifications to the US Nintendo Account User Agreement were communicated through an email to account holders, providing a link to the updated policy. These changes are set to take effect in May 2025, which means they should be active by now. One significant update is the explanation that Nintendo services are licensed rather than owned, imposing certain restrictions and guidelines that must be adhered to.

    Licensing Terms

    In the License section, it is stated that according to the EULA (End User License Agreement), users must not publish, copy, modify, reverse engineer, bypass, tamper with, or circumvent any functions or protections of the Nintendo Account Services. There are also additional clauses, and a complete list can be seen in the screenshot below. If users do not follow these rules, Nintendo has the authority to make the account or the console “permanently unusable” or bricked.

    UK Agreement Update

    The update to the UK EULA is not as detailed, specifying, “In particular, without NOE’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law.” Non-compliance could lead to the Digital product becoming unusable.

    Nintendo has also recently revised its privacy policy concerning the Switch 2 and GameChat. If users agree, Nintendo may record video and voice chats saved on the console. The company claims this is to create a safe and secure environment for certain services.

    Source:
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  • Japanese Court Sentences Modded Switch Seller in Nintendo Victory

    Japanese Court Sentences Modded Switch Seller in Nintendo Victory

    Key Takeaways

    1. A Japanese court sentenced Fumihiro Otobe to two years in prison (suspended for three years) for selling modified Switch consoles used for piracy.
    2. Otobe was fined approximately $3,500 for altering Switch motherboards to run pirated games and selling them with a bundle of 27 games.
    3. In contrast, Canadian hacker Gary Bowser received a 40-month prison sentence for creating devices that bypassed the Switch’s anti-piracy features and still owes Nintendo $14.5 million.
    4. Nintendo actively targets emulator creators, leading to the shutdown of the Yuzu emulator following a lawsuit, despite emulators not being illegal.
    5. With upcoming Switch 2 titles priced at $80 or more, hackers are likely to seek ways to bypass the new console’s protections, prompting Nintendo to continue its anti-piracy efforts globally.


    Nintendo has been actively targeting those who enable the illegal downloading of Switch games. While prison sentences have been rare, on April 14th, a 58-year-old individual was found guilty by a Japanese court for selling modified Switch consoles. This ruling represents the first jail time related to Nintendo piracy in Japan.

    Court Ruling and Penalties

    Fumihiro Otobe, the convicted man, received a two-year prison sentence, but the court suspended it for three years. This means he probably won’t serve any time behind bars, but he does have to pay a fine of about $3,500. Otobe altered standard Switch motherboards to run pirated games and sold these modified parts for around $195, which included a bundle of 27 games.

    Comparisons with Other Cases

    In contrast to Otobe’s case, a Canadian hacker got a much harsher punishment. Gary Bowser was arrested in 2020 and sentenced to 40 months in prison. He was part of the Team Xecuter group, which created devices that bypassed the Switch’s anti-piracy features. Bowser was released after 14 months due to good behavior but still owes Nintendo a staggering $14.5 million.

    Nintendo’s Ongoing Battle Against Piracy

    Nintendo has also been firm in its actions against emulator creators. While the company does not view emulators as illegal per se, it acknowledges that these programs, which replicate the Switch on PCs and other devices, are often misused for piracy. Following a lawsuit against Yuzu, a well-known emulator, its developers shut down all activities.

    Modern games often require internet access, which prevents users with pirated versions from accessing essential features. Nevertheless, upcoming Switch 2 titles like Mario Kart World are expected to retail for $80 or more. As a result, hackers are likely already looking for methods to circumvent the new console’s protections. With the stakes higher, Nintendo is set to continue its fight against piracy both in Japan and globally.

    Source:
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  • Nintendo Files $7.5M Lawsuit Against Streamer for Piracy

    Nintendo Files $7.5M Lawsuit Against Streamer for Piracy

    Nintendo has a strong reputation for being tough on piracy, and now, the company is stepping up its game by suing Jesse Keighin, who is known online as EveryGameGuru. Nintendo claims that he has been continuously streaming pirated and emulated Nintendo Switch games, with some of them being showcased even before they were officially released. As reported by 404 Media, the lawsuit elaborates on how Keighin has disregarded typical cease-and-desist letters and takedown notices, shifting his activities across various platforms, including Discord, YouTube, Twitch, and several smaller streaming sites, many of which have recently been shut down, probably due to copyright issues.

    Mocking Nintendo’s Efforts

    Keighin is said to have made fun of Nintendo’s attempts to stop him by creating new accounts each time one got shut down, even going so far as to send taunting messages to the company. The lawsuit mentions that he once boasted about having “a thousand burner channels” and claimed he could “do this all day.” In addition to streaming, he also guided his viewers to emulators like Ryujinx and Yuzu, which enable players to enjoy Switch games without needing the actual Nintendo hardware. These emulators faced removal from platforms like GitHub after previous takedown requests. It’s clear that Nintendo was not pleased with this situation.

    Impact on Marketing Strategies

    Nintendo pointed out that Keighin’s actions put its marketing strategies at risk. He has reportedly streamed unreleased games on multiple occasions, including Mario & Luigi: Brothership. Nintendo argues that these early leaks decreased excitement and disrupted the launch of their games.

    Despite Keighin having a relatively modest following, Nintendo appears to be quite serious about this issue, aiming for $150,000 for each infringement. With more than 50 alleged incidents over the past two years, the total damages could potentially hit $7.5 million. That’s certainly a significant amount of money.

    404 Media


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