Nintendo unleashes DMCA takedown wave against open-source Switch modchip firmware, 144 tools disabled

Nintendo unleashes DMCA takedown wave against open-source Switch modchip firmware, 144 tools disabled — Picofly, SX Core, and HWFLY among casualties following criminal trial victory

Even open-source isn't safe from Nintendo's legal team

Nintendo has set its famously litigious sights on the open-source firmware that powers hardware modchips on Nintendo Switch. Earlier this week, GitHub posted a DCMA request from Nintendo of America confirming that an entire network of 144 total repositories, including the parent repository, was taken down. Mod chip firmware for hardware including SX Core, SX Lite, Picofly, and HWFLY was targeted.

Early original Nintendo Switch consoles shipped with an unpatchable hardware exploit found in the device's recovery mode, which has since been patched in later units such as the Switch Lite and Switch OLED (the modchip hack doesn't work on Switch 2). As such, running custom software on patched Switches requires hardware modification, soldering a microchip like a Picofly, HWFLY, or SX Core to your Switch's motherboard. These chips require firmware, specifically code that can perform the voltage glitching required during boot to hack the Switch.

Rather than playing whack-a-mole with vendors of off-the-shelf microcontrollers, Nintendo has instead issued a DCMA takedown notice to the entire family of GitHub repos hosting this firmware. "The reported repositories offer, link to, or otherwise provide access to mod chip firmware including but not limited to SX Core, SX Lite, Picofly, or HWFLY," the DCMA request from Nintendo reads. "The firmware allows Nintendo Switch modchips to illegally circumvent Nintendo’s TPMs in order to run illegal copies of Nintendo Switch games. Specifically, during operation, the mod chip firmware at the reported repositories circumvents the technological protection measures put in place on the Nintendo Switch console by bypassing the boot sequence.

Nintendo went on to state that because these repositories are designed "primarily" to unlawfully circumvent technological measures controlling access to work protected under the DCMA, distributing mod chip firmware "constitutes unlawful trafficking in technology that is 'primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access' to copyrighted works." In support of this argument, Nintendo cited criminal proceedings brought by the US Department of Justice against Team-Xecuter, a maker and seller of SX Pro, SX Core, and SX Lite modchips.

While these modchips can be (and are) used for game piracy, they unlock a host of features including running homebrew and custom applications, emulation, alternative operating systems, and more. They also enable game modding, custom themes, and even Switch overclocking. Naturally, Nintendo has chosen to focus on their utility in accessing pirated games and bypassing DRM.

Because much of this hardware and firmware is already out in the wild, the move won't have any impact on existing Switch owners who have a modchip installed. However, this will prevent firmware updates to existing modchips, as well as firmware flashing and reflashing. Naturally, it will also prevent future potential hardware modders from hacking their Switch in the same way.

Nintendo is famous for its fervent prosecution of copyright law, but developments in AI are turning this into a drastically more complicated battle. Nintendo's Zelda remake was dumped online on the same day it launched on Switch 2, while earlier this year one developer used AI to bring the original Nintendo 64 version to iOS. In July, Mario Kart Wii was recompiled for PC in 4K with over 200 tracks.

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Stephen is Tom's Hardware's News Editor with almost a decade of industry experience covering technology, having worked at TechRadar, iMore, and even Apple over the years. He has covered the world of consumer tech from nearly every angle, including supply chain rumors, patents, and litigation, and more. When he's not at work, he loves reading about history and playing video games.