AfterDawn: News

R4 flash cart importer receives 12 month prison sentence

Yun Can Meng, of the UK, has been sentenced to one year in prison this week, after pleading guilty to illegally importing R4 flash carts into the country.

Meng imported 26,500 of the cards, and was arrested after a raid by the the Entertainment and Leisure Software Association’s (ELSPA) Crime Unit, Hull City Council Trading Standards Department and the Humberside Police force.



Flash carts allow for users to run homebrew on their DS devices, as well as play pirated games.

Says ELSPA Director General Michael Ralinson: "Our crime unit is pleased with the outcome of this trial and pleased to see the Court of Appeal’s copyright judgement is being robustly enforced. Intellectual property (IP) theft is an important issue for the country’s videogames industry - as is protecting it."

Written by: Andre Yoskowitz @ 19 Jan 2010 17:14

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• 19 comments

• baldfrog

  I didn't think that R4 cards were illegal in the UK?!

  19.1.2010 18:23 #1

• jos22

  Originally posted by baldfrog: I didn't think that R4 cards were illegal in the UK?!they are not illegal in the UK or most of Europe.
  
  "The problem is that the device itself is not illegal. “It’s the purposes that people use it for that’s often illegal,” says Rob Saunders, a spokesman for Nintendo UK. "
  
  source
  http://technology.timesonline.co.uk/tol/...icle4484224.ece edited by ddp
  
  might be more that he was importing illegally ie not having a licence to import commercial quantity of the product.

  19.1.2010 20:27 #2

• scum101

  He was charged under section 296ZB of the Copyright, Designs & Patents Act 1988 which refers to the sale/supply of items, such as game copier cards, modchips etc that circumvent copyright protection measures and allow copied games to be played.
  
  But I don't understand how they can make that stick without a leap of imagination and supposition.
  
  As the device itself is not illegal, only (possibly) the uses which the end customers put it to, he really has not committed any "copyright infringement" unless he was selling the cards with games already on them. Time and time again modchip suppliers have been raided and closed down only to prove that the devices are legal and only the end user can decide whether to use them in an illegal manner or not. Many times they have had the items seized returned to them after it has been proved that the supplier cannot be held responsible for the actions of the buyers.
  
  This judgement is scary as the case now opens the floodgates by which (using the same logic) all cd and dvd burners "could" be used to make copies of copyright material. That is the main use "most" customers make of them..

  19.1.2010 21:01 #3

• KillerBug

  Ban the sale of paint, as it can be used to make forgeries of paintings.
  
  Ban cars because they can be used to break the speed limit.
  
  Ban trees becase they can be made into pointy sticks to stab people with.

  19.1.2010 22:48 #4

• cyprusrom

  Originally posted by scum101: ...
  This judgement is scary as the case now opens the floodgates by which (using the same logic) all cd and dvd burners "could" be used to make copies of copyright material. That is the main use "most" customers make of them..Most customers,some like myself, have not never pirated a thing in my life,I bought my burner to make pretty beer coasters and toast...

  19.1.2010 23:03 #5

• Mik3h

  They must have had games pre-loaded onto them, by that logic you may aswell arrest re-sellers of CD and DVD drives. Sony had multiple lawsuits thrown at them for the VHS recorders, what a joke.

  20.1.2010 00:02 #6

• cyprusrom

  Me thinks crowbars need to be illegal to sell, since they can be used for braking&entering; how about rocks, can be used for illegal purposes, as an universal car door opener...

  20.1.2010 00:11 #7

• KillerBug

  Originally posted by cyprusrom: Me thinks crowbars need to be illegal to sell, since they can be used for braking&entering; how about rocks, can be used for illegal purposes, as an universal car door opener...Tooth brushes can be turned into knives...better ban them too. While you are at it, ban teeth, as they can be used to bite people.

  20.1.2010 00:53 #8

• ydkjman

  Any one know where I can get one for a good price ? :o)

  20.1.2010 01:51 #9

• scum101

  Toothbrushes.. 2 for 50p B+M Bargains
  

  Yes, we give you 100% free, no strings attached email! Just send us your address and we will send you as much free email as you could ever wish for

  20.1.2010 01:55 #10

• ZippyDSM

  *plays the empirical march*
  the MP3 police commeth

  20.1.2010 02:01 #11

• xboxdvl2

  Quote:Ban the sale of paint, as it can be used to make forgeries of paintings.
  
  Ban cars because they can be used to break the speed limit.
  
  Ban trees becase they can be made into pointy sticks to stab people with.
  
