Game copiers for Nintendo DS ruled illegal in UK

[photek1000]

A High Court has ruled that devices that allow gamers to play pirated video games are illegal in the UK.

The ruling specifically targets a range of popular devices which can be used to store and play copied games on the Nintedo DS handheld console.

The ruling says "game copiers" are illegal to import, advertise and sell in the UK.

The defendants - Playables Limited and Wai Dat Chan - had argued that they allow gamers to play home-made games.

"The mere fact that the device can be used for a non-infringing purpose is not a defence," read the ruling by Justice Floyd.

Nintendo said it was "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," it said in a statement.

Playables Limited and Mr Chan did not respond to requests for comment.

This UK judgment follows a similar ruling in the Netherlands earlier in July.

The Hague District Court ruled that 11 Dutch online retailers acted unlawfully by importing and selling game copiers for use with Nintendo DS and modification chips for use with Wii.

Game copiers are designed to fit into the game cartridge of Nintendo's DS. Games can then be loaded from memory cards.

The chips circumvent the protection measures Nintendo has built into its DS consoles, enabling illegally pirated games to be downloaded online and stored on a chip.

They are sold for as little as £10.

The ruling said that the defendants had imported nine different devices on a "large scale".

"HMRC and Trading Standards have seized more than 165,000 game copiers intended for the defendants," it read.

"The economic effect on Nintendo of the trade in these devices is substantial as each accused device can store and play copies of many Nintendo DS games."

Source - http://www.bbc.co.uk/news/technology-10790835

[Over Carl]

Fuck me, we may as well ban pc's under the same mentality then.

[Raptor]

Pretty f'ing obvious tho lets be honest.

[Northernbloke]

Wonder how much mileage there is in the argument that the game carts aren't actually "game copiers"?

R4/CycloDS et al are basically cartridges that allow a copy of a game to be played - they are not capable of actually copying the game itself and can't be classed as "game copiers"

[Bald Bouncer]

Wonder how much mileage there is in the argument that the game carts aren't actually "game copiers"?

R4/CycloDS et al are basically cartridges that allow a copy of a game to be played - they are not capable of actually copying the game itself and can't be classed as "game copiers"

Red Herring this is the important bit
"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,"

Also remember you have only seen press reports these will be a far cry from the reality of what was actually ruled on and the ruling applied so you will have to await the full judgement release but it seems they have refused to look beyond the fact the cart circumvents Nintendo's security systems and has ruled that breaches their rights not giving a flying fuck about the rights of the consumer and allowing them to protect a monopoly in conflict with rulings in France and Spain.

Of course this will be another million pound plus case paid for through council tax and they even pay the Nintendo experts for reports and to attend which comes out around £1500 and hour door to door and they normally come from abroad so 72 hours pay would be a conservative estimate and at least 3 experts. Maybe one day Trading Standards might do the job they got set up to do and protect the rights of the people against rouge companies rather than be ELSPA's puppets and stop accepting brown envelopes to protect the interests of multi billion dollar companies who are more than able to protect themselves.

It's a sad fact in this country the courts act in the interests of big business and in nearly every case will protect their rights before the man on the street, my opinion is if they want to protect their IP then they should pay and take it through the civil courts which is also the on the record view of many judges and done in most other European countries but you won't hear that reported or the costs.

[Cooleo]

How are us brits meant to boot homebrew then?

[Northernbloke]

Yeah I know that BB - just had my thinking out loud head on while i was reading the first post and my fingers ran away with it

[Bald Bouncer]

How are us brits meant to boot homebrew then?

The sale of the devices, import & advertising for sale is illegal not the use of them.

[DJ OD]

Like Rap said, it's not like anyone was under any misconception that these devices primarily exist purely to play pirated roms...

An interesting ruling tho. Expect shops getting raided and rom sites dying en mass now. Precident now set.

And as BB says, it's always the big companies that win, no matter what. If it takes a day or a year, they will win. 50p or 50million...


DJ OD

[lloydi]

looks like retailers are taking notice, R4i owned by memorybits is now a blank page, bought two acekards off them just last week. Do you reckon we could still sneak em in from dealextreme?

[Bald Bouncer]

looks like retailers are taking notice, R4i owned by memorybits is now a blank page, bought two acekards off them just last week. Do you reckon we could still sneak em in from dealextreme?

I would guess as soon as the ruling was made they contacted the customs to make sure the blocking of the imports are high priority, won't say you wouldn't get one through but your chances I would guess are now on a par with anything else illegal to import plus the fact it's something new for them to be looking for.

[lloydi]

cant see them on dealextreme anyways lol

[Brydo666]

Maybe this will stop the millions of texts I keep meaning to stop from R4i...

[lloydi]

Nice link cheers

[Cooleo]

So we can't import them and they cant be sold. Does that mean we will have to build our own if we want to do homebrew?

[Bald Bouncer]

This is the judgement, it seems this was a private prosecution so you have to give credit to Nintendo for that but the reasons become clear for that as it is not a defended action and a summery judgement so there is no counter argument from a defence.

HERE

[littlebilly1]

I posted this site the day of the ruling, there's been a rule change on df might want to remove the link

[satzzz]

Apologies,I should know better.

[{{909}}]

When you can buy a product like the R4 on amazon (all be it through the market place) and on endless other SD card shops and similar, its hardly a surprise that Nintendo wasn't happy about it. Personally, I wasnt happy about it either, I admit I have used DS flashcards since they were available, and similar products on other consoles, but I wouldn't want every man and their dog to do the same.

[lithho]

When you can buy a product like the R4 on amazon (all be it through the market place) and on endless other SD card shops and similar, its hardly a surprise that Nintendo wasn't happy about it. Personally, I wasnt happy about it either, I admit I have used DS flashcards since they were available, and similar products on other consoles, but I wouldn't want every man and their dog to do the same.

why not?