LogFAQs > #962413222

adjl posted...

Nintendo also makes money on game sales (in fact, I'm pretty sure they sell the systems themselves at a loss and recover that through game sales, so they didn't make money when he purchased them), which he was deliberately subverting. That $65 million figure is likely nonsense, based on the thoroughly fallacious belief that every act of piracy would otherwise have been a sale, but his actions absolutely did interfere with their ability to make money.

No judge in the world would believe that he sold these expecting customers not to use them to play pirated games, given that he specifically modded them for that purpose. These were very clearly sold for illegal purposes.

Depends how you mod it. Mod it with go-faster stripes and a spoiler? That's fine. Mod it with a hood-mounted minigun? Decidedly less so.

If the judge really believed that every single person that buys a modded product intends to use it nefarious purposes then he needs to be removed from the bench because he is delusional at best and really just unfit to perform his duties.