Posted on November 30, 2022
In the summer of 2022, a person who goes by “Xipher” (Tyler “Ty” Bryant) accused me of stealing two of his designs. These accusations lead to defamation, false DMCA attacks, damages, and eventually death threats all because I designed something new that evolved and improved on an Unhinged SP concept.
As a designer of many years, I take accusations of plagiarism very seriously. In this article I’ll cover my history with Xipher, my contributions to his own design, disprove his claims with proof, show how he used my concepts in his latest Slab design, and show how popular names in communities like this can drive others to breaking the law.
In May of 2021 a customer asked me to print Xipher’s original Slab design for them. At the time, I didn’t know who Xipher was or even what a Slab was. I primarily focused on Game Boy Zero mods, console mods, and 3D Prints of my own designs. I got in touch with Xipher and asked his permission to print and sell his Slab. Xipher complied with the request with the caveat that I would only print and sell on demand and not bulk. This is how I handled all Slab orders including my own Remixed Slab.
A few months later I received some feedback from a customer who wasn’t happy with his Slab prints from me. I asked him to describe the issue and it was basically sidewall artifacts. Up to that point, I thought that’s just how the Slab printed. I pulled the V1 Slab files into my AutoCAD program to take a look and quickly realized Xipher used odd wall and layer thicknesses for an FDM printer to print properly. It was clear that I was going to have to make some adjustments to my workflow or the actual design if I was going to continue to sell the Slab shells. I chose the latter knowing Xipher’s Slab license allowed for remixing the design. I went ahead and adjusted the walls in the shell to print correctly. I made sure to share this info with Xipher directly, thinking it could help someone else down the road.
While I was reworking the original Slab design to print better, I started to get some new ideas like designing a battery door (Xipher’s original slab didn’t have one), a brightness button, light piping of some kind, bottom ports for accessories, and angled soft tactile L and R buttons. I also mentioned to him that I wanted to try using the original light pipes and battery door nut. I openly shared my ideas with him not knowing he’d eventually claim them as his own.
We also discussed using odd shaped Game Boy carts like the Game Boy Camera in the Slab. There were issues with his original design because of how it pushed the GB Camera out towards the back of the Slab. I came up with my own design that didn’t have this issue and shared the information with him.
Once I finished what became my Remixed Slab, Xipher asked me to send him my shell files so he could incorporate some of these ideas into his V2 Slab. Ultimately the original light pipes, accessory port, and battery door nut all made it into his design. It’s worth mentioning that I never got credit for any of this work.
At this point, my Remixed Slab was different enough to be considered a “Fork” of the original Slab design. Once I finished my Remixed Slab design I stopped selling his original Slab design in favor of my new Kit. Along the way, I also created my own button PCB board to include the brightness button and make the soldering much easier for the installer. I made sure Xipher was ok with me making my own Button PCB.
After I started selling my Remixed Slab kit, I started to see accusation around social media claiming I broke Xipher’s original Slab license when obviously I didn’t. I later found out that these same people were spreading lies because they were upset that I was charging for my prints. I brought this to Xipher’s attention so he knew it was going on. This is an important point because it shows that even though I wasn’t doing anything wrong, I was being accused of wrong doing.
It was around this time I also noticed that people were sharing photos of my Remixed Kits but not attributing credit to me in anyway. I even noticed Xipher doing this while also claiming my Remix was entirely his design. This is another an important point because it demonstrates that Xipher himself wasn’t willing to differentiate between my work and his. I raised this point to Xipher privately on Instagram and he said he’d make sure to credit me and that he didn’t realize how different my design was.
There were other instances like this afterwards but it’s more of the same.
In early 2022, I started working on several projects like my Atari Jaguar AV adapters and BlueRetro adapters. In order to focus on all of these other projects, I decided to sun set my Remixed Slab with one last feature update and then release the files to the public. Ultimately, I decided against the idea of continuing to bolt onto the Remixed Slab design. I no longer had the drive to iterate on someone else’s design while losing all credit for the work I had done. It was also getting increasingly more difficult to manipulate an STL (stereolithography) file, which is like a low poly 3D file. This is when I started to think about making my own unhinged SP from scratch, or ground up as I called it. I knew I wanted to carry over the unique features from my Remixed Slab like front facing light pipes, brightness button, angled L and R, and bottom accessory holes but I also wanted to expand on some ideas. Here are a few additional features I had in mind for my unhinged SP:
I knew I wanted to pull design cues from the original Game Boy and Game Boy Color. I felt like this was a good mix of aesthetics because it allowed me to use the smaller buttons of the Game Boy Color but still inject the overall DMG design elements into the new unhinged project. I’ve been asked why I didn’t use the DMG buttons, which is a great question. If you look at the first picture, you can see the scale would have been comical off.
