Nintendo has backed the prosecutor's appeal in a French court which found flash card manufacturer, Divineo, was not committing a crime.
Last week, we reported that a French court had ruled that Divineo was not breaking any law in manufacturing flash cards to work with the Nintendo DS. The prosecutor in that case has appealed the judge's decision and Nintendo released a statement saying that they back any such appeal. There are no details available on when a final decision will be made.
"Nintendo is extremely disappointed with the decision by Paris Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices," Nintendo said. "Nintendo welcomes the prosecutor's decision to appeal the judgment. As a victim Nintendo will join his appeal."
Nintendo cited a case in Hong Kong which Divineo lost and was prohibited to manufacture, market or export any product which is intended to get around Nintendo's security protocols. The company also stated that the French company has not paid the €44,605,082 in damages it was ordered to by the Hong Kong court. That's a pretty big chunk of Euros and Nintendo is ready to call out the collection agent. Divineo might find an unhappy Italian plumber on the doorstep, quietly holding an ugly looking monkey wrench.
Nintendo is taking a strong stance in curtailing the manufacture of flash cards which allow users to play software which has not been authorized by Nintendo:
Nintendo maintains that infringement of its intellectual property rights, on its trademarks, software, its technical prevention measures and its video games is causing damage to the whole video game industry, preventing developers from gaining the full benefit of their hard work and creativity, but also to the customers who expect the highest standards and integrity from products bearing the Nintendo name.
Stating that this is an industry-wide problem is an interesting tactic to try to gain sympathy from other game companies. I wonder if Microsoft or Sony would champion Nintendo's cause, or if they are secretly monitoring Nintendo's court battles with glee in their white towers, reveling in their competitor's misfortune.