Nintendo recently submitted a new DMCA takedown notice to GitHub, resulting in the removal of 144 code repositories related to Switch modchips. These repositories provided information or firmware for products such as Picofly, SX Core, SX Lite, and HWFLY.
In its notice, Nintendo claimed that these firmwares can bypass the technical protection measures in the Switch's boot process, enabling modchips to run illegally copied Switch games. Therefore, the design and distribution of such firmwares constitute acts of circumventing copyright protection measures. GitHub considered the materials submitted by Nintendo sufficient to support this takedown.
Previously, Nintendo had also requested GitHub to remove Switch emulators, key extraction tools, and other projects that could be used to run pirated games. This latest action further extends its enforcement targets to include modchip firmware and related distribution repositories.
The notice also referenced the previous case involving Team Xecuter. Gary Bowser was sentenced to 40 months in prison for participating in the production and sale of circumvention devices capable of running illegal ROMs on consoles like the Switch and 3DS, and he was released in 2023. However, Bowser's guilty plea does not mean that the court has broadly ruled all modchips to be illegal.