I wanted to simplify assembly and to use less screws if possible. The battery door screw and nut had to go as well as the back panel screws. I knew these two areas could be designed better. The battery door screw became a printed in place sliding tab. For the top back panel, I decided to design it so it could slide and lock into place without any screws.
I also incorporate the flex cable connectors into the PCB board along with the no solder speaker contact pads. This helped reduce the amount of wires the assembler had to solder.
Almost all of these elements would eventually be integrated into Xipher’s own Slab design.
I shared a lot of my ideas on social media and in some cases I even requested feedback on them. A good example would be the speaker grill design. It was this feedback that lead me to use the 45 degree angled speaker grill design that Xipher would later accuse me of stealing. I personally preferred the more DMG style, which is what I used for my personal GEM pictured below.
Like all my projects, I put a ton of time into testing and iteration. Sometimes these changes were simple and small variations to a single part of the design but took hours to print to prove out. This resulted in a large pile of test shells. A lot of these test shells my wife helped try out for ergonomics.
After months of hard work, I was finally finished my own unhinged SP. The code name I had for it was “Chroma” but the final name I settled on was the GBA GEM SP. My intention was to sell the kits for a month or two and then release the files. This would allow me to then focus my printers on other products.
At this point, the GBA GEM SP is on the market and I’m getting amazing feedback for its DMG cues, print quality, and how well it goes together. Unfortunately, I didn’t get to enjoy the positive remarks for very long. Once again people were jumping to conclusions and making accusations, this time on the Game Boy Discord. One of the popular maker’s on this server, who goes by “HDR” is friends with Xipher. He also helped push defaming accusations on this server. One of the bigger issues with the internet is how fast false information spreads and shapes perceptions.
It was clear that I needed to address these claims directly again, so I jumped into the Game Boy Discord and politely explained they were misinformed. I gave exact details and I stand by the words I wrote to this day. To my surprise, most people in the chat were happy that I cleared up the confusion between the Slab, Remixed Slab, and GEM.
After the Game Boy Discord server discussion, I had planned to reach out to Xipher directly to let him know what happened. I also assumed he had read my responses already since he was a member of the server. Before I got a chance to reach out though, he DM’d me on Instagram with this:
“I would like to talk to you about this Gem design. It looks very much like the slab and your remix of my slab.”
– Xipher
I was disappointed in his accusative wording. Keep in mind, I had already dealt with people claiming my Remixed Slab broke Xipher’s license as well as the Game Boy Discord server discussion. I also had very little trust in Xipher at this point due to past conversations he and I had. Ultimately, I figured we’d talk it out and get everything aligned. Before we even got into the weeds, I asked him straight away if he thought I stole his design. He replied yes and that he had his suspicions. That was enough of a red flag for me to be very defensive.
For about 50 minutes, our exchange felt more like an interrogation than a conversation and I was getting increasing frustrated. Here was someone I collaborated with and a fellow designer accusing me of stealing his work. This is where I should have said I needed time to cool off before continuing because it’s difficult to communicate with raised tempers.
He continued to talk down to me, trying to get me to admit to stealing his design. I was growing increasingly frustrated. I’m not someone who enjoys human interaction on the best of days and here was one of my peers trying to talk down to me as if I was lesser. I wasn’t having any of it and I certainly wasn’t going to admit to something that I hadn’t done.
The conversation ended with him saying we’d talk more about it later. Instead he ran to social media to defame me.
Defamation:
“the action of damaging the good reputation of someone; slander or libel.”
