Saturday February 11, 2012 8:48 AM AEST

Nintendo continues its anti-piracy crusade

By David Hollingworth
10:12 Feb 19, 2010 | 10 Comments
Tags: nintendo | game | piracy | console | news
Nintendo continues its anti-piracy crusade

Console maker and game publisher Nintendo forces local distributor to cease and desist selling DS mod chips.

The big media reported it pretty heavily last week - Nintendo's on a tear when it comes to stopping pirates. The company successfully sued a lone gamer for pirating a Nintendo title, and now it's going after the suppliers of R4 SHDC Cards.

R4 cards allows users to a do a whole mess of stuff with their Nintendo DS, from watching movies and listening to music, to working on homebrew mods and applications. Sadly, it can also be used for copying games.

In a chest-thumping press release sent out today, Nintendo's announced a successful action against local supplier GadgetGear. The company has not only agreed to stop importing the R4 cards, but has also agreed - according to the release - that they are in fact "game copying devices [that] infringe both Nintendo's copyright and Nintendo's trademarks and that they are illegal circumvention devices."

Which, to editorialise, is akin to saying that a motor car is an illegal pedestrian murder device that violates the breathing rights of humans everywhere.

GadgetGear is also going to pay Nintendo $620,000 in damages - far less than the $1.5 million the alleged pirate settled to pay last week.

Nintendo also says in the release that it is "contemplating bringing further actions against other sellers of game copying devices in Australia." A quick Google search brings up a huge list of suppliers, both local and OS however - Nintendo's got its work cut out, but then again, it's got a lot more legal power to throw around. 

What's also interesting to note is that a lot of suppliers, like R4card.com.au, explicitly state that using this card for copying is"illegal to use an R4 card for uses such as downloading illegal games, music, pictures, movies etc, this is backup device for property you own."

It's a worrying move, to be sure. Atomic's always supported the homebrew and console modding community; we will continue to do so, but it remains to be seen how far Nintendo's going to take its staunch anti-piracy campaign. Will the company end up targeting modding articles and tutorials?

Only time will tell.

We've contact Nintendo for comment, and will hopefully have a response later today. In the meantime, what do you guys think - any users of R4 cards out there?

 
 
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10 Comments
Seraphic
Feb 19, 2010 10:57 AM
Does anybody else feel like the things that we've taken for granted for so long like the NDS Cards, the ability to mod consoles, an internet without filtering etc are slowly being stripped from us one by one? It's getting scary, soon we aren't going to be able to do anything without someone saying no.
studor
Feb 19, 2010 11:32 AM
Indeed. People might actually have to - shock horror - buy games, film, and music legally!
Jeruselem
Feb 19, 2010 12:07 PM
The more companies try top lock down and dumb down their products, the more people want to hack into them and use their full potential.
sirtrancealot
Feb 19, 2010 12:18 PM
agreed.. that's certainly the case for my iPhone with a jailbreak, i got jack of having good hardware but a severely limited OS.
seems like unlocking the full potential of hardware will so be considered outlaw! which is a damn shame
AViper2000
Feb 19, 2010 1:32 PM
think Nintendo is making a big fuss out of nothing. Whilst I don't use a R4 card, I personally use an Acekard since I hate carrying multiple game cartridges around. These cards are great and allows me to keep my original cartridges at home under storage whilst I travel around.
xFOADx
Feb 19, 2010 3:57 PM
I buy legit games, I play illegit games, personally if I cannot cannot dl tv shows, play dodgy games I am not going to buy anymore that I am now, or sit down to watch channel 9 mutilate top gear with cuts and ads.

I hope my pandora is built and shipped soon. lets see Nintendo stop that one.
MagnumXY
Feb 19, 2010 4:25 PM
Why doesn't the distributor take Nintendo to court over this? IIRC Sony got done in a similar case in the UK.
TazFromOz
Feb 19, 2010 8:40 PM

True Magnum. So that gives them an ... err... prior thing. Because the Playstation chips allowed legal things, like playing games and viewing movies from other zones, they lost. Because the DS cards allow you to do legal things like playing different music codecs, homebrew dev / use, etc.

So we SHOULD win. It would cost hundreds of thousands to take it to court (at least), so that's not good.
fr3nzystrikesback
Feb 22, 2010 7:57 AM
And if we won, part of the settlement could be Nintendo covering our court costs :) God knows they have enough money from whoring the Wii to the world.
fliptopia
Feb 24, 2010 12:03 AM
The problem is that most people who buy them are probably looking to get pirated games. Spoiling it for the rest of us.
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