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Perseus from Australia Since: Nov, 2009 Relationship Status: Mu
#3376: Jun 7th 2022 at 1:37:17 PM

I mean, yes, his crimes were crimes, and my own first thought from the headline was "okay, that seems fair enough...?", but, uh, deliberately and explicitly setting out to ruin the guy's life over software piracy is absolutely excessive and ethically questionable.

Edited by Perseus on Jun 7th 2022 at 6:40:46 PM

Trans rights are human rights.
M1gamiTensei The Scrappy of the Trope Pantheon, God of Thumps from Punished “Brainwashed” M1gami Since: Oct, 2017 Relationship Status: 700 wives and 300 concubines
The Scrappy of the Trope Pantheon, God of Thumps
#3377: Jun 7th 2022 at 1:41:27 PM

CANT BE JUDGED ON ETHICS IF YOU DECIDE THE ETHICS!

Also, a guy named Bowsers hacks a corporation run by a guy named Bowser. Huh.

Due the US Justice department being in on it, I wonder if this opens up Nintendo being more influential in the US government as lobbyists. Considering the amount of ego Nintendo gained after the Switch’s major success, this is kinda worrying to say the least.

Edited by M1gamiTensei on Jun 7th 2022 at 1:44:17 AM

Pantheon server for all who click here. Freaking lost $410 and I am hunting down for a nuke to reign down.
miraculous Goku Black (Apprentice)
Goku Black
#3378: Jun 7th 2022 at 3:44:00 PM

Guys its mostly a suspended sentence. He's not going to jail unless he does this again.

Uh according to the indictment he lost the company 65 million.

His 11 charges include.

  • conspiracy to commit wire fraud

  • wire fraud (four counts)

  • conspiracy to circumvent technological measures and to traffic in circumvention devices

  • trafficking in circumvention devices (four counts)

  • Conspiracy to commit money laundering.

A jail sentence like this is kinda inevitable with this collection of charges. So the fact he's not even doing that is kinda merciful.

Edited by miraculous on Jun 7th 2022 at 3:48:37 AM

"That's right mortal. By channeling my divine rage into power, I have forged a new instrument in which to destroy you."
Protagonist506 from Oregon Since: Dec, 2013 Relationship Status: Chocolate!
#3379: Jun 7th 2022 at 3:48:03 PM

Nintendo is notoriously aggressive with protecting its intellectual property and the like. I would actually call that a bad thing or at least a thing that rubs me the wrong way.

In this case it seems the guy did go above and beyond though, so I'm not sure if the response is necessarily disproportionate.

"Any campaign world where an orc samurai can leap off a landcruiser to fight a herd of Bulbasaurs will always have my vote of confidence"
M1gamiTensei The Scrappy of the Trope Pantheon, God of Thumps from Punished “Brainwashed” M1gami Since: Oct, 2017 Relationship Status: 700 wives and 300 concubines
The Scrappy of the Trope Pantheon, God of Thumps
#3380: Jun 7th 2022 at 4:02:33 PM

"im nintendo now I will copyright strike a pdf of a game guide of Super Mario 64 thats decades old!"

Pantheon server for all who click here. Freaking lost $410 and I am hunting down for a nuke to reign down.
Shaoken Since: Jan, 2001 Relationship Status: Dating Catwoman
#3381: Jun 7th 2022 at 5:32:54 PM

From what was said in the other thread he has to pay 10% from his monthly income so it's not that crippling. Honestly it's hard to tell how much overreacting is being done here.

Ghostninja109 from there, not here. Since: Aug, 2011
#3382: Jun 7th 2022 at 7:29:51 PM

[up]From the article linked by [up]x12:

Following 16 months in custody, a judge sentenced Bowser to 40 months in prison, followed by a 3-year supervisory period. He also has to pay $4.5 million in restitution to Nintendo of America—to be paid in monthly installments not exceeding 10 percent of his monthly income. It is an intentionally harsh sentence designed to deter future hacking.

