Nintendo Wins Big in French Copying Case

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Nintendo Wins Big in French Copying Case

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Nintendo is celebrating a legal victory in France, where an appeals court has ruled that the sale of the R4 and other Nintendo DS "linkers" is against the law.

Nintendo's ongoing efforts to combat piracy on its DS handheld suffered a blow in late 2009 when a French court ruled that Nintendo could not legally prevent flash cards created by other manufacturers from running on its systems. The case centered on so-called "linkers" like the infamous R4, which allows users to run unapproved code, usually meaning illegally copied games, on the DS. The prosecutor in the case, supported by Nintendo, quickly appealed.

It took a couple of years for the matter to work its way through the system but the second time appears to be the charm for Nintendo, as the Paris Court of Appeals, the country's second-highest court, overturned the earlier decision and issued guilty verdicts against six companies for importing, selling and distributing the devices. The offenders were fined more than €460,000 [$611,000], ordered to pay more than €4.8 million [$6.4 million] in damages to Nintendo and in some cases were even given suspended prison terms.

Nintendo said in a statement that the ruling "represents a strong message to French companies dealing in these devices, that such activities are illegal and will not be tolerated." It also noted that the decision brings France in line with other European countries including the Netherlands, U.K., Germany, Italy and Belgium, where similar decisions have already been rendered. In the U.S., where citizens have a constitutionally-enshrined right to own and carry as many guns as they want, R4 devices have been ruled to be in violation of the Digital Millennium Copyright Act.

via: Gamasutra

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Hmmmm.

I feel strange.

I find myself not caring about what Nintendo are doing anymore, apart from Skyward Sword, they've pretty much been off my radar for about 2 years. The 3DS is dead in the water (for me, anyway, with no games worth buying for the damn thing), and the WiiU being what the Wii should have been in the first place.

They don't feel relevant anymore, and that makes me sad.

I have to say its times like these when I really do hate nintendo.

Satsuki666:
I have to say its times like these when I really do hate nintendo.

... For making an effort to protect their system from things such as R4 cards which enable piracy?

I don't see how that's a bad thing at all.

Now the R4s R 86ed

LeonLethality:

Satsuki666:
I have to say its times like these when I really do hate nintendo.

... For making an effort to protect their system from things such as R4 cards which enable piracy?

I don't see how that's a bad thing at all.

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Daystar Clarion:

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

LeonLethality:

Daystar Clarion:

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Quiet you!

You shall pay for this.

Maybe not today, maybe not tommorow...

Andy Chalk:
In the U.S., where citizens have a constitutionally-enshrined right to own and carry as many guns as they want, R4 devices have been ruled to be in violation of the Digital Millennium Copyright Act.

I own both a gun and a flash cartridge . . . . for homebrew apps of course . . . . the flash cartridge not the gun, don't use the gun for homebrew.

They should keep in mind though that if they outlaw flash cartridges then only the outlaws will have flash cartridges. Do we really want that? Think of the children !!!!!

Was there really any need for that gun-rights line at the end?

Seems a little off topic and more than a little cheap.

The only good part about this news is that the R4 is out-dated as shit by now, so no-one in France was actually affected.
By the way, distribution, possession and acquisition of empty R4 (and other) cards was never ruled illegal in Germany, get your facts right.
The issue here has never been what you could theoretically accomplish but what you actually do.

LeonLethality:
... For making an effort to protect their system from things such as R4 cards which enable piracy?

I don't see how that's a bad thing at all.

Because the R4 card was a great thing. It allowed you to store all of your games and many other things on one little card. It was extremely useful when traveling.

Daystar Clarion:

LeonLethality:

Daystar Clarion:

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Quiet you!

You shall pay for this.

Maybe not today, maybe not tommorow...

Settle down Daystar,
I think you could use a little hair of the dog that bit you

Ser Imp:

Daystar Clarion:

LeonLethality:

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Quiet you!

You shall pay for this.

Maybe not today, maybe not tommorow...

Settle down Daystar,
I think you could use a little hair of the dog that bit you

Listen here you!
image

You damn kids and your damn puns!

