AfterDawn: News

UK court rules R4 carts for DS illegal

A High Court in the UK has ruled this week that R4 carts, used by Nintendo DS owners to run homebrew and pirated games, is illegal.

The Court called the carts "game copiers" and ruled they are illegal to import, sell or even advertise in the UK.



Two defendants, Playables Limited and Wai Dat Chan were arguing that the carts simply allowed owners to run homebrew and playback movies and music.

The Justice did not agree: "The mere fact that the device can be used for a non-infringing purpose is not a defence."

Nintendo was happy with the decision: We are "pleased that the court was not persuaded by the defendant's arguments, claiming that game copiers are lawful, as they allow for the play of 'homebrew' applications. The court affirmed that game copiers first circumvent Nintendo's security systems before any non-infringing application can be played on Nintendo's handheld products."

The ruling follows a recent similar decision by a judge in the Netherlands.

Written by: Andre Yoskowitz @ 29 Jul 2010 12:05

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• 14 comments

• Zealousi

  bad news for DS fan's
  

  29.7.2010 12:12 #1

• hooter007

  just because some ould fart sitting on a high chair says you cant use them
  thats not going to make any difference to people who use or plan on using them!
  

  ALL INFO FOR EDUCATIONAL PURPOSE ONLY
  
  HOOTER007

  29.7.2010 13:00 #2

• dEwMe

  I think I'lll buy one now...
  
  

  Just my $0.02,
  
  dEwMe
  

  29.7.2010 13:09 #3

• elbald90

  it just means i can import them and sell them for more money than before :)
  

  29.7.2010 13:17 #4

• age of revolution (unverified)

  Maybe they will make computers illegal next. Just cause you can use them for legal purpose, they can still be used to make illegal copies of copyrighted material and therefore should be illegal

  29.7.2010 17:20 #5

• aj123

  Originally posted by age of revolution: Maybe they will make computers illegal next. Just cause you can use them for legal purpose, they can still be used to make illegal copies of copyrighted material and therefore should be illegal thats just a ridiculous example. The R4 becoming illegal is just common sense in what was going to happen. It is clearly used primarily for illegal activities by most if not all ppl. It won't stop ppl from using them, but it will make it harder for ppl to obtain them, which is pointless anyways because i believe there are better cards out there. Its too lil, too late anyways for this law
  

  29.7.2010 18:15 #6

• beanos66

  glad I've already got mine :D

  29.7.2010 19:04 #7

• DXR88

  game copiers. the carts don't Copy anything and there there blank.
  
  the RSA is embedded inside the DS so the judges and Nintendo point of view are both invalid.
  
  Pay more judges off Nintendo, i suppose you can afford them now huh.
  
  then again it is the UK, home of the controlled environment.
  

  Powered By
  
  

  29.7.2010 20:59 #8

• Ryoohki

  Originally posted by aj123:
  thats just a ridiculous example. The R4 becoming illegal is just common sense in what was going to happen. It is clearly used primarily for illegal activities by most if not all ppl. It won't stop ppl from using them, but it will make it harder for ppl to obtain them, which is pointless anyways because i believe there are better cards out there. Its too lil, too late anyways for this law I know plenty of people who do not play many (or any) commercial games on their carts. I happen to be one of them. I don't play anything more complicated than tetris and even that is rare or I play retro games (snes, genesis, etc) on it. I use my ds mainly to listen to music and watch videos when I'm at work. I didn't see the need to buy stand-alone media player when my ds would do the job just fine with the proper equipment (i love my m3 zero)

  30.7.2010 07:50 #9

• dEwMe

  Originally posted by aj123: because i believe there are better cards out there. Its too lil, too late anyways for this law Doh I bought one yesterday...Any particular sites that would provide more info on what's out there?
  
  

  Just my $0.02,
  
  dEwMe
  

  30.7.2010 09:35 #10

• Gnawnivek

  Then Jailbreak is illegal in UK as well...
  

  Peace!

  2.8.2010 10:16 #11

• jos22

  why would some pay for one in the uk. I saw one uk website selling them for 20 pounds. one based in china selling the same one for 7 us dollars with free shipping.
  

  2.8.2010 21:21 #12

• matheu00 (unverified)

  This whole thing about r4 being made illegal, is perfectly understandable as it is holding back the sales on the ds games, as they can be downloaded for certain sites. I've been looking at the r4i-sdhc v1.4.1
  From the research of looking around the sellers of such cards say that using r4 type cards is not illegal but using them for pirated games is not condoned by the seller.
  
  I have lots of bought games so I have the originals but its just easier to have them on one card. Plus music and videos. All is good.

  16.2.2011 05:48 #13

• tongs007

  i can buy a nds r4 from uk for under 5 pound and an acekard 2i with a 2 gig card for 13 pound so 20 quid is bull. many people use them them for illegal downloads. just wish nintendo had the spanish ps3 jailbreak judge lol he told sony its there console they can do what they want with it. carts will always be around, wether you pay over the odds or not. illegal to sell in uk but we can buy from abroad and use and download so its a no win

  16.2.2011 15:37 #14