The recently released court transcripts paint an unflattering picture of Nintendo of America as insecure and unnecessarily punitive. Patel goes as far as to acknowledge the fact that they are not only inflicting a three year prison sentence upon him, but that following his release, “he will be socially isolated and financially destitute.” A situation that the DOJ admits is “very similar to [his situation] when he initially was introduced to Team Xecuter.”

I'd say it's pretty disproportionate. Nintendo has basically admitted that what they're doing is as close as they can get to outright revenge on someone with far less power than they have.

Edited by Ghostninja109 on Jun 7th 2022 at 6:34:26 AM

M84 Oh, bother. from Our little blue planet Since: Jun, 2010 Relationship Status: Chocolate!
Oh, bother.
#3383: Jun 7th 2022 at 7:35:02 PM

The guy apparently ran the hacking team's marketing and customer service.

...Why the fuck do pirates have marketing and customer service.

Disgusted, but not surprised
Irene Siiiiiiiiiiiip from Digital World Since: Aug, 2012 Relationship Status: The Skitty to my Wailord
Siiiiiiiiiiiip
#3384: Jun 7th 2022 at 7:45:13 PM

Cause pirates sell stuff. Pretty normal, really. That's why things like black markets exist, etc.

...It's weird having so many websites and no way to properly display now, lol.
TotemicHero No longer a forum herald from the next level Since: Dec, 2009
No longer a forum herald
#3385: Jun 7th 2022 at 7:55:32 PM

Bit of a tangent, but there's been quite a bit of evidence over the years that various criminal enterprises have their organization break down along roughly the same lines as established legit corporations. And it's not hard to see why, given that those tend towards having found a (practically, not ethically) ideal balance of operational efficiency and funneling profit to the people at the top of the pyramid.

So, no, I'm not surprised in the least a video game piracy group would have a marketing department.

Expergiscēre cras, medior quam hodie. (Awaken tomorrow, better than today.)
M84 Oh, bother. from Our little blue planet Since: Jun, 2010 Relationship Status: Chocolate!
Oh, bother.
#3386: Jun 7th 2022 at 8:06:19 PM

[up][up]I'm more familiar with the videogame piracy that has the pirates distributing the stuff for free.

Disgusted, but not surprised
Irene Siiiiiiiiiiiip from Digital World Since: Aug, 2012 Relationship Status: The Skitty to my Wailord
Siiiiiiiiiiiip
#3387: Jun 7th 2022 at 8:19:07 PM

Ah, fair. Pirating pretty much in context means any form of stealing, so.

...It's weird having so many websites and no way to properly display now, lol.
Protagonist506 from Oregon Since: Dec, 2013 Relationship Status: Chocolate!
#3388: Jun 7th 2022 at 8:33:46 PM

I think the reason why it might be surprising can be explained by a joke I once made in a tabletop RPG:

I once had the players running into a "Black Market" that was a "Bad Guy's Walmart" in a rather literal way. "We're having a sale on cocaine! You can find it next to the bomb aisle!"

It's funny because it's prosaic and mirrors a legitimate business seemingly too literally.

"Any campaign world where an orc samurai can leap off a landcruiser to fight a herd of Bulbasaurs will always have my vote of confidence"
raziel365 Anka Aquila from The Far West Since: Nov, 2011 Relationship Status: I've been dreaming of True Love's Kiss
Anka Aquila
#3389: Jun 7th 2022 at 9:04:33 PM

Is it really any surprise that pirating has become more professional over time?

Putting the morality of pirating aside for a moment, which is another whole discussion, the current state of a lot of AAA games, riffled with DLCs, microtransactions and other nastiness, is an easy target for pirates to hack and unlock content while being given donations of people more than happy to play the full experience without dealing with said headaches.

Or, if you live in a corner of the world like mine, hackers and pirates can sell cracked copies of those games at a cheaper price to people who really can't pony up the cash to buy a lot of these games legitimately because games are made more expensive through import tariffs, and even with steam there's the whole DLC thing.

