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Members Of A Prominent Video Game Piracy Group Have Been Arrested

Several members of Team Xecuter were charged with multiple felony counts and have been taken into custody.

31 Comments

Members of the multinational video game piracy group Team Xecuter are facing multiple felony charges, the US Attorney's Office of the Western District of Washington announced Friday. Max Louarn, Yuanning Chen, and Gary Bowser (yes, that's really his last name) were all charged with 11 felony counts, including wire fraud, trafficking in circumvention devices, and conspiracy to commit money laundering.

"These defendants were allegedly leaders of a notorious international criminal group that reaped illegal profits for years by pirating video game technology of US companies," Brian Rabbitt, Acting Assistant Attorney General of the Justice Department's Criminal Division, said. "These arrests show that the department will hold accountable hackers who seek to commandeer and exploit the intellectual property of American companies for financial gain, no matter where they may be located."

Team Xecuter, known for releasing homebrew software for various video game systems including the Nintendo Switch and 3DS, is comprised of more than a dozen members around the world. The indictment alleges the group "at times cloaked its illegal activity with a purported desire to support gaming enthusiasts who wanted to design their own video games for noncommercial use. However, the overwhelming demand and use for the enterprise's devices was to play pirated video games."

“These defendants lined their pockets by stealing and selling the intellectual property of other video-game developers–even going so far as to make customers pay a licensing fee to play stolen games," US Attorney Brian Moran said. "This conduct doesn't just harm billion-dollar companies, it hijacks the hard work of individuals working to advance in the video-game industry."

The US Attorney's Office notes these charges are still allegations at this point and the defendants have not yet been convicted. The case is being investigated jointly by the Federal Bureau of Investigation and Homeland Security Investigations. Louarn and Bowser were both arrested abroad last month. The US is currently seeking Louarn's extradition to stand trial, while Bowser appeared in federal court in New Jersey Friday.

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tingtong

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Another reason I’m good on the PC jazz…just a different breed of community.. they always gotta be tinkering and f’ing with shit. I don’t want nobody fudging with my favorite games or even ruining my picture of them…would rather wait for some legit new material from the developers…perfectly content with getting the occasional expansion pack etc; then if its got solid multiplayer it has all the replay value I could want.

Still supportive from other angles though…do what you want with other media.

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masonshoemocker

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The last time I heard about Team Xecuter was during the Xbox 360 gen. All these guys did was make and sell PCBs. They didn't wire the chips into the consoles themselves. Why is the government messing with them now??

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dragonsama

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People should be able to mod what they own. Period. It's my device and I should be free to do with it as I please. if they were selling ROMs and such , fine sue them. that's not what they were doing here. they were selling hardware mods and that should not be illegal.

Right to Repair and Right to Tinker should be law.

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nintendians

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bond to get caught anyway.

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Thanatos2k

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If they were selling stuff, yeah, arrest them. But don't pretend like "protecting intellectual property" is some grand ideal.

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DaVillain

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DaVillain  Moderator  Online

Gary Bowser? Are we sure he's not related to Doug Bowser (AKA Nintendo President of American) at all?

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crashchaos

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Anyone find it hilarious that Brian Rabbitt's last name is Rabbitt?

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ChunkyDrawers

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"Bowser appeared in federal court in New Jersey today"

Was he provided with a Bowser costume at least?

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ZombieVirolina

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Only took them 20+ years.

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BDRTFM

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The biggest problem with Team Xecuter is that they sell hardware exploits. Releasing software exploits into the wild is bad enough but people usually don't make money off of it. Making and selling PCB's and other devices like modchips, nand kits, probes, SATA to USB mass storage controllers etc. that you can connect to a game system to circumvent its security is a whole other level of piracy. Its also a heck of a lot easier to prove someone is creating hardware and selling it for piracy than it is to prove who is writing software and releasing it because, once the software is out there, its everywhere.

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jjmy137900

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so long Gary Bowser

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dvdjedi

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@jjmy137900: I see what you did there. Well done! 😂

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Just1MoHr

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Give me a fakin break!

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SbargoVox3

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"This conduct doesn't just harm billion-dollar companies..."

That... that hits right in the soul, man.

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joalopes

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@sbargovox3: You bet. As if they are now going to hire a lot more people or raise wages.

I don't condemn justice working to shutdown an illegal endeavor but please apply it to all.

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Agent_Stroud

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While I do agree that piracy isn’t good for the industry, I also have to point out that a lot of the anti-consumer practices that have been going on in the industry aren’t good for its wellbeing either, thus I’m kinda torn on which side to root for and have settled on staying on the sidelines this time around.

18 • 
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joalopes

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Great. Now fix the gaming industry price fixing issue that is also illegal.

