Court Orders GoDaddy to Transfer Piracy Hack Store Domain to Nintendo

A federal court in Seattle has clarified that all third party intermediaries must cut their ties to a group of Nintendo ‘piracy hack’ stores. The order was prompted by GoDaddy’s refusal to transfer the Stxwitch.com domain to Nintendo. While the new order applies to any “variant or successor” of the stores, it’s not clearly defined what this actually means.

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stxwitch.comNintendo is doing all it can to stop the distribution of piracy enabling hacks and modchips, including SX Core and SX Lite.

Earlier this year, the company sued a group of known ‘offenders’ that sell these tools. After the stores failed to show up in court, Nintendo requested a default judgment and permanent injunction, which was granted soon after.

Injunction ‘Shuts Down’ Modchip Stores

The injunction was a clear victory as it allowed the Japanese gaming giant to shut down several sites, including TXswitch.com, SXflashcard.com and Axiogame.com. These domain names were later transferred to the company as well.

That success wasn’t permanent though. While some stores may have vanished permanently, others have continued under new names. In the case of Txswitch.com that was pretty obvious.

A day after Txswitch.com was pulled offline, the store made a comeback on Stxwitch.com. This site looks nearly identical to the old one and even uses the same logo and code.

GoDaddy Refuses to Take Down New Domain

This type of ‘domain hopping’ is common in pirate circles and Nintendo was somewhat prepared for it. The injunction includes a section which states that “any variant or successor” of the stores is also covered, so Nintendo swiftly asked domain registrar GoDaddy to suspend the new domain as well.

However, GoDaddy refused. Despite the mention that successors are covered, the domain registrar requested a new court order which specifically mentions Stxwitch.com.

To resolve this standoff Nintendo went to court again, requesting clarification, which came this week in the form of a new order, issued by US District Court Judge Thomas Zilly.

STXWITCH.COM Has to Go Offline

“STXWITCH.COM is a ‘variant or successor’ domain name as that term is used in the Judgment,” Judge Zilly writes, stressing that all intermediaries have to cut their ties with the site.

“Defendants and all third parties acting in active concert and participation with Defendants, including registrars, are ENJOINED from supporting or facilitating access to STXWITCH.COM, and are ORDERED to cease to use the domain name STXWITCH.COM and immediately transfer STXWITCH.COM to Nintendo’s control.”

At the time of writing the store is still online, but with this order in hand, that likely won’t be the case for long. However, that doesn’t mean that it can’t reappear under yet another new domain.

All ‘Variants and Successors’ are Covered

If that happens, Nintendo doesn’t have to go to court again, Judge Zilly clarifies. GoDaddy and all other domain registrars, registries, and other intermediaries will have to take action against sites operated by the defendants, no matter what domain they use.

“For avoidance of doubt, the Court’s Judgment applies to all domain names controlled by Defendants through which Defendants engage in the conduct found to be unlawful in this lawsuit, whether or not the exact domain name is explicitly listed in the Judgment,” the order reads.

While this sounds very clear and obvious, it does raise some questions. When is a new domain a ‘variant or successor’?

Questions Remain

In the case of Txswitch the similarities were rather striking, as the same code and design were used. But what if Nintendo ‘suspects’ that the defendants are making a comeback from a different domain with a different look?

What evidence does Nintendo need to show that a new domain is a ‘variant or successor’ and is it then up to a company such as GoDaddy to ‘judge’ whether this is enough?

These are all hypothetical situations but it is likely that GoDaddy refused Nintendo’s initial request because they don’t want to be the arbiter. Future refusals will come at a price, however, as Judge Zilly ruled that failing to comply opens the door to punitive and monetary sanctions.

Legal uncertainty aside, this order doesn’t necessarily end the ‘whack-a-mole.’ There are plenty of foreign registrars and registries that don’t fall under the jurisdiction of US courts. Some of these will demand a local court order from Nintendo, which will start the process all over again.

TorrentFreak reached out to Stxwitch to ask what their plans are for the future. We have yet to hear back, but at the time of writing, they are still accepting new orders.

A copy of the order from US District Court Judge Thomas Zilly is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

How many turkey feathers does it take to make an ancient blanket? 11,500

You’d need the feathers from four to 10 turkeys, according to WSU anthropologists.

A fluffy gray blanket next to a coil of cord.

Enlarge / A segment of fiber cord that has been wrapped with turkey feathers, along with a single downy feather. (credit: Washington State University)

Indigenous Pueblo populations in the American Southwest—ancestors of today's Hopi, Zuni, and Rio Grande Pueblo tribes—typically wove blankets, cloaks, and funeral wrappings out of animal hides, furs, and turkey feathers. Anthropologists at Washington State University (WSU) have examined one such ancient turkey-feather blanket and determined it took thousands of those feathers, wrapped around nearly 200 yards to yucca fiber, to make, according to a new paper published in the Journal of Archaeological Science: Reports.

