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1 hour ago, digdugnate said:

my tongue-in-cheek response to Mrs. DD when I was telling her about the article was "Why doesn't Nintendo just make it a 100 million bajillion dollars, like in Austin Powers?" ?

There comes a point where it might as well be because there's no earthly way the person could possibly pay it back. 

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On 12/8/2021 at 4:19 AM, digdugnate said:

Sheesh...

 

I did not know Gary personally. Way back in the 90's I sent his company an inquiry about how to pay for a TIM chip for the TI and got no response. Shortly after he was "disinvited" to the Chicago Faire for numerous complaints of not shipping promised product.

 

Much later on the internet I encountered him in the TI Yahoo Group and here. I spoke with him a few times about my XB3 supercart; it was good to get clarification of how many were shipped. I heard how he was doing XBox mods now and thought "ah, more of the same" and decided I wouldn't send any money his way.

 

Despite the fact you can say justice finally caught up to a grifter, it's still pretty sad. I'm not sure why Nintendo is levying another 10 million fine, it just sounds like they are using him as an example to scare other pirates and hackers.

 

Of course if he has the money to actually pay those fines... 

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  • 2 months later...

Ouch......

 

(link previously posted)

https://arstechnica.com/gaming/2022/02/bowser-sentenced-to-40-months-for-team-xecuters-console-hacking

 

I'm for protecting IP and such, but there needs to be a balance here... sounds like he wasn't even the ring leader, but since he was the PR, he was the most "visible" to set an example.  

 

Don't even get me started on the US's incarceration rates per capita.

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Ouch......
 
(link previously posted)
https://arstechnica.com/gaming/2022/02/bowser-sentenced-to-40-months-for-team-xecuters-console-hacking
 
I'm for protecting IP and such, but there needs to be a balance here... sounds like he wasn't even the ring leader, but since he was the PR, he was the most "visible" to set an example.  
 
Don't even get me started on the US's incarceration rates per capita.
Likely they could only prove he did the actual design

Sent from my Pixel 6 Pro using Tapatalk

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  • 2 months later...
  • 4 weeks later...
On 6/7/2022 at 11:30 AM, digdugnate said:

Nintendo sez: Let's make an example of him!

 

https://www.axios.com/2022/06/06/nintendo-hacker-court-transcript

 

Quote

“This is a very significant moment for us,” Nintendo lawyer Ajay Singh told the court at the time, as he laid out the company’s case against piracy and awaited the sentencing.

 

As I suspected.

 

Quote

At the hearing, U.S. District Judge Robert Lasnik noted that TV and movies glorify hackers as “sticking it to the man,” suggesting that “big companies are reaping tremendous profits and it’s good for the little guy to have this.”

 

Ahh, the old The Program gambit.  (This movie was blamed for the deaths of two teenagers who laid down on lane markers, as had been done in the movie.)

 

Quote

“What do you think?” Lasnik asked Nintendo’s lawyer at one point. “What else can we do to convince people that there’s no glory in this hacking/piracy?”


“There would be a large benefit to further education of the public,” Singh replied.

 

Such as "Don't Copy That Floppy," "You Wouldn't Download a Car," the Manny commercials, the I Dated a Robot episode of "Futurama," the warning on every package, every splash screen, every tape, DVD, and Bluray in existence, &c.  The "education" is out there.

 

Quote

In brief remarks directly to Lasnik, Bowser said longer prison time wouldn’t scare off hackers. “There’s so much money to be made from piracy that it’s insignificant,” he said.

 

He is not wrong.  "Deterrents do not work" is not just a maxim of criminology, it is proven.

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Considering Nintendo has said that they no longer will be doing first-party emulation on their platforms like the Wii's Virtual Console and DS-ware downloadable versions of old Nintendo classic games, i say F them.

Ever since the death of Satoru Iwata, Nintendo has not been the same.

... Having said that though, i'm not for outright, blatant piracy. I AM for preservation of vintage hardware and software though.

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It is worth mentioning that deterrents do not work, yes-- It is also worth mentioning, that Nintendo's fundamental premise is wrong; Many studies have been conducted to determine if there is any weight to the notion that piracy results in lost sales. The research has consistently show that pirates purchase more media than non-pirates, and additionally, that enforcement efforts have less than 1% change in gross revenue to show for it. Combined, this means that Nintendo's "Lost sales" mantra, is simply false.

 

Did OPA Gary totally do commercial copyright conspiracy?

 

YES.

 

Does piracy do what Nintendo says it does?

 

NO.

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He still has pending charges in Canada for a CD/DVD pirating operation that he was involved in. That is the reason that he ended up in the DR - he fled Canada to avoid prosecution on those charges. He will likely be prosecuted there upon his release from Federal custody. His history goes back to the TIM/SOB debacle wherein he pocked the money for items ordered and never delivered much of the product. A gifted programmer - yes. A crooked individual - yes.

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1 hour ago, JB said:

And Nintendo themselves pirated Space Invaders.

Come again?

18 minutes ago, dhe said:

Yes... But the people you mentioned (gates, etc) - can afford power law firms to focus on the case. I imagine Gary had a public defender, and if that's all you can afford in the US, your better off throwing yourself on the 'mercy' of the courts.

Gary has several attorneys working his case.  His first docket was apparently a federal public defender, working for 31 years.  I have known a couple of PDs and they are good and well-paid attorneys.  Public defenders are not always the wet-behind-the-ears youngsters working for free with a Starbucks in one hand and folders of cases strapped to their bodies by their other arm like you see on TV.

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>Gary has several attorneys working his case.  His first docket was apparently a federal public defender, working for 31 years.  I have known a couple of PDs and they are good and well-paid attorneys.  Public defenders are not always the wet-behind-the-ears youngsters working for free with a Starbucks in one hand and folders of cases strapped to their bodies by their other arm like you see on TV.

 

Not been my experience. I have many family members that are legally involved and their public defenders where HORRIBLE. And I've set some jury trials and the PD's where also bad. So - Guess your mileage may vary.

 

 

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1 hour ago, dhe said:

Not been my experience. I have many family members that are legally involved and their public defenders where HORRIBLE. And I've set some jury trials and the PD's where also bad. So - Guess your mileage may vary.

Fair enough, but are you talking local or federal?

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