On July 23rd, 2022 Xipher posted a call to arms on Instagram, claiming I stole his design and that he was looking for someone to send him my GEM. With very little context, this short video defamed my company, my personal name, and my online handle. In less than 24hrs of having our chat, he was already making defaming accusations. It was clear he was not interested in working this situation out. After this, I stopped all communication with him even when he’d try to bait me with childish name calling.
After his Instagram story went live, I started to get a ton of DMs ranging from supportive, confusion, and flat out threats. I started to get screenshots and links sent to me of other large names in the Game Boy community echoing the same defaming accusations.
It was clear at this point the GEM was not worth it. I marked the GEM as “Out of Stock” with no intentions of ever selling it again. All plans of releasing the files died that day.
On August 4th, 2022 Xipher posted a brief 10 minute video to YouTube making very broad claims that I copied his Slab design 1:1. Most of his video revolves around his opinion on the subject and no actual hard facts provided. He also portrays the two designs side by side at an odd angle and he doesn’t even show the insides of the shells or any of their differences. It’s literally just him making claims about what he thinks I did for 10 minutes. He also fudges a lot of the details about our relationship, which I’ve already outlined above. I’ll easily tackle each false claim directly.
Before I designed my GEM, Handheld Legends (HHL) reached out to me about my Remixed Slab shells. I told HHL I needed to ask permission from Xipher directly. Xipher wasn’t comfortable with it so I turned down HHL. Here are the emails between me and Kyle from HHL.
I found the mention of Handheld Legends (HHL) very interesting in Xipher’s video. On one hand, he explains that I did the right thing by bringing this communication directly to him. On the other hand, he brings up RetroSix, which is even stranger than him bringing up HHL. It’s pretty obvious he was trying to insinuate that I was like RetroSix but I also think he was trying get YouTube’s “related video” algorithm to pick up those words and to link his video up with others calling out RetroSix for their bad behavior. Very disingenuous.
Xipher really harped on the words “ground up” in his video and obviously I hit a nerve with that one. Unfortunately, he’s twisting what I said to try and make it seem like I meant my GEM design was 100% new concept. I was pretty clear from the beginning that ground up meant my design was not based on his design files and clearly already gave him and the other Unhinged SPs credit for inspiration. It’s right there in my Discord messages from the Game Boy server. Clearly and publicly stated. On top of that, the GEM page called out where I got my inspiration and what the differences were between the Slab, Remixed Slab, and GEM.
Xipher very bluntly claims the GEM is a remix. A remix is when you take someone else’s files and make edits to it. Most of you reading this probably aren’t AutoCAD users. To help you understand some of the terminology, I need to describe the difference between a “solid” and a “mesh” (STL) in AutoCAD. The best way to demonstrate the differences between an STL mesh and a solid is to show you how they look in the program:
An STL file is converted from a Mesh into a solid in an AutoCAD program. This conversion creates a lot triangles on the surfaces of the now solid mesh. These triangles make adding new dimensional features very difficult, especially around curves. A solid object created in AutoCAD will have smooth curves and only line segments. Solids are obviously the desired object type for molding within AutoCAD. You can clearly see in the above photo that the GEM is a solid created on it’s own in AutoCAD.
Xipher claims the GEM shares the same screen to body ratio. They are similar but definitely not the same. All unhinged SP designs are similar because they use the same or similar screens, they mimic a Game Boy aesthetic, and they use the original SP motherboard. There are obvious limitations to what the functional aspects of a design will look like when you work with these specs.
Interestingly, there are countless multi-game emulator handhelds that have been on the market for years that look almost identical to the elements Xipher is calling out on the GEM. By his own logic, this would mean the Slab is a copy of these designs.
It goes without saying that Xipher does not own the Game Boy aesthetic and his Slab license does not protect people from using that same idea for their own projects.
As I’ve already mention, I wanted a more DMG style grill but when I polled the community they clearly wanted the 45 degree angled vents vs the DMG style. I clearly should have listened to my gut and gone with the GMD style but c’est la vie.
With that being said, the GEM’s grill is different. In the second image, you’ll see I’ve lined up the two shells with lines to show the speaker holes and grill do not actually line up. Even if you overlay the two images they don’t really line up from one side to the other. If they were equal distance, the spacing from the far left speaker grill would match the spacing to the far right but they do not. They are very similar but clearly not the same.
