Switch modders arrested for selling consoles with ‘improved’ performance
Four Individuals Face Charges Over Modified Nintendo Switch Sales
Four men in Japan have been accused of selling altered Nintendo Switch consoles, which they allege offer enhanced performance compared to the standard model. The Kyoto Prefectural Police initiated the investigation after receiving guidance from Nintendo, leading to the group’s referral to prosecutors.
Nintendo has consistently opposed hardware modifications, particularly when they are sold commercially. The company’s stance was notably highlighted in the case of Gary Bowser, who was fined £11 million for distributing modified Switch devices—a sum he may never fully repay.
Modified Consoles and Legal Consequences
Japanese news outlet YTV, via its English translation, reported that the accused modified 45 Switch units and sold 15 through social media last year. The group is believed to have earned between 600,000 and 900,000 yen from these sales, equivalent to £2,837 to £4,256. While the exact price per console isn’t specified, estimates suggest individual units sold for as little as 40,000 yen, roughly £189—less than the official price of £259.99.
“We were just trying to make some pocket money,” one of the accused stated, explaining their actions.
Two members of the group are 18 and 19 years old, while the others are in their 20s and 30s. Their primary offense appears to be trademark infringement under Japan’s Trademark Act, as the modifications allegedly enable pirated game play and improved performance. However, the validity of the performance claim is secondary to the legal issue at hand.
This case marks the first time in Japan’s history that individuals have been arrested for altering and selling Switch consoles, with potential prison time looming. Last year, a 50-year-old man received a two-year suspended sentence for similar activities, accompanied by a 500,000 yen fine, or £2,365.
The outcome for the four men remains uncertain. They may face suspended sentences and fines, though it’s unclear if the penalties will be shared collectively or applied individually. The case underscores Nintendo’s ongoing efforts to curb unauthorized modifications in the gaming market.
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