Nintendo and friends win $1Million in damages against R4 carts

[McHaggis]

A lack of getting something is not a loss, though.

Somebody considered giving me $10 but decides against it. BRB suing for making me lose $10.
Some chick gives another guy a blowjob instead of me? BRB suing for "lost blowjob".

If only... I'd be so rich right now.

The fact of the matter is that they're banned in those countries and with good reason. They're banned because the majority use is for piracy, just like guns are banned in some countries because the majority use is for criminal activity. It doesn't compare to DVD/CD, which have a legitimate business purpose and are/were a requirement in the industry. It's not a fair comparison. Don't get me wrong, I think consumers should have the right to backup and use backups, but courts are entirely justified in banning a product whose primary function facilitates and encourages a criminal act.

Going after the individual makes no sense; the damages are much less (and difficult to calculate) and costs make it an impractical method of combating piracy.

Also, whoever thinks publishers lose anywhere near RRP on a game is smoking something. You're forgetting the cuts taken by the retailer, the licensor, tax/duty, etc. None of those things apply to a pirated game.

 

[aaronz77]

This might have had a valid argument that the r4 was only a micro sd (TF) adapter. Until you see the sellers website explaining how to install the firmware, where to put the roms etc.. How can you possibly argue this case without that being thrown in your face. I'd hate to be THAT lawyer. In the future you'll still see sales of r4 (and clones) I just think the firmware and homebrew will be more difficult to hunt down. So what if a noob can't figure it out. right??!!

 

[stanleyopar2000]

Nintendo is STILL anal about the R4?..bitch please...it's all about the DSTWO now

these are the same people though who gave me a fucking copyright strike for making a tutorial on how to change your Acekard GUI to DSCOVERED [and implied NO illegal activities in the video]

 

[jonesman99]

I felt a great disturbance in the R-Force, as if millions of flash carts cried out in terror and were suddenly silenced.

The "Silence of the Clones", perhaps?

 

[FireGrey]

R4's are the DS equivalent of CD/DVD/BR-R's, even less - they're merely adapters for rewritable storage. I find it odd that any court that has any understanding of technology would think that they cause any damage and that they could be made illegal. It's the end user's choice to use them for piracy - the carts themselves are in no way harmful just like blank discs aren't.

It's pretty ignorant to say they aren't for anything other than piracy or running unauthorized content.

 

[Jayro]

Great, the link given is totally in Japanese =_=

So? Chrome translates it for you automatically, so why would that matter?

 

[Yepi69]

Flashcards work depending on the user, so don't blame the flashcards but the user.

 

[Amber Lamps]

The question is whether the companies who've lost have any available cash to pay up (unlikely - I'd guess it's sequestered away) or if it's just to force bankruptcy. In which case they'll probably just change names and spring up again doing a similar but tactfully rebranded thing...

Circumvention of copy protection. A device which disables or bypasses in some way copy protection mechanisms within a device. Direct violation of the United States DMCA. Which is why generally you won't find many people reselling these in the USA. Those that do are taking great risks.

Sure I know we're talking about Japan but that is just my example. Plus Japan is more or less based on the USA's production/laws/treaties/etc because we built Japan no doubt.

 

[Kippykip]

I hope the DSTwo isn't next!

 

[Rydian]

It's pretty ignorant to say they aren't for anything other than piracy or running unauthorized content.

It's pretty ignorant to speak as if homebrew didn't exist, and to be a GBATemp member for this long and not be aware of the DS homebrew scene, and the fact that GBATemp actually ran competitions with cash and object prizes for creating DS homebrew every so often.

http://gbatemp.net/forums/homebrew-bounty-entries.180/

Like seriously, you might want to get your long-term memory looked at, because it needs an RMA.

 

[McHaggis]

I hope the DSTwo isn't next!

It was the retailers that were targeted, not the R4 manufacturer. They were probably busted for selling DSTwos and other cards too. People just use R4 as a synonym for flashcard these days.

 

[FireGrey]

It's pretty ignorant to speak as if homebrew didn't exist, and to be a GBATemp member for this long and not be aware of the DS homebrew scene, and the fact that GBATemp actually ran competitions with cash and object prizes for creating DS homebrew every so often.

http://gbatemp.net/forums/homebrew-bounty-entries.180/

Like seriously, you might want to get your long-term memory looked at, because it needs an RMA.

I highly doubt that anyone has gotten an R4 for only non-emulator homebrew.
And even so, homebrew is running unauthorized content.

 

[Rydian]

I highly doubt that anyone has gotten an R4 for only non-emulator homebrew.

Sorry, but not everybody shares your stance. There are people that have done it.

Besides, that's not what you originally posted. You doubted that people did anything else, which is obviously wrong.

And even so, homebrew is running unauthorized content.

... so?

If I write a "hello world" program in C++ on my PC, that's not an authorized program.

The preferences of a company do not dictate laws or morals.

 

[FireGrey]

Sorry, but not everybody shares your stance. There are people that have done it.

Besides, that's not what you originally posted. You doubted that people did anything else, which is obviously wrong.

... so?

