Nintendo Switch modder handed suspended prison sentence in a first for Japan Michael Beckwith Published April 14, 2025 4:54pm Updated April 14, 2025 4:54pm People may think twice about modding Switch consoles if this is going to be the norm (Nintendo) Although he’s been hit with a prison sentence, a man arrested for selling modded Nintendo Switch consoles in Japan won’t be serving jail time. It has been repeatedly demonstrated how ruthless Nintendo can be when it comes to protecting its property. You’re likely already aware about its lawsuit against Palworld developer Pocketpair, but Nintendo won’t just target other companies. In the past, it has forced several emulation sites and even fan-made games to be shut down as well as slapped YouTubers with copyright strikes for promoting emulators and mods for Nintendo hardware. Now, in a first for Japan, someone has been handed a prison sentence for selling modded Nintendo Switch consoles, which will likely set a new precedent for future cases in the country. According to RKC News (as translated by Automaton), 58 year old Fumuhiro Otobe was arrested in March 2024 on suspicion of not only modifying second hand Switch consoles but also selling them for 28,000 yen each (just under £150). The modifications allowed these consoles to run pirated games, which Otobe was also accused of selling alongside the consoles. This incident reportedly marked the first time in Japan an arrest had been made in relation to modifying and reselling Switch consoles. At the time, Otobe confessed to the charges and in a hearing from earlier today, a court found him guilty of infringing on Nintendo’s trademark rights and thus, in another precedent for Japan, handed down a prison sentence of two years. The good news for Otobe is that this sentence is suspended for three years. So, as long as he doesn’t commit any further crimes, he can avoid jail time. Otobe has also been fined 500,000 yen, which is tantamount to about £2,648. More Trending This ruling stands to discourage anyone else from modding and selling Nintendo hardware in the future. That said, it’s a lot kinder than what happened to one Gary Bowser, who did go to prison for his involvement in selling devices used for hacking Nintendo consoles. Although he was let out early for good behaviour, he was fined over $14 million and he must pay it off by giving Nintendo a portion of any earnings he makes. For as effective as Nintendo’s lawyers are, though, the company hasn’t won every legal battle it’s started. Last year, Nintendo filed a lawsuit against a Costa Rican supermarket because it was called Super Mario. The lawsuit was resolved this past January and, surprisingly, it didn’t end in Nintendo’s favour. As for the lawsuit against Palworld, that is still ongoing though Pocketpair doesn’t appear to be too perturbed since it has continued to update the game, release a PlayStation 5 port, and appears to be teasing a dating sim spin-off. People thought this was an April Fools’ joke but it looks like it’ll be a real thing (Pocketpair) Email gamecentral@metro.co.uk, leave a comment below, follow us on Twitter, and sign-up to our newsletter. To submit Inbox letters and Reader’s Features more easily, without the need to send an email, just use our Submit Stuff page here. For more stories like this, check our Gaming page. GameCentral Sign up for exclusive analysis, latest releases, and bonus community content. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Your information will be used in line with our Privacy Policy