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/dealings-competitors/price-fixing

For instance how for sometime now, several industry "influencers" are trying to convince us that it makes total sense to raise game prices to $70, £70, €70.
It would also be good to investigate why the industry seems to think that $70=£70=€70.

Perhaps it would be good to investigate EU gaming companies and ask them why UK and EU prices are higher than US prices when said companies are actually receiving incentives from several governments.

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xxmavr1kxx

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@joalopes: I dont know the exact break downs, but there is Tax, maybe Tariff and exchange rates that factor into those prices. So the question for the EU companies would be what is the profit from an EU game compared to a US game sold?

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joalopes

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@xxmavr1kxx: There are many articles discussing this. This is one from 2014 so things changed a bit since then.

https://www.pcgamer.com/the-weird-ecomomics-behind-steam-prices-around-the-world/

It's really hard to find the profit per unit sales per region. No one is sharing that information.

But for me raising prices to $70 is a much bigger issue..

And regarding this we do have a lot of information. Games are not more expensive to develop now then they were 10 years ago.

There's plenty of evidence to prove that.

https://en.m.wikipedia.org/wiki/List_of_most_expensive_video_games_to_develop

Game development cost hasn't changed that much over the last decade.

But even if it did how come a game like NBA 2K20 or Fifa costs the same as a game like Cyberpunk 2077?

I find it very hard to believe that NBA2k20 had a similar developement cost as Cyberpunk.

It's simple. Publishers , game developers just want more. And for more this is irresponsible rich industry behavior.

It's turning gaming into a luxury. It used to be possible to enjoy games even if you were not rich. And worse of all it seems these guys completely forget our generations had not one but two economic crisis. Yet the gaming industry did not suffer the economic crisis at all. It has grown year over year.

Isn't it time to give back to those that helped it grow?

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deactivated-64efdf49333c4

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@joalopes: Dude, games have cost $60 to $70 since the NES era. And you can argue they were greedier back then when the average cost was measured in the THOUSANDS of dollars and not millions. Nowadays spending $50 million or so is just enough to break even. And yet games still charge the same price. The price increase is entirely justified. And I was saying that LAST GEN.

And so what if they increase the price? In a few months the price will drop due to discounts. In a year, you'll be able to get it for $20. I'd rather they charge $90 for a game, and have all DLC included, then charge $60, cut out all the DLC and add microtransactions. That $90 game will drop in price but that $60 game, especially if it does well, might never see its DLC drop in price for upwards of 5 years.

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Icyhugs

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@Barighm: dude games used to cost 50 dollars in the 90s in fact they only raised the price in 2006 when the 360 came out.

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deactivated-64efdf49333c4

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@Icyhugs: I was actually there, kid. I had Double Dragon 2 and Contra in my hands, but my mom refused to buy them because they were $70 (Can). I had to settle for Goonies 2 and Mystic Quest instead. Don't tell me how much games cost back then.

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ender003

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@joalopes: Taking inflation into account, games used to cost the consumer a lot more. There were $70 games over 20 years ago.

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Jinzo_111887

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Edited By Jinzo_111887

This is a tricky subject. Hacking a system shouldn't be illegal. It's what you choose to do afterwards with it that's illegal. I mean, I don't see what the issue is with buying Duke Nukem 3D from Steam or Teenagent from GOG and running them on a homebrew enabled Wii and playing them through eduke 32 and SCUMMVM respectively. If it were to get the games from an illegal source, that would be change matters, but the point I'm trying to make is that there's legitimate uses for homebrew.

Edit: I have to wonder if Gary Bowser is related to Doug Bowser.

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Yomigaeru

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@Jinzo_111887:

I think the issue here is that they were profiting from it. It sounds like they were selling their hacks/devices that were used to circumvent anti-piracy measures, and that's definitely going to draw the ire of corporations.

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Jinzo_111887

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@Yomigaeru: I've heard Sharpies have been used for that kind of thing too years ago, but does that mean it's illegal to profit off of selling Sharpies? Just because something is capable of being used for bad doesn't mean the person buying it will be using it for bad.

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BassMan

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They need to target the cheat makers who ruin online games.

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spectral

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@BassMan: Can they? I'm not actually sure if the cheat apps are technically illegal. They break a games ToS but those aren't a law.

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BassMan

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Edited By BassMan

@spectral said:

@BassMan: Can they? I'm not actually sure if the cheat apps are technically illegal. They break a games ToS but those aren't a law.

Epic Games has sued cheat makers multiple times. All companies should be doing this. This acts as a deterrent and a punishment for those who get caught.

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spectral

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@BassMan: Have any of their attempts actually succeeded though? You can sue for almost anything, it doesn't mean you have a case. While I'm with you that the cheating really sucks and I wish they could stamp it out. I also can't really see which laws are being broken.

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