Man Convicted of Selling ‘Illegally Modified Nintendo Switches’ Gets Suspended Prison Sentence

Summary

A Japanese man was sentenced to multiple years in prison for “illegally modifying” and selling modded Nintendo Switch consoles.
The distribution comes as a violation of Japan’s Trademark Act, which looks to both safeguard businesses’ trademarks and protect customers.
Nintendo has historically been protective of its copyrights, often going after both console modifications and emulation to maintain its intellectual properties.

A Japanese man has been handed a suspended prison sentence for illegally modifying and selling Nintendo Switch consoles, cited as violating Japan’s Trademark Act. Since its debut in Japan in late 2016, the Nintendo Switch has seen a meteoric rise to become one of the most prolific consoles of its generation. The unique handheld-home console hybrid took not only Japan but the world by storm, currently standing as the third best-selling video game console of all-time. Now, one fan is in hot water for their illegal modifications of the console.

While typically frowned upon by developers, console mods and hacks have become increasingly prominent in the online era of video gaming. Many fans choose to make hardware modifications to their console for the purpose of installing different software on the platform, often a hot-button issue due to the prevalence of privacy. Some have even looked to entirely re-imagine consoles, with one fan turning their PSP into a home console complete with Bluetooth connectivity. However, one fan’s Nintendo Switch modding has found them in hot water with the Japanese legal system.

Nintendo Making Changes to Switch Online App

Nintendo confirms that it is making some changes to the Nintendo Switch Online app in the months ahead.

Japanese Man Arrested for Selling Modified Nintendo Switches

As reported by Dexerto, Japanese news network NTV News has confirmed the arrest of 58-year-old Ryugasaki City resident Fumihiro Otobe, connected with illicit Switch sales. Otobe had reportedly been “welding modified parts” to Nintendo Switch circuit boards, creating and selling illegally modified Nintendo Switch consoles. Otobe was sentenced to two years in prison with a three-year suspension for violations of Japan’s Trademark Act, which aims to protect the registered trademarks of Japanese businesses and customers. Otobe was also issued a significant fine by the Japanese court, owing roughly $3,500 USD in fines.

Though the news report did not reveal specifics on Otobe’s illegal console mod, Nintendo has historically been extremely protective of the gaming juggernaut’s intellectual property. Nintendo has often gone after everything from console modifications to emulation, becoming notorious for handing out sizable cease-and-desist orders to sites hosting illegal downloads. Nintendo’s safeguarding of its brands has even seen the developer come into conflict with other gaming studios, notably engaging in a recent lawsuit with developer Pocketpair over the massively popular Palworld.

Nintendo looks to have plenty of reasons to be extra-protective of its brands, with lots on the way from the gaming juggernaut. Nintendo recently dropped its first official reveal for the upcoming Switch 2, showing off the console for the first time and a variety of new games coming alongside it. The developer also shared more information late last month about plenty of games coming to the original Switch in 2025, including a surprise sequel to Tomodachi Life among others. The most recent arrest serves as a continuation of Nintendo’s ongoing war to safeguard its intellectual property.