AfterDawn: News

Nintendo DS flash cart case thrown out of Spanish court

A criminal complaint filed by Nintendo against the seller of a DS flash cart has been thrown out this week by a Spanish court, with the judge ruling that the devices add legitimate functionality to the handhelds.

The complaint was against the Movilquick Group, a seller of the devices. The flash carts allow for homebrew files, the easier playback of music, e-books and movies, and on the illegal side, the playback of pirated games. Movilquick has long said they are against piracy, and do not support their devices being used to playback unauthorized commercial software.



The judge ruled in favor of them: “Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”

The judge also noted that just because Nintendo had not included the added functionality to their handheld, it should not stop others from doing so. However, if the company wants to bring a case against Movilquick over patent and trademark issues, they may have a shot in civil court, added the ruling judge.



Written by: Andre Yoskowitz @ 24 Nov 2009 11:50

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• 20 comments

• Tristan_2

  This will be very interesting to see what Nintendo does if they choose to appeal, I really like this judge and completely made a point, So if the case with Microsoft gets put into action I can see a 60/40 chance of winning,this is a very nice ruling on this judge in this case.

  24.11.2009 19:05 #1

• Amak

  Any remote chance of replacing our judges in the States with ones like these? Spanish judges have some sense!

  24.11.2009 19:09 #2

• atomicxl

  If I made a device that hooked up to ATMs and funneled money into other accounts AND it functioned as a calculator (legal functionality mixed with illegal functionality), they'd probably let that fly.

  24.11.2009 19:58 #3

• nintenut

  It's weird to me that whenever a news place brings up an article regarding Flashcarts, they usually reference the worst ones in the article or in an image attached to the article...
  It's all about the DSTT and the R4 for hardcore pirates, screw being able to actually play games!
  
  Originally posted by atomicxl: If I made a device that hooked up to ATMs and funneled money into other accounts AND it functioned as a calculator (legal functionality mixed with illegal functionality), they'd probably let that fly.
  *Sigh*

  24.11.2009 22:17 #4

• 82Eazy82

  I adore my Supercard DSone, I simply cant afford pricy prices for handheld games.
  
  So it's yo-ho-ho and a bottle o' rum for me, all day.

  25.11.2009 01:10 #5

• Amak

  Originally posted by atomicxl: If I made a device that hooked up to ATMs and funneled money into other accounts AND it functioned as a calculator (legal functionality mixed with illegal functionality), they'd probably let that fly.Sorry, but you're a moron. That device is obviously gonna do nothing but harm, maybe a wee bit of good. Flashcarts, however, can't be proven to be solely for pirating.
  
  Your little statement also fails because any judge would see the harmful implications clear as day.

  25.11.2009 03:20 #6

• DVDBack23

  Quote:It's weird to me that whenever a news place brings up an article regarding Flashcarts, they usually reference the worst ones in the article or in an image attached to the article...
  It's all about the DSTT and the R4 for hardcore pirates, screw being able to actually play games!Movilquick sells the DSTT, hence the pic :)

  25.11.2009 10:53 #7

• ZippyDSM

  Originally posted by atomicxl: If I made a device that hooked up to ATMs and funneled money into other accounts AND it functioned as a calculator (legal functionality mixed with illegal functionality), they'd probably let that fly.Incorrect analogy, if you made a device that created papper money out of thin air then...can I have one?
  
  BTW you can't steal data its like saying listening to old radio broadcasts in space is infringing on copyright..... now if they bottled it and sold it back to us...ya that would be infringing.
  ===================================================================
  
  It is real simple you can not lock up hardware under vague rules nor can you put absolustions on software.

  26.11.2009 09:00 #8

• pspbarry

  People get a buzz out of getting software free, always have always will, going right back to the spectrum that bumped out a game to tape at the press of a button, its the ripp off factor, tell me you use your r4 to play snez rom in an emulater and ill fall to the floor laughing.

  27.11.2009 16:50 #9

• ZippyDSM

  Originally posted by pspbarry: People get a buzz out of getting software free, always have always will, going right back to the spectrum that bumped out a game to tape at the press of a button, its the ripp off factor, tell me you use your r4 to play snez rom in an emulater and ill fall to the floor laughing.
  Some SNES games are still better than the crap they chrun out today....

  27.11.2009 16:54 #10

• IguanaC64

  I'm more than a little annoyed that the SNES emu I have for my DS chops the bottom of the screen off now that you mention it =).
  
  Seriously, though...if Nintendo doesn't want to allow you to play music and video on your DS and a flashcart will, then screw Nintendo. Why accept artificial limits on the utility of your purchase?