  Quote:Me thinks crowbars need to be illegal to sell, since they can be used for braking&entering; how about rocks, can be used for illegal purposes, as an universal car door opener... (sarcasm)why not banned anything sharp& anything blunt cause they can be used to stab or hit people.banned all electrical goods because they can give a fatal electronic shock.banned anything that can move faster than 20kmph including running as impact at that speed can cause serious damage.banned anything that can be thrown at someone.(sarcasm ended)
  
  Easier option banned the people that make stupid laws.
  

  PS2 with 12 games.

  20.1.2010 08:35 #12

• SProdigy

  Originally posted by Mik3h: They must have had games pre-loaded onto them, by that logic you may aswell arrest re-sellers of CD and DVD drives. Sony had multiple lawsuits thrown at them for the VHS recorders, what a joke.With innovation the "old guard" gets wary and panics about how they can bleed another penny out of the consumer, since they won't adapt to change themselves.
  
  Just look at all of the product placement in TV shows and movies now. NBC is flooding their shows with Honda Civics and Olympic propaganda. They have to be on crack to think no one will be watching the Olympics... or think everyone will DVR and pass on the commercials, which I still think is asinine thinking, since I would use this as my bathroom/get another beer break in the past!

  20.1.2010 09:43 #13

• juventini

  Originally posted by KillerBug: Ban the sale of paint, as it can be used to make forgeries of paintings.
  
  Ban cars because they can be used to break the speed limit.
  
  Ban trees becase they can be made into pointy sticks to stab people with.I see your point.

  20.1.2010 17:09 #14

• bastrdx

  Political correctness gone stupid if i buy a gun and choose to shoot someone with it do they arrest the gunsmith/retailer for selling it to me or me for being an idiot and doing it .....

  21.1.2010 20:25 #15

• KillerBug

  Originally posted by bastrdx: Political correctness gone stupid if i buy a gun and choose to shoot someone with it do they arrest the gunsmith/retailer for selling it to me or me for being an idiot and doing it .....We need some kind of NRA for technology.
  

  [DFI M2RS] [Athlon 9950] [ATI 3870HD] [Hauppauge WinTV-HVR-1600] [6GB Corsair DDR2] [4x Seagate ST31500341AS + 3ware 9690SA = 4.5TB RAID5] [2x Seagate 750GB + 2x Seagate 500GB + Adaptec 1430SA = 750GB RAID1 + 500GB RAID1] [Intel Gigabit NIC (PCI)] [LG 20X Lightscribe DVDR] [Coolmax 1200w Power Supply] [Logitech G15(first edition)] [Logitech G5(Second Edition)] [320GB Hitachi Boot] [320GB Hitachi Temp/Swap] [Modified and overgrown 4U Rackmount case] [22" & 24" screens mounted overhead] [Perfect Chair 085] [Logitech 5.1 Audio] [Windows 7 RC1]

  22.1.2010 03:55 #16

• DADEO1

  Labotomyies for everyone as the mind is a dangerous place.

  22.1.2010 08:02 #17

• leglessoz

  Frankly I don't see what's wrong with running homebrew apps and hardware on anything one purchases. If I buy something it's mine to with as I please. How is running homebrew intellectual theft? They are morons.
  
  I have the same issue with region coding. If I buy a game in the USofA I should be able to play that game on my Australian sold console. If I buy a region A Blu-Ray movie it should play on a PS3 bought in Australia. That why modchips were not deemed illegal here. I wonder if flash carts are.
  
  The device should not be illegal, just some of the uses one puts it to.

  22.1.2010 09:58 #18

• KillerBug

  Originally posted by leglessoz: The device should not be illegal, just some of the uses one puts it to.I agree...but world governments do not. This is why automatic weapons are illigal in many countries. Convince them to legalize the sale of machine guns, and you might convince them that modchips are OK.
  

  [DFI M2RS] [Athlon 9950] [ATI 3870HD] [Hauppauge WinTV-HVR-1600] [6GB Corsair DDR2] [4x Seagate ST31500341AS + 3ware 9690SA = 4.5TB RAID5] [2x Seagate 750GB + 2x Seagate 500GB + Adaptec 1430SA = 750GB RAID1 + 500GB RAID1] [Intel Gigabit NIC (PCI)] [LG 20X Lightscribe DVDR] [Coolmax 1200w Power Supply] [Logitech G15(first edition)] [Logitech G5(Second Edition)] [320GB Hitachi Boot] [320GB Hitachi Temp/Swap] [Modified and overgrown 4U Rackmount case] [22" & 24" screens mounted overhead] [Perfect Chair 085] [Logitech 5.1 Audio] [Windows 7 RC1]

  23.1.2010 06:06 #19