Nintendo vs. hackers: Gary Bowser faces five years in prison and a massive fine

Hacker Gary Bowser compromised Nintendo’s security systems, leading to a court sentence of 5 years in prison. He has already pleaded guilty and agreed to pay a $4.5 million fine.

The defense initially proposed 19 months, but the court found that the proposed 60 months justify “the nature and circumstances of the offense, the history and characteristics of the defendant, to promote respect for the law, and to provide just punishment... to afford adequate deterrence to criminal conduct”. After five years, Bowser will be on supervised release for another three years.

Bowser’s lawyers called their client “the least culpable and the only apprehended defendant in the indictment,” while others got away with it. Furthermore, they argue that over seven years Bowser made around $320,000, while others made vastly more money and subsequently led lavish lifestyles.

The hacker group Team Xecuter, in which Bowser played a key role, actually generated tens of millions of dollars from the mass production and resale of modified chips. Consequently, the US government could not stand aside. 

“This is not like other criminal copyright cases known to the government. Mr. Bowser deserves a higher sentence... given the size and scope of the Team Xecuter conspiracy, which spanned years and involved multiple circumvention devices.”

The exact amount of time Bowser will spend in prison will be determined by the judge later.