Switch modders arrested for selling consoles with ‘improved’ performance
Four individuals arrested for selling modified Nintendo Switch devices
A recent crackdown has led to the arrest of a quartet of men accused of altering and selling Nintendo Switch consoles, which they claimed offered enhanced performance capabilities.
Nintendo’s stance on hardware modifications
The company has consistently expressed disapproval of unauthorized modifications to its consoles, particularly when such changes are sold for financial gain. This stance was notably highlighted in the case of Gary Bowser, who was fined £11 million for distributing modified Switch units. His penalty remains unpaid, marking a significant legal precedent.
Recent arrests in Japan
This week, four individuals in Japan are now under criminal investigation for allegedly modifying 45 Switch consoles and selling 15 of them via social media platforms last year. According to reports from YTV (translated by Automaton), the group earned between 600,000 to 900,000 yen from these sales—approximately £2,837 to £4,256. The exact pricing of each unit is unspecified, though some were sold for as low as 40,000 yen, around £189, undercutting the standard £259.99 retail price.
They confessed to their actions, stating they were ‘just trying to make some pocket money.’
Legal implications and possible consequences
The Kyoto Prefectural Police referred the case to prosecutors after collaborating with Nintendo. While the performance enhancements of the modified consoles are uncertain, the primary issue lies in their alleged infringement of Nintendo’s trademark rights under Japan’s Trademark Act. The group may face suspended prison sentences and fines, though it remains unclear whether penalties will be collective or individual.
Previously, a man in his 50s received a two-year prison term for a similar offense, though his sentence was later suspended. He was also fined 500,000 yen (£2,365), a notable but less severe penalty compared to Gary Bowser’s £11 million fine.
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