  30.11.2009 11:19 #11

• nintenut

  Quote:Originally posted by pspbarry: People get a buzz out of getting software free, always have always will, going right back to the spectrum that bumped out a game to tape at the press of a button, its the ripp off factor, tell me you use your r4 to play snez rom in an emulater and ill fall to the floor laughing.
  Some SNES games are still better than the crap they chrun out today....
  Absolutely.
  
  Now, get on the floor and laugh.

  30.11.2009 22:59 #12

• ZippyDSM

  Quote:Quote:Originally posted by pspbarry: People get a buzz out of getting software free, always have always will, going right back to the spectrum that bumped out a game to tape at the press of a button, its the ripp off factor, tell me you use your r4 to play snez rom in an emulater and ill fall to the floor laughing.
  Some SNES games are still better than the crap they chrun out today....
  Absolutely.
  
  Now, get on the floor and laugh.
  I am to busy crying at the death of qaulity.

  30.11.2009 23:04 #13

• pspbarry

  Quote:
  
  Originally posted by pspbarry: People get a buzz out of getting software free, always have always will, going right back to the spectrum that bumped out a game to tape at the press of a button, its the ripp off factor, tell me you use your r4 to play snez rom in an emulater and ill fall to the floor laughing.
  
  
  Some SNES games are still better than the crap they chrun out today....
  
  
  Absolutely.
  
  Now, get on the floor and laugh.
  
  
  ok you win, all the r4 are used for emulation and not for pirating games.
  
  ps whats santa bringing you for christmas?

  1.12.2009 14:07 #14

• ZippyDSM

  Originally posted by pspbarry: Quote:
  
  Originally posted by pspbarry: People get a buzz out of getting software free, always have always will, going right back to the spectrum that bumped out a game to tape at the press of a button, its the ripp off factor, tell me you use your r4 to play snez rom in an emulater and ill fall to the floor laughing.
  
  
  Some SNES games are still better than the crap they chrun out today....
  
  
  Absolutely.
  
  Now, get on the floor and laugh.
  
  
  ok you win, all the r4 are used for emulation and not for pirating games.
  
  ps whats santa bringing you for christmas?
  a HDMI/DVI 24 inch monitor 40K:1 dynamic contrast (1000:1 real contrast) ah well not the best but ti was 160$ free shipping >>

  1.12.2009 14:21 #15

• pspbarry

  a HDMI/DVI 24 inch monitor 40K:1 dynamic contrast (1000:1 real contrast) ah well not the best but ti was 160$ free shipping >>
  
  nice :)

  1.12.2009 16:16 #16

• ZippyDSM

  Originally posted by pspbarry: a HDMI/DVI 24 inch monitor 40K:1 dynamic contrast (1000:1 real contrast) ah well not the best but ti was 160$ free shipping >>
  
  nice :)ya my 10 year old 40LB 23inch monitor days are numbered and I been wiating forever for a good LCD setup for under 200$ slaped a 3 year full coverage warranty on it from square trade for 20$ and now I am ready for it to fall apart or last LOL
  
  I got ti from tiger
  http://www.tigerdirect.com/applications/...03SHIP-_-03ship

  1.12.2009 16:30 #17

• pspbarry

  ya my 10 year old 40LB 23inch monitor days are numbered and I been wiating forever for a good LCD setup for under 200$ slaped a 3 year full coverage warranty on it from square trade for 20$ and now I am ready for it to fall apart or last LOL
  
  you should get 3 years from most tv`s now, i think lcd`s have come down so much now a 32inch here in the uk for £250 to say a few years back it cost double that, i like bargins and upgrading my stuff :)

  1.12.2009 16:57 #18

• ZippyDSM

  Originally posted by pspbarry: ya my 10 year old 40LB 23inch monitor days are numbered and I been wiating forever for a good LCD setup for under 200$ slaped a 3 year full coverage warranty on it from square trade for 20$ and now I am ready for it to fall apart or last LOL
  
  you should get 3 years from most tv`s now, i think lcd`s have come down so much now a 32inch here in the uk for £250 to say a few years back it cost double that, i like bargins and upgrading my stuff :)I plan on getting a 40-50 inch LCD HD TV in a year or 2 but I have to overhaul my trailer frist, new floor new insulation, some wiring new paneling most likely a heat and air unit,ect,ect

  1.12.2009 17:09 #19

• pspbarry

  I plan on getting a 40-50 inch LCD HD TV in a year or 2 but I have to overhaul my trailer frist, new floor new insulation, some wiring new paneling most likely a heat and air unit,ect,ect
  
  its where we live m8 and making it nice is the best thing to do, best a luck with it, have a good xmas :)
  
  sorry to others as we seem to have gone off track but hay happy xmas to you all what the hell.

  1.12.2009 17:16 #20