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The United States has recommended that a district court impose sentencing of five years and more than $4.5 million in fines against Bowser–Gary Bowser, that is–for the hacker’s role in a copyright-circumvention scheme designed to let the Nintendo Switch play unauthorized or stolen games.
Having pled guilty to conspiracy to circumvent technological measures and trafficking in circumvention devices back in late 2021, Gary Bowser was a member of a group called Xecuter. The group’s devices allowed players to gain illegal access to games on the Nintendo Switch and had previously done similar circumventing on the 3DS. When he pleaded guilty, he agreed to pay the $4.5 million fine, but because the US views him as having played an “essential” role in Xecuter’s operations and connecting with customers, it’s seeking such a long sentence.
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“These factors weight strongly in favor of a lengthy term of incarceration,” a sentencing memorandum reads–referring to the seriousness of the crime and the need to emphasize respect for the law. “Given Team Xecuter’s notoriety, this case will be used nationally as a benchmark for sentences in other major piracy and technology circumvention cases. Crimes like those committed by Mr. Bowser and his cohorts are a serious threat to video gaming users’ experiences.”
This is true in more ways than one. Mario and Peach could likely have a fun time exploring the Mushroom Kingdom if Bowser would just stop capturing her.
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