If you look on the inside of the shells, something Xipher neglected to show, you can see right away how different they are. The radius of the speaker well is completely different as well as all the details surrounding it.
The GEM also doesn’t use the same style of screw post as the Slab. The GEM uses a similar style to my Remixed Slab but that’s my design and concept, not Xipher’s. Xipher later included this concept into his newer Slab design.
To further reiterate, both the GEM and Slab speaker grills are at a 45° angle, just like the Game Boy Color and Game Boy Pocket. I’ve highlighted the GBC speaker holes to demonstrate that this is clearly an influence on Xipher’s design. This is yet another area that none of us has the right to claim as our “design” because we’re all mimicking Nintendo.
One of the easier things for me to disprove is the GEM’s button layout being same as the Slab’s. Obviously, I’m using the Game Boy Color buttons but Xipher claims the placement is still the same. This argument doesn’t hold water because clearly Xipher copied the Game Boy Pocket layout, which is very similar to the Game Boy Color.
If we compare the angle of the face buttons on both shells, you can see they’re different. The select and start are clearly different in both design and placement. Again, they are a match to the Game Boy Color.
Lastly, if you overlay the Game Boy Color image on top of my GEM at their correct real world dimensions, the GEM’s buttons match up 1:1 exactly. This is because I used the the Game Boy Color’s shell to measure everything.
The title and thumbnail of Xipher’s video is basically a low hanging fruit catch phrase meant to get as many clicks as possible.
Something that is quantifiably better isn’t an imitation, it’s a evolution.
The GEM was meant to be a love letter to the original DMG, Game Boy Color, and all Unhinged SPs. It was the culmination of the hard work and iteration I put into these projects. Not only did the GEM stand on its own, it was objectively better in every way when compared to the V2 Slab. So much so that my GEM and Remixed Slab were all you’d see in the wild or via Google search. I honestly believe that is one of the reasons Xipher became unhinged (pun intended).
The bottom line is, if the GEM was an imitation, why did Xipher take a lot of it’s elements and quickly inject them into his Slab design?
After Xipher accused me of stealing his design, he quickly started to add the unique elements of my GEM into his Slab design. This is in addition to already using my contributions to his V2 Slab. Normally, I wouldn’t even bring something like this up because imitation is the sincerest form of flattery but it needs to be called out here. He did this to help further push his lies that the GEM was a copy of his design. He clearly liked my designs otherwise he wouldn’t have poached these elements from the GEM.
There was a lot of fall out from Xipher’s defamation. I started to hear from friends asking if I was ok, or if I saw what so-and-so said on YouTube, Reddit, Instagram, Facebook, Discord, etc. I had pretty much shut down all interactions with the Game Boy community but eventually drama found its way to me. I started to see bigger names in the community echoing the same tired lies.
Here’s a popular name in the Game Boy community, Makho, claiming “On-Demand” means something else while also stating I broke Xipher’s agreement:
Unfortunately, Makho clearly has no idea what he’s talking about here. He’s talking about me breaking the on-demand license for my Remixed Slab in response to someone talking about my GEM. It’s a shame Makho didn’t come to me directly to clear this up. That’s not really how internet drama works sadly.
There were also YouTubers pushing the same confused notion that my Remixed Slab was some how my GEM and that I broke whatever license agreement I had with Xipher. I’m not going to share their channel names and help their revenue but this helps show the mounting wall of confusion and lies I had to try and fight off due to Xipher’s defaming accusations.
As with all things, the proof is in the details. It’s not always enough to look at two things that are alike and be able to see the differences. The phones we carry in our pockets are a great example – they all look a like because they’re all the same basic design until you look at the details. This works in my favor because the easiest way to prove once and for all that the GEM stands on it’s own are it’s details.
For posterity, this comparison is between the GEM and the older Slab design of the same time period. As I’ve mentioned already, Xipher backfilled his latest Slab design with my GEM’s unique features after he made his accusations.
At first glance, the front of the GEM is similar to Slab but then again, the Slab is very similar looking to the Game Boy Pocket. Aside from the obvious physical dimensions being completely different, there are key differences. Like my Remix Slab, the front of the GEM has light pipes and a brightness button. Both of these elements are different from my Remix Slab but even if I chose to use the exact design they would have been my design elements. Those elements didn’t end up on Xipher’s V2 Slab until after my GEM was on the market.