Why, back in my day, we didn't have clever language use! We had to say what we meant in clear and concise terms.

Satsuki666:

LeonLethality:
... For making an effort to protect their system from things such as R4 cards which enable piracy?

I don't see how that's a bad thing at all.

Because the R4 card was a great thing. It allowed you to store all of your games and many other things on one little card. It was extremely useful when traveling.

The cards and even their cases were incredibly small, and you can carry like 30 non-cased games in your pocket, they're not cumbersome in the least, and while that is a valid point, I highly doubt the very large majority of people with an R4 use it for just storage of games they already own. I'm very sure the majority use it for storage of games they have not purchased.

I'm not saying you yourself use it for piracy, but I'm fairly certain you don't represent the majority of people who use them.

Satsuki666:

LeonLethality:
... For making an effort to protect their system from things such as R4 cards which enable piracy?

I don't see how that's a bad thing at all.

Because the R4 card was a great thing. It allowed you to store all of your games and many other things on one little card. It was extremely useful when traveling.

You do realize how small DS games are right? Most people could probably fit all the games they feel like playing for the next few days in their pockets. The only real use for the R4 was piracy.

EDIT: Ninja'd damn...

LeonLethality:

Daystar Clarion:

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Or maybe when you showed it to me on Skype, I knew he would say something about it too. I was teeheeing.

Daystar Clarion:

LeonLethality:

Daystar Clarion:

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Quiet you!

You shall pay for this.

Maybe not today, maybe not tommorow...

Oh come on, what if Ammy was doing that and not Chibi? I think you would love it.

Aura Guardian:

LeonLethality:

Daystar Clarion:

Totally off topic.

Your avatar...

What have you done to Chibiterasu!

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Or maybe when you showed it to me on Skype, I knew he would say something about it too. I was teeheeing.

Daystar Clarion:

LeonLethality:

Somehow, when I changed my avatar to this, something told me you would be the first to comment on it. Wow I have like ESP or something.

Quiet you!

You shall pay for this.

Maybe not today, maybe not tommorow...

Oh come on, what if Ammy was doing that and not Chibi? I think you would love it.

It's not that I dislike the idea of a nodding dog head, but the animation for the one above looks terrible.

My French cousin is gonna be pissed. I think his R4 broke recently

Satsuki666:

LeonLethality:
... For making an effort to protect their system from things such as R4 cards which enable piracy?

I don't see how that's a bad thing at all.

Because the R4 card was a great thing. It allowed you to store all of your games and many other things on one little card. It was extremely useful when traveling.

Yeah...I DOUBT that r4 owners use it for that. The games are small so putting them in pockets shouldn't be a problem. They also sell game cases to store multiple games. And if(and I do mean a big if) the r4 owners already owned the game they stored in it, that means that they have two save files of that game. And that would be stupid.

LeonLethality:

The cards and even their cases were incredibly small, and you can carry like 30 non-cased games in your pocket, they're not cumbersome in the least, and while that is a valid point, I highly doubt the very large majority of people with an R4 use it for just storage of games they already own. I'm very sure the majority use it for storage of games they have not purchased.

I'm not saying you yourself use it for piracy, but I'm fairly certain you don't represent the majority of people who use them.

Thats actually why I like them. DS cards are rather small and I know far to many people who have lost them. If you only have one and it stays in the DS you are far less likely to loose it then if you had thirty of them.

Daystar Clarion:

It's not that I dislike the idea of a nodding dog head, but the animation for the one above looks terrible.

I love it. It's just needs some club music and it's perfect.

Aura Guardian:

Daystar Clarion:

It's not that I dislike the idea of a nodding dog head, but the animation for the one above looks terrible.

I love it. It's just needs some club music and it's perfect.

I have just the perfect background for this!

Daystar Clarion:

It's not that I dislike the idea of a nodding dog head, but the animation for the one above looks terrible.

It's supposed to look terrible, that was the point of it.

Though now that it's been mentioned to look like head banging I have an idea...

I don't get why the companies had to pay or had people sentenced to jail time.
When these people sold the R4s, they were entirely legal. Are they being punished for not knowing they'd be illegal in the future?

