In a landmark decision, a Japanese court has handed down the country’s first-ever conviction for modifying and selling Nintendo Switch consoles. On April 14, 2025, the Kochi District Court sentenced 58-year-old businessman Fumihiro Otobe to a two-year prison term, suspended for three years, and imposed a fine of 500,000 yen (approximately $3,500 USD).
Otobe, a transportation industry worker from Ibaraki Prefecture, was arrested earlier this year for modifying secondhand Nintendo Switch consoles by soldering modchips onto their motherboards. These modifications enabled the consoles to run pirated games. He bundled the altered consoles with 27 unauthorized game copies and sold them online for around 28,000 yen (approximately $195 USD) each.
Notably, Otobe was prosecuted under Japan’s Trademark Act rather than the Unfair Competition Prevention Act, which was amended in 2019 to criminalize console modding and hacking activities. The court did not provide an explanation for this choice of legal framework.
This case sets a significant precedent in Japan, highlighting the country’s increasing efforts to combat video game piracy and protect intellectual property rights. It mirrors international cases, such as that of Canadian national Gary Bowser, who was sentenced to over three years in prison and fined millions for his involvement in the Team Xecuter piracy group.
While Nintendo has not issued a public statement regarding Otobe’s sentencing, the company has previously expressed strong support for law enforcement actions against piracy. In Bowser’s case, Nintendo praised the efforts of U.S. authorities in curbing illegal activities that harm the video game industry.
The conviction of Otobe may signal a shift toward stricter enforcement of anti-piracy laws in Japan. Legal experts suggest that this case could serve as a deterrent to others considering similar activities, emphasizing the serious legal consequences of console modification and the distribution of pirated games.
As the gaming industry continues to evolve, this case underscores the importance of upholding intellectual property rights and the potential legal ramifications of violating them. It also reflects the global nature of the fight against video game piracy and the collaborative efforts required to address this issue effectively.