Taking a look inside both front shells really shines a light on just how different these shells are. The GEM has completely different features including a lower screen, different screw posts, a different way of mounting the speaker, a different way the back panel mounts without the need for screws and so on.
The FunnyPlaying screen also mounts differently in my GEM vs the Slab. I designed the GEM to help make assembly easier. One way I did this was to add corner “ledges” for the screen to rest on while the assembler applies the top back panel. The screen in the original Slab had a lot of play.
The top back panel is dramatically different in dimensions, design, and function. The best way to see how the GEM’s panel works is to watch the assembly video. Here’s the time stamped section. The panel slides and locks into place, holding the screen securely under it. No screws needed.
The GEM’s top back panel also has screw posts where the Slab’s top back panel has no screw posts. This is because the Slab have overhang screw posts on the front shell.
The GEM’s speaker and Button PCB were unique at the time of release. The button PCB had built in ribbon cable sockets so you didn’t need to mess with extension cables or folding. The PCB also had solderless contacts for the speaker, which was held down by a bracket. This is completely different than anything the Slab had at the time. Unfortunately, people have since sent me pictures of Xipher’s newer Slab button PCB and it appears he’s copied this from my GEM with the help of “Natalie The Geek”, another well known name in the Game Boy community.
Similar to my Remixed Slab, the GEM uses angled L & R buttons for better ergonomics. It also uses soft tactile buttons. This helps give the buttons a spring to them as well as travel. The Slab has straight L & R buttons with with very little travel hard tactile switches.
When comparing the back shells, the differences are even more dramatic. You can see right away that the GEM’s back shell’s inside looks a lot more like the original SP back shell, which is what I modeled the GEM from.
Notice how the GEM’s cartridge slot is a very different shape than the Slab’s too. The GEM matches the original SP design and curves inward at the same height as the SP.
The various “ribs” in the GEM’s base also mimic the SP’s supports in almost every way. A great example would be the bottom screw posts or around the battery area. You also needed to remove the SP’s L & R tactile buttons with the Slab but I designed the GEM to not require this.
The GEM also has the cartridge “stoppers” to stop the cartridge from rocking back and forth in the slot. The Slab doesn’t have any of these elements.
You can also see an obvious height and width difference between the GEM and the Slab. They are more dissimilar than similar in almost every way.
Lastly, there is no overhang bar near the cartridge slot area like on the Slab. I designed a push fit part to cover the area. It’s cleaner both in design and in actual appearance compared to the Slab’s massive overhang, which requires supports to print.
As referenced above, I’ve never used Xipher’s battery door even for my Remixed Slab. I had designed my own before he did. That being said, I was really proud of the GEM’s battery door and battery compartment design. It’s easy to see the design differences but there are functional differences as well.
The GEM’s battery door is pretty unique. It has a printed in place slider that tabs into the back of the GEM’s shell, locking it in place. No more annoying battery door screw or screw nut.
The GEM’s battery compartment is entirely part of the back shell. Only the floor is separate part but unlike the Slab it doesn’t need to be glued.
Some time after Xipher’s accusations, a friend of mine sent me a screenshot of one of Xipher’s Instagram stories. The story had a screenshot of my website showing the GEM being out of stock with an explanation explaining why. Here’s the screenshot with my blurb as to why the GEM was no longer being carried:
After posting his story on Instagram, Xipher sent my eCommerce service (Shopify) a few fraudulent DMCA notices. I easily fought and won against each DMCA notice as they came in and Shopify restored my GEM page. Later, I had heard from people who are in the same circles as Xipher that the only reason he did the DMCA attack was to see if he could, not because he felt they were ligament. If this is true, it’s very illegal.
Xipher and HDR were using these fraudulent DMCA notices to further push the narrative on Discrod. HDR claims, I said “Fuck it” and re-listed the GEM. HDR is once again misrepresenting my property as Xipher’s.