If I write a "hello world" program in C++ on my PC, that's not an authorized program.

The preferences of a company do not dictate laws or morals.

The DS was sold in the knowledge of Nintendo having to authorize everything that is run on the system.
The DS isn't meant to be running content not authorized by Nintendo, that's why they are justified in taking legal action.

 

[McHaggis]

The DS was sold in the knowledge of Nintendo having to authorize everything that is run on the system.
The DS isn't meant to be running content not authorized by Nintendo, that's why they are justified in taking legal action.

Wrong. They can't take legal action for running unlicensed content. That's neither a civil nor criminal matter. They don't even try and forbid unlicensed content in EULAs, all they do is say that it will void warranty and may cause irreparable damage. Do you seriously think everyone buying a DS would know how the video game industry works? They wouldn't know the difference between licensed and unlicensed software if they were sold next to each other on the shelves. Unlicensed software has been around on consoles for years, some of it sold on shelves in bricks and mortar retail shops. Nobody tried to take those retailers to court (although Nintendo once tried taking Galoob to court for unlicensed software, and failed).

Nintendo was justified in taking legal action because those retailers were facilitating piracy. There's no existence of unauthorised software on video game consoles because authority lies with the owner of the hardware, not the company who manufactured it. Unauthorised software would be software that was installed or run without the owner's permission.

 

[FAST6191]

The DS was sold in the knowledge of Nintendo having to authorize everything that is run on the system.
The DS isn't meant to be running content not authorized by Nintendo, that's why they are justified in taking legal action.

What McHaggis said and though it is a US ruling it was quite an important legal ruling (sega vs accolade) that dismissed that line of logic
http://digital-law-online.info/cases/24PQ2D1561.htm

 

[Foxi4]

The DS was sold in the knowledge of Nintendo having to authorize everything that is run on the system.
The DS isn't meant to be running content not authorized by Nintendo, that's why they are justified in taking legal action.

Nintendo can't tell you what you can and can't do with a console that you own. If you feel like using it as a doorstep, you're entitled to do that too - after the transaction of buying the product Nintendo is no longer entitled to make any claims. Nintendo is in no way justified in taking any legal action whatsoever, no matter how you use your system.

 

[McHaggis]

What McHaggis said and though it is a US ruling it was quite an important legal ruling (sega vs accolade) that dismissed that line of logic
http://digital-law-online.info/cases/24PQ2D1561.htm

https://en.wikipedia.org/wiki/Sega_v._Accolade for dummies

 

[Foxi4]

The fact of the matter is that they're banned in those countries and with good reason. They're banned because the majority use is for piracy, just like guns are banned in some countries because the majority use is for criminal activity.

That's a very bold statement. I'm sure all the gangs, drug cartels and criminals generally have their guns registered and don't obtain them in an illegal fashion at all.

It doesn't compare to DVD/CD, which have a legitimate business purpose and are/were a requirement in the industry.

Because nobody has ever used a flashcart to listen to music, use an organizer or watch video clips that they legally own.

It's not a fair comparison.

I don't see how comparing rewrittable storage to rewrittable storage is in any way unfair.

Don't get me wrong, I think consumers should have the right to backup and use backups, but courts are entirely justified in banning a product whose primary function facilitates and encourages a criminal act.

Then DVD's and CD's should be banned as well as those too are used in making illegal copies - of DVD's and CD's.

Going after the individual makes no sense;

But it's the individual who committed the felony/crime - why would you not do that?

the damages are much less (and difficult to calculate) and costs make it an impractical method of combating piracy.

So what if it's impractical and the damages are small? It's merely unmasking how little impact piracy actually has on the industry. Again, in the case of a stabbing, I'm sure that chasing the company that made the knife is much more practical, but they're still not responsible for someone who stabbed another person with their knife. You don't chase the knife manufacturer, you chase the criminal.

Also, whoever thinks publishers lose anywhere near RRP on a game is smoking something. You're forgetting the cuts taken by the retailer, the licensor, tax/duty, etc. None of those things apply to a pirated game.

...and none of those things in any way harm the developers who actually made the games.

This might have had a valid argument that the r4 was only a micro sd (TF) adapter. Until you see the sellers website explaining how to install the firmware, where to put the roms etc.. How can you possibly argue this case without that being thrown in your face. I'd hate to be THAT lawyer. In the future you'll still see sales of r4 (and clones) I just think the firmware and homebrew will be more difficult to hunt down. So what if a noob can't figure it out. right??!!

Seeing that users have a right to backup their software, I don't see anything unreasonable in telling them how to do it and subsequently how to use the backup.

 

[FireGrey]

Nintendo can't tell you what you can and can't do with a console that you own. If you feel like using it as a doorstep, you're entitled to do that too - after the transaction of buying the product Nintendo is no longer entitled to make any claims. Nintendo is in no way justified in taking any legal action whatsoever, no matter how you use your system.

This isn't a lawsuit for using an R4, this is for selling it. If they were suing someone for using an R4 that would be different but this is for distributing R4s.
What's the difference between creating a system update to block use of them than to cut off the distributors?