"Blankets or robes made with turkey feathers as the insulating medium were widely used by Ancestral Pueblo people in what is now the Upland Southwest, but little is known about how they were made because so few such textiles have survived due to their perishable nature," said co-author Bill Lipe, emeritus professor of anthropology at WSU. "The goal of this study was to shed new light on the production of turkey feather blankets and explore the economic and cultural aspects of raising turkeys to supply the feathers."

For their study, Lipe and his WSU colleague and co-author, Shannon Tushingham, studied a blanket framework on display at the Edge of the Cedars State Park Museum in Blanding, Utah. Although insects had devoured the original feather vanes and barbs, the shafts were still visible, wrapped around yucca fiber cords. They were also able to look at a second, smaller blanket which still had most of its feathers intact. Both blankets roughly date to the early 1200s CE.

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A mildly insane idea for disabling the coronavirus

What happens when you set biotechnologists loose without any practicality limits?

Colorful blobs cluster together like a bunch of grapes.

Enlarge / Diagram of the structure of the virus' spike protein. (credit: McLellan Lab, University of Texas at Austin)

When the COVID-19 pandemic was first recognized for the threat that it is, researchers scrambled to find anything that might block the virus' spread. While vaccines have grabbed much of the attention lately, there was also the hope that we could develop a therapy that would block the worst effects of the virus. Most of these have been extremely practical: identify enzymes that are essential for the virus to replicate, and test drugs that block similar enzymes from other viruses. These drugs are designed to be relatively easy to store and administer and, in some cases, have already been tested for safety in humans, making them reasonable choices for getting something ready for use quickly.

But the tools we've developed in biotechnology allow us to do some far less practical things, and a paper released today describes how they can be put to use to inactivate SARS-CoV-2. This is in no way a route to a practical therapy, but it does provide a fantastic window into what we can accomplish by manipulating biology.

Throw it in the trash

The whole effort described in the new paper is focused on a simple idea: if you figure out how to wreck one of the virus' key proteins, it won't be able to infect anything. And, conveniently, our cells have a system for destroying proteins, since that's often a useful thing to do. In some cases, the proteins that are destroyed are damaged; in others, the proteins are made and destroyed at elevated paces to allow the cell to respond to changing conditions rapidly. In a few cases, changes in the environment or the activation of signaling pathways can trigger widespread protein destruction, allowing the cell to quickly alter its behavior.

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That time Roger Ebert said games will never be as worthy as movies

From the archives: 15 years ago around Thanksgiving, Ebert set video game Internet ablaze.

Film critics Roger Ebert (center) and Gene Siskel appear on The Tonight Show with Johnny Carson on December 12, 1986.

Enlarge / Film critics Roger Ebert (center) and Gene Siskel appear on The Tonight Show with Johnny Carson on December 12, 1986. (credit: Gary Null/NBCU Photo Bank/NBCUniversal via Getty Images)

Update: Fifteen years ago around Thanksgiving, legendary film critic Roger Ebert set off a mini-storm in video game journalism circles by taking to his column and poo-pooing the medium. And with Ars staff off for the holiday weekend, we thought it'd be interesting to resurface this analysis of Ebert's critiques from Ars contributor Jeremy Reimer. While there have definitely been a few game-to-film duds in the intervening years (ahem, Assassin's Creed), there's been no shortage of breathtaking video game storytelling (Her Story) or Hollywood looking to new titles (Last of Us on HBO, either. This piece originally ran on November 30, 2005 and appears unchanged below.

Roger Ebert, the famed movie critic for the Chicago Sun-Times and co-host of the syndicated TV show Ebert and Roper at the Movies has thrown down the gauntlet on his website by stating that video games will never be as artistically worthy as movies and literature. Ebert does not believe that this quality gap can ever be crossed, as he feels it is a fundamental limitation of the medium itself:

There is a structural reason for that: Video games by their nature require player choices, which is the opposite of the strategy of serious film and literature, which requires authorial control.

Whether or not interactive art can still be art is an interesting question. Modern artists such as Chin Chih Yang, who design interactive multimedia projects as well as creating "traditional" art, would probably tell you that whether something is "art" depends on only the artist and the audience, and not the medium itself. However, there are undoubtedly more conservative artists who would dismiss "interactive multimedia projects" as not being worthy of the term art. Of course this debate is not a new one, nor has it been confined to video games. Movies and comic books both struggled (and still struggle) to receive the same level of respect as traditional media, such as literature and dramatic plays.

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