Again, Xipher is trying to make it seem like his DMCA attack was read by Shopify and someone agreed with him. This is not how DMCA notices are handled. When any shop service provider receives a DMCA notice, their system automatically triggers a take down of the product page. This is because Shopify and other store fronts don’t want to take sides and become legally entangled. It doesn’t matter if the DMCA notice is written in crayon, Shopify will take down product pages and even entire stores with enough “strikes”. It’s worth mentioning Xipher’s DMCA notices weren’t really legitimate by any means. Each of them was missing key information that’s supposed to be included. Even simple things like his legal name.
HDR continued to push this idea that I took Xipher’s original design files and worked from them. I want to point out that HDR did this very thing with the MBC3-Flashcart. He even uses the words “ground up” in his GitHub page.
By October 2022, I had moved on from all of the GEM drama. I was focused on new product designs and converting Humble Bazooka into a “reseller only” company with partnerships with Stone Age Gamer and eventually 8BitMods. During this time, I received yet another fraudulent DMCA notice from Xipher, once again without his legal name or any contact information. He was again abusing the broken DMCA system to try and hurt my business. Here’s the notice for the Macro F:
Right after receiving this false DMCA notice, Shopify took down my shop entirely. As I mentioned before, if you get enough DMCA notices, regardless if you fought and won them, Shopify takes down the shop. My store was down for at least an hour or two and I lost sales. This is considered “damages”, which were caused by fraudulent DMCA takedown notice by Xipher.
According to the DMCA, people who knowingly misrepresent that material is infringing or was removed by mistake can be liable for damages, costs, and attorneys’ fees.
Customers were reaching out to me asking what’s going on. It was a mess to say the least and this time it was for my Macro F design. When I spoke to my lawyer, he said it was absolutely grounds for suing Xipher along with the defamation. Not only were their financial damages but he’s on the record as the one sending these fake DMCA notices. What Xipher was doing is highly illegal.
As much as I wanted to use the legal system to stop Xipher from further damaging my company, I couldn’t afford it. The problem with our legal system here in the USA is it costs a lot of money to sue someone for defamation and financial damages. I would have had to empty my company’s bank account to sue him. As much as I wanted to do this, it was more financially sound to just continue to ignore him.
In addition to the monetary hardship I’d have to bear, there is also no real legal outline for someone suing a person for false DMCA attacks. The system isn’t setup that way and there really is no precedence for it. I found out later that Nintendo could have sued Xipher directly for claiming a copyright on a design that was based off of their property.
…Nintendo could have sued Xipher for claiming a copyright on a design that was based off of their property
I once again fought the DMCA notice, won, and my shop was back up hours later. The Macro F is freely downloadable on my Printables account.
Things get their darkest by mid October 2022 when I was getting increasingly violent threats sent to me. Unfortunately, there were a few that qualified as death threats. I was done sitting on my hands and trying to take the high road. I contacted my lawyer who immediately told me to call the local police to file a report and after that to contact the FBI’s Cyber Crime division and file a report with them. I did both.
The local police were very sympathetic but there wasn’t much they could do. I knew this before calling them but I just needed a paper trail and proof it happened. I contacted the FBI’s Cyber Crime division next and I explained the situation in it’s entirety. I filed all the information with them along with the IP addresses of the people who sent me the threats.
After receiving the death threats I had enough of the Game Boy scene. My designs and hard work weren’t worth potentially having some crazy person try to harm me or my family. I stopped designing and working on anything relating to the Game Boy. To this day, I receive emails and DM’s asking if I’ll make a successor or any updates to the GEM.
If you Google “Game Boy Slab”, my Remixed Slab is the most prominent result. If you search Instagram or other social media, my Remixed Slab is the most popular printed Slab out there. I get zero credit for this. People have actually remixed my already Remixed Slab and reposted it as if it’s their own and I get zero credit.
I’ve been as objective as possible while writing this article. I’ve demonstrated that Xipher misrepresented our history. I’ve explained that even prior to the GEM’s release, I was getting unfounded backlash for my Remixed Slab I had to deal with. I’ve countered every argument from Xipher’s video with with actual facts to back up my side. I’ve thoroughly compared the GEM to the Slab and demonstrated their differences inside and out. I’ve shown how Xipher took concepts from my supposed “imitation”, which he then used in his latest Slab design. I’ve explained how Xipher abused the broken DMCA system, which ultimately caused financial damages and eventually death threats.