Wednesday, September 30, 2020

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Nintendo 'Wins' $2 Million Judgment Against Switch Piracy Hack Store
Ernesto Van der Sar, 30 Sep 10:27 PM

team xecuterNintendo is doing everything in its power to stop the public from playing pirated games on the Switch console.

Their major adversary is the infamous hacking group Team-Xecuter, which released several 'jailbreak' hacks for the games console.

After cracking Switch's original technical protections in 2018, Team-Xecuter released a new range of products this year. These SX Core and SX Lite chips work on all Switch classic and Lite consoles, while previous 'hacks' were limited to a subset of devices.

Nintendo Sues Uberchips.com

As Nintendo's efforts to go directly after Team-Xecuter failed, the games company targeted several stores that offered these new hacks for sale instead. They included Uberchips.com, which is operated by Ohio resident Tom Dilts Jr.

Soon after the lawsuit was filed Uberchips went offline, but the lawsuit didn't disappear. Uberchips' owner realized this and in June he responded in court through his attorney, denying pretty much all allegations.

After this initial response things went quiet, at least in court. Behind the scenes, however, both parties got together to see if there was a way to resolve the matter. This week, they reached an agreement.

Uberchips Agrees to Pay $2 million

In a joint filing, Nintendo and the Uberchips operator submitted a proposed final judgment and a permanent injunction. As expected, Dilts is prohibited from selling Team-Xecuter chips or similar devices going forward. In addition, there's also a hefty damages award of $2 million.

"Plaintiff is hereby awarded judgment against all Defendants, jointly and severally, in the amount of US$2,000,000.00," the proposed judgment reads, adding that both parties will cover their own legal costs.

uberchips consent judgment

It is not uncommon for settlements to be higher on paper than they are in reality. We can't say whether that's the case here, but considering the scale of the award, it's certainly possible.

Permanent Injunction

The permanent injunction both parties agreed on prohibits the site operator from trafficking in any circumvention devices, including SX Pro, SX Core, and SX Lite. Infringing Nintendo's copyrights in any other way is not an option either, and all remaining stock must be destroyed.

"The Court further orders […] the seizure, impoundment, and/or destruction of all Circumvention Devices, all copies of SX OS, and all other electronic material or physical devices within Defendants' custody, possession, or control..," the proposed order reads.

Finally, Dilts can no longer maintain the Uberchips Facebook group or any type of related social media, and must hand over the Uberchips.com domain name to Nintendo.

The proposed judgment has yet to be signed off by the court. However, considering that it has been submitted with the consent of both parties, that shouldn't be much of a problem. When signed off, the case will effectively end.

Lawsuit Against Eight Other Stores Still Ongoing

Uberchips was the only known operator of the 'Team-Xecuter' stores Nintendo went after. A separate case, filed against eight presumably foreign site operators, remains ongoing.

In that case, the game giant has thus far been unable to identify the owners. For this reason it recently asked for a permanent injunction so it can ask domain registrars and hosting companies to shut them down.

Team-Xecuter is not a party in any of these lawsuits but denies that it's a "piracy" group producing piracy tools. Instead, it accused Nintendo of censorship, monopolistic control, and legal scare tactics.

A copy of the proposed final judgment and permanent injunction against Uberchips.com and its operator Tom Dilts Jr is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

BBC & ITV Reveal Settlement to Shut Down UKTVEverywhere IPTV Service
Andy Maxwell, 30 Sep 10:08 AM

IPTVWhen UK citizens move overseas they often report missing out on basic things they take for granted at home. Colman's mustard, Yorkshire tea, Cadbury's chocolate, Kelloggs Cornflakes and Marmite all get a mention, but entertainment is often high on the list too.

Brits are known for their love of soaps, including the long-running Eastenders and Coronation Street, for example. Moving abroad often means missing out on these home comforts but for many years ex-pats have found ways to access these shows abroad, with many turning to various IPTV services to get their fix.

UKTVEverywhere – Endorsed by the Rich and Infulential

One of the services established to scratch this particular itch was US-based UKTVEverywhere. The service offered a long list of UK TV channels that on home soil were ordinarily covered by a regular TV license. However, by capturing these signals in the UK and broadcasting them worldwide, the service became popular with viewers overseas, including some notable celebrities.

UKTVEverywhere

For example, business tycoon and The Apprentice star Lord Sugar (Alan Sugar) regularly took to Twitter to reveal that he was enjoying the services of UKTVEverywhere while living in the United States. There was no obvious sign that he was getting paid for the endorsements but on more than one occasion the businessman promoted the IPTV platform.

Similarly flattering comments were also tweeted by outspoken broadcaster and journalist Piers Morgan, who said he was using UKTVEverywhere to watch a UK football show in the United States and highly recommended the service to "all Brits living abroad."

But despite these presumably free plugs from the rich and famous, UKTVEverywhere was running on borrowed time. Many shows broadcast on these channels are owned by divisions of two broadcasters – the BBC and ITV – and it appears they weren't happy with the IPTV service making money from its programming.

BBC & ITV Channels Disappear: The Beginning of the End

After previously noting that displaying their logos raised trademark issues, several months ago UKTVEverywhere announced that it would stop offering channels from the BBC and ITV. They weren't the only channels offered by the IPTV provider but given the target audience, that meant that the big soaps and other popular titles such as Doctor Who and Love Island would no longer be available.

Without these, ex-pats were unlikely to favor the service and sure enough, it eventually disappeared leaving subscribers high and dry with reportedly no refunds issued.

As many expected, the demise of the service was linked to legal action by BBC Studios and ITV, a fact now confirmed by a message on the site's homepage.

"This domain name has been transferred to the BBC and ITV in settlement of their copyright dispute against its former owner," it reads.

"BBC One, BBC Two, BBC iPlayer, along with ITV and ITV Hub are not lawfully available outside of the UK. It is an infringement of copyright to distribute, publicly perform or reproduce the content on these channels, without the consent of the respective copyright owners, or to induce such infringement."

UKTV - Britbox

A joint statement from the BBC and ITV puts more meat on the bones.

"As producers and distributors of premium content, we have the right and obligation to take action against piracy, in accordance with relevant laws in the territories we operate. Ensuring that our content is viewed legally, equally ensures we will be able to bring our viewers the programs they love and expect," the companies say.

"BBC Studios and ITV both produce thousands of hours of quality British programming, which in turn gives vital employment to writers, producers, cast and crew. Illegal streaming of this content means a wide range of workers were being deprived of their rightful earnings."

BritBox: New Domain Owner Standing By To Do Business

A check of domain WHOIS records reveals that the UKTVEverywhere.com domain is now owned by Denipurna Limited, a company associated with the BBC and ITV streaming service BritBox. Having launched in the United States during 2017, BritBox subsequently launched in Canada and then the UK, with an Australian release penned in for 2020.

Given that BritBox offers episodes of national favorites such as EastEnders and Coronation Street within hours of them airing in the UK, it is clear why both the BBC and ITV wanted UKTVEverywhere out of the market, a short-term mission that has now been accomplished.

However, there are dozens of other platforms offering similar services, including many mainstream 'pirate' IPTV suppliers, so the job isn't done yet, not by a long way.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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