Nintendo hacker Gary Bowser pleads guilty to hacking charges

Gary Bowser, a 51-year-old Canadian hacker (not to be confused with Nintendo of America president Doug Bowser, or … you know, Mario’s nemesis), pleaded guilty to multiple hacking charges against Nintendo. . Now he must pay $ 4.5 million and faces up to 10 years in jail, Eurogamer reports.

Bowser initially denied allegations that he worked with the hacking group Team-Xecuter, which designed and sold console modchips that allowed users to play pirated games, also known as “ROMs.”

The notoriously litigious Nintendo had hounded Team-Xecuter for several years. Last October, the United States government teamed up with Nintendo to initiate criminal proceedings against three members of the hacking group. Team-Xecuter maintained that its products were not specifically designed for piracy and supported the “right to repair” and home gaming communities.

This was not enough to save Bowser, who was arrested in the Dominican Republic in 2020 and deported to the United States. Bowser also operated under the name “GaryOPA”, operating and writing for a site called MaxConsole, which frequently covered Team-Xecuter software. The US government indicated that his relationship with Team-Xecuter went deeper than being a mere writer, claiming that he advertised and trafficked illegally pirated software.

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Bowser originally denied the hacking allegations, but changed his position last week to plead guilty. He admitted to working with Team-Xecuter since 2013, and signed a statement saying that he “knowingly and voluntarily participated in a cybercriminal enterprise that hacked major game consoles and developed, manufactured, marketed and sold a variety of evasion devices. that allowed the company’s customers to play pirated versions of copyrighted video games. “

Bowser’s official accusations include “conspiracy to circumvent technological measures and trafficking in circumvention devices,” as well as “violating the anti-circumvention provision of the DMCA.” Both charges carry a maximum sentence of five years in prison.

Bowser also admitted to making “at least tens of millions of dollars in profit” from his hacking devices, although Bowser only made a fraction of that.

In addition to his $ 4.5 million fine, Bowser also agreed to help the US government locate any additional Team-Xecuter assets. As part of the plea deal, the government dropped nine additional charges, including conspiracy to commit wire fraud. Bowser’s final judgment will be issued in the future following the final recommendations of the defense and the prosecution.

As if Bowser’s future wasn’t dire enough, Nintendo directly sued him this past April as well. That case is still ongoing and Bowser has yet to file an official response to it.

Bowser’s co-defendant, Max Louarn, a 48-year-old French national, was arrested in Canada. The third co-defendant, Yuanning Chen of Shenzhen, China, 35, remains at large.

As mentioned above, Nintendo has been particularly litigious against ROMs for its games and software. The company won a lawsuit against RomUniverse, a Rom hosting website, ordered to pay $ 2 million in damages and destroy all of its pirated games, and issued a court order prohibiting the site operator from “copying, distributing, selling or even reproducing unauthorized copies of Nintendo games. “

Joseph Knoop is a writer / producer for IGN.