I don't feel like posting here anymore. But, since this happened in my city and since I know the company (9net), I might as well give my 2 cents.
http://www.ign.com/articles/2015/11/16/nintendo-wins-piracy-court-ruling
What a victory! Going after those little shop owners, that'll stop piracy
forever.
What a great post! Going after companies that try to protect their business by going after those who make a profit from others' hard work.
Anyway, the whole situation is a few years old, starting from 2011 and coming to an end just now. The italian law has always punished piracy for profit (at first it was just monetary profit, now it's generic profit, but it changes nothing here) but it has been very lenient in the past. By the time the PS1 mods were out, you could buy modchips and pirated games either "under the table" or by illegal baracchini in the streets. The two companies Nintendo sued sold DS and Wii mods, probably flashcards and Wii modchips, that the company always stated how they only intended the mods to enable the consoles to play music, movies and such. I am very tired and I couldn't find anywhere that the company might have been selling pirated games as well. If someone wants to take a look, I'm leaving the documentation at the end of this post. If they got in trouble by selling pirated games, then Nintendo is right. If they got in trouble just by selling modchips and flashcards after the EU statement about flashcards, this is still wrong but I don't think that warrants for the law. It's not like they were the only ones selling flashcards here, they were very common (I even got one from an italian website very long ago) until the EU statement, then they were still around, but they all came from places like China and such, even though the websites and companies were still italian. They might have gotten in trouble for something as stupid as buying them in large stocks and keeping them in Italy. But, by 2911, pretty much everyone knew about flashcards, even parents that knew nothing about hacking, or even technology, with a lot of dishonest stores asking money to put games on flashcards.
2012 article
http://eulawradar.com/case-c-35512-...-game-piracy-or-an-unjust-market-foreclosure/ (english)
2014 articles
http://www.lexology.com/library/detail.aspx?g=e4ed7da6-6f3d-4275-8124-33159d8d50d8 (english) and
http://www.repmag.it/rubriche/copyr...izia-europea-nel-caso-nintendo-vs-pc-box.html (italian)
The official statement
http://curia.europa.eu/juris/document/document.jsf?docid=146686&doclang=EN (english)
I'll stick around here if you have further questions.
PS: I'm not linking more italian sources because last time some dumb journalist wrote about someone selling more than 300 "fake DSs", failing to realize that they were imported from Japan. And this was on newspaper, ugh.