In Ontario the drinking age used to be 18, now it's 19. Is every bar that sold alcohol to the people when they were 18 going to be retroactively fined for not having a crystal ball and seeing the future where 19 is the legal age?

Daystar Clarion:
-snip-

Aura Guardian:
-snip-

LeonLethality:
-snip

Um weren't we supposed to be talking about Nintendo?
image

Ser Imp:

Daystar Clarion:
-snip-

Aura Guardian:
-snip-

LeonLethality:
-snip

Um weren't we supposed to be talking about Nintendo?
image

That game is on the Nintendo DS. So it's not yet its sort of on topic.

LeonLethality:

Aura Guardian:

Daystar Clarion:

It's not that I dislike the idea of a nodding dog head, but the animation for the one above looks terrible.

I love it. It's just needs some club music and it's perfect.

I have just the perfect background for this!

Daystar Clarion:

It's not that I dislike the idea of a nodding dog head, but the animation for the one above looks terrible.

It's supposed to look terrible, that was the point of it.

Though now that it's been mentioned to look like head banging I have an idea...

Dude, your avatar is freaking me out...can't...look...away!!!

Ser Imp:

Daystar Clarion:
-snip-

Aura Guardian:
-snip-

LeonLethality:
-snip

Um weren't we supposed to be talking about Nintendo?

Nintenwho?

Also we sort of are, I mean both Okami games have been on Nintendo consoles so in a roundabout way WE TOTALLY ARE TALKING ABOUT THE TOPIC

Maybe Nintendo could take the hint that their DS games are overpriced crap, £30 for a handheld game is not a reasonable asking price.

Just another manifestation of the industry's belief that people shouldn't be allowed to run their own code on their own hardware they bought with their own money.

Kezboard:
Just another manifestation of the industry's belief that people shouldn't be allowed to run their own code on their own hardware they bought with their own money.

Exactly.

A big win for Nintendo is a big lose for the consumer.

Well, no matter what people claim to use their flash cards for, a great majority of them are in reality just using them for piracy. Because why pay for games when you can just buy an R4 and download them, right?

Yeah, I'm glad the court ruled in favor of Nintendo. The homebrew market for the DS is stale at best. For the Wii it's even worse. There are better places to go for indie gaming.

Daystar Clarion:
Hmmmm.

I feel strange.

I find myself not caring about what Nintendo are doing anymore, apart from Skyward Sword, they've pretty much been off my radar for about 2 years. The 3DS is dead in the water (for me, anyway, with no games worth buying for the damn thing), and the WiiU being what the Wii should have been in the first place.

They don't feel relevant anymore, and that makes me sad.

My thoughts exactly - and that is a sad state of affairs.

illas:

Daystar Clarion:
Hmmmm.

I feel strange.

I find myself not caring about what Nintendo are doing anymore, apart from Skyward Sword, they've pretty much been off my radar for about 2 years. The 3DS is dead in the water (for me, anyway, with no games worth buying for the damn thing), and the WiiU being what the Wii should have been in the first place.

They don't feel relevant anymore, and that makes me sad.

My thoughts exactly - and that is a sad state of affairs.

I wish I could say differently but it's the same for me. Most of the games I want for the 3ds are staying in Japan. While I wouldn't mind importing them as I did with the Phoenix Wright series and a couple of others, region locking has left me out in the cold.

Satsuki666:

LeonLethality:

The cards and even their cases were incredibly small, and you can carry like 30 non-cased games in your pocket, they're not cumbersome in the least, and while that is a valid point, I highly doubt the very large majority of people with an R4 use it for just storage of games they already own. I'm very sure the majority use it for storage of games they have not purchased.

I'm not saying you yourself use it for piracy, but I'm fairly certain you don't represent the majority of people who use them.

Thats actually why I like them. DS cards are rather small and I know far to many people who have lost them. If you only have one and it stays in the DS you are far less likely to loose it then if you had thirty of them.

That is true they are useful, I had one that I used to demo games that I later bought if I liked the game and for home brew, but I'm okay with this decision because the two of us are in a minority here, most of the R4s were being used for pirated game.

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