AfterDawn: News

Update: Nintendo has seized 30,000 DS piracy devices in 2008

Just one day after they announced a lawsuit against manufacturers and distributors of the R4 Revolution device, Nintendo has reported that they have already seized over 30,000 piracy devices which they believe infringe company copyrights.

The lawsuit, a joint venture with 54 other publishers hopes to get injunctions on the R4 and other devices that promote piracy on the Nintendo DS.



"Nintendo takes a global approach to piracy and has pursued the illegal game copying devices in 11 countries this past year," said the company.

"Nintendo has worked with enforcement officials in Belgium, China, Denmark, France, Hong Kong, Italy, Korea, Netherlands, Spain, UK, and the US, seizing close to 30,000 infringing game copying products, as well as taking actions against those distributors and manufacturers."

The popular R4 device is a flash cart and MicroSD adapter that allows user to install the custom Moonshell software on their DS and then load ROMS onto the MicroSD card and play them back on the handheld. The R4 bypasses all Nintendo firmwares and loads the Moonshell allowing the game playback as well as music, movies and even classic system emulators.

"Nintendo and software manufacturers are suffering tremendous loss caused by the import and distribution of such devices," added the company.

"Nintendo and software manufacturers have determined that the spread of such devices in the market would hinder sound growth and development of the entire computer game industry and will therefore continue to take strict legal measures against any game copying devices that operate like the R4."

Written by: Andre Yoskowitz @ 30 Jul 2008 15:10

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• 15 comments

• ZippyDSM

  but you are violating fair use, these devices do nothing agisnt the law its the illict software,FAIL! try again!

  30.7.2008 15:28 #1

• ChiknLitl

  This is why I just bought 2 new M3DS Reals. It's a shame when you think of these small pieces of plastic. I had to open up my R4 because of a broken spring. There is not much to it really. I can't image that any flashcart costs all that much to manufacture. What gives nintendo the right to sieze these devices anyway?

  30.7.2008 16:08 #2

• dragnandy

  whew, good thing i got my r4 earlier..

  30.7.2008 16:16 #3

• Rudeboi

  Originally posted by ChiknLitl: What gives nintendo the right to sieze these devices anyway?The article says 'which they believe infringe company copyrights.'
  
  Poor nintendo, those devices have been crippling the DS game sales.
  
  I own an AceKard 2 by the way, haha

  30.7.2008 16:31 #4

• SProdigy

  Yeah, these devices are useless without software, not to mention the software has to be loaded onto a microSD card. The microSD and/or software are not typically shipped with the R4, M3DS, etc.
  
  Then there's the games. You have to get those somewhere. It's not like the flash carts come with those either.
  
  From a personal perspective, I don't like the word "backup" for DS games. Who backs up DS games? I can backup my Wii or 360 games, but I sure as hell don't have the means or equipment to backup DS games! Maybe that's "who" Nintendo should be going after!

  30.7.2008 16:47 #5

• DXR88

  Nintendo must be under new management, sad really Nintendo as been known for not getting into piracy issue's like the other guys, Roms are easy to dump especially with Nintendo DS, as you don't need a external device to dump Roms.
  
  Anyway this lawsuit is wrong, the R4 card is not a illegal Device, as when you get it its blank. the R4 is nothing more than a Blank CD-RW in a sense.

  30.7.2008 23:35 #6

• varnull

  How about the "interoperability" argument? The devices are completely legal.. I don't see anybody trying to stop the sale of D/L dvd's or any other blank media because it "encourages piracy"
  Any device which can be shown to allow interoperability like running alternative operating systems is allowed, and in fact protected under international trade and competition regulations and treaties..
  
  Tendo are committing a crime here.. the crime of anti-competetive behaviour by stifling the legitimate business of making accessories for their product.
  
  As you can install and run linux from one of these devices their case is already lost!! http://dslinux.org/cgi-bin/moin.cgi/MainPage
  
  Wait and see the FSF get involved with this one soon ;)
  

  
  
  Free open source software = made by end users who want an application to work. OOps.. http://www.theregister.co.uk/2008/07/25/...es_dead_hurrah/

  30.7.2008 23:45 #7

• ChiknLitl

  Quote:Originally posted by ChiknLitl: What gives nintendo the right to sieze these devices anyway?The article says 'which they believe infringe company copyrights.'
  