Instead of focusing on relatives that divide us, maybe we should try to find the absolutes that tie us.
Silasw A procrastination in of itself from a handcart heading to Hell Since: Mar, 2011 Relationship Status: And they all lived happily ever after <3
A procrastination in of itself
#3390: Jun 7th 2022 at 11:47:44 PM

I'd say it's pretty disproportionate. Nintendo has basically admitted that what they're doing is as close as they can get to outright revenge on someone with far less power than they have.

Why?

All you’ve linked to is the fact that it’s been called super harsh by some people. What’s actually so harsh about it? The prison sentence is a decent length, but doesn’t seem absurd for being a big player in an organised crime group. The Do J statement basically says that they’re not actively isolating him but that they’re removing him from his criminal associates and that’s then been spun to be a punitive social isolation.

The last line especially is irrelevant, a criminal sentence is based on the crime committed. You don’t get a lighter sentence because you picked a ‘deserving’ victim.

This all feel like people want to come out and say that stealing from game companies isn’t a ‘real’ crime, but they’re walking around it because it looks bad.

Edited by Silasw on Jun 7th 2022 at 7:48:00 PM

"And the Bunny nails it!" ~ Gabrael "If the UN can get through a day without everyone strangling everyone else so can we." ~ Cyran
M84 Oh, bother. from Our little blue planet Since: Jun, 2010 Relationship Status: Chocolate!
Oh, bother.
#3391: Jun 7th 2022 at 11:56:52 PM

It's even worse because these pirates aren't even distributing the games for free. They're trying to make money off of this too.

It's a black market fencing stolen goods.

Edited by M84 on Jun 8th 2022 at 2:57:06 AM

Disgusted, but not surprised
RainehDaze Figure of Hourai from Scotland (Ten years in the joint) Relationship Status: Serial head-patter
Figure of Hourai
#3392: Jun 8th 2022 at 12:01:35 AM

I'd say my main thought is that it's disturbing if a private company's desire for extra punishment as a deterrence is playing a factor in the actual sentencing of a criminal case. Unless they were pushing for an acquittal, I don't see why what Nintendo wants should matter.

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Shaoken Since: Jan, 2001 Relationship Status: Dating Catwoman
#3393: Jun 8th 2022 at 12:10:01 AM

Counterpoint; the wishes of the victims in a case should be taken under consideration in all cases within reason. To immediately go to the extremes, if the victim wishes for a lighter sentence it'd be bad for the DOJ to go for the high end of the punishment scales, likewise if they wanted a serious sentence and the DOJ went for the bare minimum.

RainehDaze Figure of Hourai from Scotland (Ten years in the joint) Relationship Status: Serial head-patter
Figure of Hourai
#3394: Jun 8th 2022 at 12:17:33 AM

Unless expressed otherwise, it would always be expected that the victim will always desire a harsh punishment, including one that is excessive in terms of the norms for a particular case.

So, if a harsher than normal punishment is given out because a private entity wants it, that's really problematic.

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Shaoken Since: Jan, 2001 Relationship Status: Dating Catwoman
#3395: Jun 8th 2022 at 12:21:37 AM

Is that a fair assumption though? Because I know it's been a documented problem in places that the victim's wishes have often not been taken into consideration for sentencing.

M84 Oh, bother. from Our little blue planet Since: Jun, 2010 Relationship Status: Chocolate!
Oh, bother.
#3396: Jun 8th 2022 at 6:10:01 AM

The Do J statement basically says that they’re not actively isolating him but that they’re removing him from his criminal associates and that’s then been spun to be a punitive social isolation.

And honestly, if cutting him off from his fellow criminals effectively socially isolates him, maybe that's a sign he needs new friends. Who aren't criminals.

Disgusted, but not surprised
Fighteer Lost in Space from The Time Vortex (Time Abyss) Relationship Status: TV Tropes ruined my love life
Lost in Space
#3397: Jun 8th 2022 at 6:14:42 AM

I'll chime in here and concur that just because we don't like Nintendo doesn't mean that this person should get off lightly for what sound like very serious crimes. There is no such thing as a "they deserved it" defense, and hacking for profit absolutely needs to be harshly deterred.

