58-year-old man handed suspended prison sentence and hefty fine after what he did to Nintendo Switch
If Nintendo have made anything clear over the past couple of years is that it is willing to punish those who break their rules, and one 58-year-old man has learnt that the hard way after being landed with a suspended prison sentence and a hefty fine.
One of the biggest changes Nintendo has implemented going into the release of the Switch 2 how strict they are with any attempts to modify or jailbreak the console.
The original Nintendo Switch had a notable issue with piracy both on the console and in the world of PC emulation, and after forcibly shutting down several distribution websites Nintendo implemented rules that let the company brick your console.
One YouTuber is even facing jail time for playing retro consoles due to the reproduction of Nintendo copyright materials, and the company has continued its tirade now with a case against one prominent modder in Japan.
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Why has the man been given a suspended sentence?
As reported by the Metro, 58-year-old Fumuhiro Otobe was arrested earlier this year for modifying Nintendo Switch consoles and selling them for 28,000 yen, which works out at roughly $190.
The modifications in question allowed people to install and play pirated games on the console, which is typically achieved by using special flash drives that can store 'dumped' games that are found on the internet.
Otobe's case serves as a particular landmark in Japan as it's the first to involve charges related to console modifications and sales, alongside infringement of Nintendo's trademark rights.
What sentence and fines were issued to Otobe?
Thankfully Otobe was 'only' handed a suspended sentence of three years, which means that he doesn't actually have to go to prison if he doesn't commit another crime within that time period, but he also has to pay a fine of 500,000 yen, which equates to around $3,363.44.
It's unclear how many modded Switch consoles he managed to sell, but that equates to around 18, so it would be intriguing to know if he still managed to make a profit when you factor in the initial cost of the device too.
This appears to have set a new legal precedent in Japan as it is the first of its kind, and some are speculating whether the next person to be charged with a similar crime will be afforded the same suspended leniency.
"Wow, that's pretty wild," wrote one comment in response to the news on Reddit. "I mean, a suspended sentence is pretty much just a formality (especially with the fine being just a few thousand bucks), but it still sets a precedent [...] Maybe the next guy won't have their sentence suspended, or will have the probationary terms set to something silly like not being allowed to use the internet... I hope Japan's judicial system is thinking ahead on this one."