  Poor nintendo, those devices have been crippling the DS game sales.
  
  I own an AceKard 2 by the way, hahaI guess the more correct word would have been "authority". What gives Nintendo the authority to seize this product? are they the ones doing the seizure or are there some sort of law enforcement agencies involved?

  30.7.2008 23:57 #8

• varnull

  i would be very interested to see exactly which copyrights they hold which may have been infringed upon by a plugin device. You can buy full case replacements and non tendo batteries and chargers.. I'm pretty sure they have copyrighted the case design, unless it is seen as too generic to be allowed (or does somebody like seimens already own that design for a PDA device?)..
  
  I always thought that in copyright cases you had to get a legal decision that something was actually infringing your rights before you could send the search and seizure thugs in. There are usually a few court cases of XXX vs XXX to decide whether copyrights have been broken, and then most often firstly a "cease and desist" order with a time requirement, and a demand for the devices to be removed from sale by whatever date... (then they hit the black market from wherever they go for recycling.. want counterfeit CK clothing or Gucci bags? Try the local Police auctions.. hehehehe) or doesn't that apply now in our NWO of huge corporations uber alles?
  
  Sorry tendo.. I always thought you played reasonably fair.. seems like you have joined the media and electronics mafiosi.. now where is that disk with the 600 game roms on it.. £10 each anybody?
  

  
  
  Free open source software = made by end users who want an application to work. OOps.. http://www.theregister.co.uk/2008/07/25/...es_dead_hurrah/

  31.7.2008 00:14 #9

• susieqbbb

  Ok i hate to burst nintendo's huge bubble up there butt but mod chips have been legalized here in the u.s.a in fact a u.s district court filed charges against sony computer intertainment america for placing mod chip disabling technology inside the ps2 video gaming console.
  
  A court notice how i said a legal court of law stated that you can legally use mod chips as long as you own the original game...
  
  Which means nintendo cant do jack because if these lawsuits pass then nintendo would have violated fair use and software eula's across the board.
  
  All software eula's allow one functioning backup of the software of which you own.
  
  And if the big n thinks they can get away with violating peoples rights think again they would get sued.

  1.8.2008 05:03 #10

• ZippyDSM

  Originally posted by susieqbbb: Ok i hate to burst nintendo's huge bubble up there butt but mod chips have been legalized here in the u.s.a in fact a u.s district court filed charges against sony computer intertainment america for placing mod chip disabling technology inside the ps2 video gaming console.
  
  A court notice how i said a legal court of law stated that you can legally use mod chips as long as you own the original game...
  
  Which means nintendo cant do jack because if these lawsuits pass then nintendo would have violated fair use and software eula's across the board.
  
  All software eula's allow one functioning backup of the software of which you own.
  
  And if the big n thinks they can get away with violating peoples rights think again they would get sued.
  oh really? with the DMCA in place the ESA joined with the FBI and ICE to bully a few out of home modchip resellers in the US a few months ago, under the DMCA mod chips are illicit.

  1.8.2008 07:03 #11

• ChiknLitl

  @Susieqbbb
  
  Quote:All software eula's allow one functioning backup of the software of which you own. Although I've heard this many time from people I've never actually seen an EULA that explicitly mentions this. I have seen many EULA's that explicitly prohibit copying or "back-ups" of any kind.

  1.8.2008 08:28 #12

• pcrazy99

  Reality is Nintendo will never be able to completely stop this. Modchips, custom firmwares and console hacks will always be here. This headline reminds me of the war on drugs. The DEA seize 10,000 pounds of marijuana in drug raid. Yet I could still probably buy some pot somewhere in this city.

  2.8.2008 14:28 #13

• PrinceFX

  54 other publishers ?????? i thought nintendo was one of the only few who publishes games on the stupid DS and Wii

  7.8.2008 09:32 #14

• kevinchan

  Umm.. the R4 is merely a device - no IP infringement.
  
  On that note, I just received my R4 DS (3 of them to give as gifts).

  6.11.2008 05:14 #15