Edited by Fighteer on Jun 8th 2022 at 9:16:27 AM

"It's Occam's Shuriken! If the answer is elusive, never rule out ninjas!"
raziel365 Anka Aquila from The Far West Since: Nov, 2011 Relationship Status: I've been dreaming of True Love's Kiss
Anka Aquila
#3398: Jun 8th 2022 at 6:32:28 AM

Besides, the guy is not being sentenced just for hacking but for a lot more of stuff.

Instead of focusing on relatives that divide us, maybe we should try to find the absolutes that tie us.
FergardStratoavis Lizard Metabolism from Ye Olde Worlde (Less Newbie) Relationship Status: Cast away
Lizard Metabolism
#3399: Jun 8th 2022 at 2:55:27 PM

PC Gamer: Saudi Arabia acquires a chunk of the Embracer Group:

The kingdom of Saudi Arabia has made another major investment in the videogame industry, investing more than $1 billion to acquire an 8.1% stake in Swedish gaming behemoth Embracer Group. The shares will be issued to Savvy Gaming Group, according to Market Watch, a games and esports-focused subsidiary of the country's Public Investment Fund.

"Savvy Gaming Group’s investment of $1 billion enables us to continue executing our strategy proactively from a position of strength across the global gaming industry," Embracer Group CEO Lars Wingefors said in a press release. "Over the past few years, Saudi-based entities have become one of the most significant investors in the global gaming market, and the games market in MENA [Middle East—North Africa] is one of the world’s fastest growing, with $5.7 billion in 2021 revenues and more active gamers than either the US or Western Europe.

"The largest country in this market, by far, is Saudi Arabia, and having visited Saudi Arabia, I have seen the gaming community and the opportunities firsthand. Our relationship with Savvy Gaming Group will enable us to set up a regional hub in Saudi Arabia, from which we will be able to make investments across the MENA region, either organically, via partnerships, joint ventures, or via acquisitions of companies led by strong entrepreneurs."

Saudi Arabia has made a number of major moves into the game space in 2022, through both the Public Investment Fund and the Electronic Gaming Development Company, which between them have made significant investments in Capcom, Nexon, Nintendo, ESL Gaming, and SNK prior to the Embracer deal.

Embracer is the biggest of them all, though: It's not a household name like Electronic Arts or Activision, but it has quietly grown into an industry behemoth; in May it acquired Crystal Dynamics, Eidos Montreal, and Square Enix Montreal, adding them to a roster that also includes Koch Media and Deep Silver, Saber Interactive, Gearbox, 3D Realms, Perfect World, and others.

"This investment in Embracer Group is a starting point for a long-term commitment to the company," Savvy Gaming Group CEO Brian Ward said. "The Embracer team has built a truly unique and leading ecosystem of entrepreneurs and creators at a scale which we believe will continue to generate enormous value for the games community in the coming years."

Both the Public Investment Fund and the Electronic Gaming Development Company are controlled by Mohammed bin Salman, the crown prince and de facto ruler of Saudi Arabia. In 2021, US intelligence agencies determined that bin Salman had approved the 2018 murder of Saudi journalist Jamal Khashoggi, who was tortured, killed and then dismembered while inside the Saudi Arabian consulate in Istanbul, Turkey. Despite the finding, no action was taken against bin Salman by the US or other governments.

How do lizards fly?
M1gamiTensei The Scrappy of the Trope Pantheon, God of Thumps from Punished “Brainwashed” M1gami Since: Oct, 2017 Relationship Status: 700 wives and 300 concubines
The Scrappy of the Trope Pantheon, God of Thumps
#3400: Jun 8th 2022 at 3:08:55 PM

I know the gaming industry is the biggest market of entertainment but I wonder what was the trigger that let the Saudi Arabian crown invest in gaming?

Pantheon server for all who click here. Freaking lost $410 and I am hunting down for a nuke to reign down.

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