The 40-month jail sentence handed down to Nintendo hacker Gary Bowser was designed to be a deterrent for others, according to court documents. Bowser was the public face of ROM hacker group Team Xecuter, which is known for selling mod chips and jailbreaking. The group primarily targeted older consoles, however, its services also encompassed several Nintendo products, including the Nintendo Switch.
Bowser plead guilty and was sentenced back in February 2022. Prosecutors demanded a 5-year sentence while Bowser’s lawyers argued for 19 months. At the time of his sentencing, Bowser had already spent 16 months in prison while awaiting trial. In addition to his jail time, Bowser received a $4.5m fine, which was separate from an additional $10m fine from Nintendo’s own civil lawsuit against him.
Newly-revealed court documents show that US district judge Robert Lasnik and Nintendo lawyers intended for the harshness of Bowser’s sentence to serve as an example for future hackers and pirates. Nintendo argued that the actions of Team Xecuter had resulted in “damages greater than $65m” for the company.
“What do you think? What else can we do to convince people that there’s no glory in this hacking/piracy?” Judge Lasnik asked Nintendo’s lawyer.
“There would be a large benefit to further education of the public,” Nintendo’s lawyer replied.
Bowser’s lawyers had argued for leniency due to their client’s deteriorating health while in prison awaiting sentencing. They stated that Bowser had lost 90 lbs and was confined to a wheelchair after being unable to receive treatment for a leg condition. However, Judge Lasnik was not sympathetic to Bowser’s situation.
“I always tell the jurors, ‘Your role is not to send a message. Your role is to decide guilt or innocence on the facts’,” Judge Lasnik said. “But my role sometimes does entail sending a message.”
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