Spanish Court to Nintendo: Piracy Adds functionality
15 replies, posted
[url]http://www.sankakucomplex.com/2009/11/30/courts-tell-nintendo-piracy-adds-functionality/[/url]
[quote]
Nintendo has suffered a rare courtroom reverse in its efforts to discourage rampant piracy on its Nintendo DS system, with courts telling it that flash cartridges “add functionality,” even if they admit most of this functionality is intended to enable copyright infringement.
Spanish courts ruled that though these cartridges are used in piracy (in this case in a product sold by Movilquick, which Nintendo wanted to see the end of), they also have other uses and thus Spanish copyright laws against “anti-circumvention devices” do not apply:
[quote] [The device] may be used by acquirers for both pirating games and for adding legitimate functions, including use of legitimate games from other countries, backing up original games, or various other functions such as managing photos, music or operation of free software.
Ultimately what occurs is the manipulation of hardware to extend its functionality, allowing use for both legitimate and illegitimate ends, but not only illegitimate ones.[/quote]
No honest observer could deny that such devices are overwhelmingly manufactured and marketed based on their use in enabling piracy, with “backups” and “homebrew” merely used as a euphemism and legal pretext to allow the industry to survive.
However, the insistence of content providers on attempting to geographically restrict distribution of their products in a crude attempt at price discrimination certainly does supply a compelling legal use for these devices – for region locks to provide a legal justification for piracy devices is an irony indeed.
Of course, it must also be noted that Spain has no significant domestic gaming industry to speak of, a situation perhaps likely to persist…
[/quote]
Hah, take that.
I have a Supercard and a Superkey for my own DS.
Yeah we all jailbreak our iPods and hack our PSPs and use flashcarts with DSs for homebrew
[QUOTE=Umi-hebi;18672380]Yeah we all jailbreak our iPods and hack our PSPs and use flashcarts with DSs for homebrew[/QUOTE]
Jailbreaking existed before there was an app store to pirate from.
So no one will make money anymore and become homeless and unemployed due to piracy. games will become poor quality and lousy.
[QUOTE=Umi-hebi;18672380]Yeah we all jailbreak our iPods and hack our PSPs and use flashcarts with DSs for homebrew[/QUOTE]
I don't. I bought my DS and DS Lite to play DS and GBA games. When I wanted to browse the internet on my DS, I bought the Opera Web Browser game card and memory expansion packs.
[QUOTE=Cheesemonkey;18672428]Jailbreaking existed before there was an app store to pirate from.[/QUOTE]
But a main motivator behind people jailbreaking their iPods around now is app piracy
[QUOTE=BCell;18675657]So no one will make money anymore and become homeless and unemployed due to piracy. games will become poor quality and lousy.[/QUOTE]
So no shitty games will make money any more and those shitty developers will become homeless and unemployed due to making shitty games. Games will become better quality and more people will buy them.
[QUOTE=BCell;18675657]So no one will make money anymore and become homeless and unemployed due to piracy. games will become poor quality and lousy.[/QUOTE]
Yeah just like all those other times that piracy killed music and movies and games :downs:
:cawg:
I use a R4 myself. Mainly because it truly extends functionality and allows for my own homebrew. You're losing the fight against pirates if you're providing less service and functionality, which is what Nintendo does. My advice for their next generation device: inbuild harddrive and PC software that enables you to put the games on it you want, plus an online store where you can buy games to download. An open SDK would be nice too.
Still, it's Nintendo we're talking about. They can build unique games but they're not that great with modern services.
Maybe nintendo should release it's own flash cart, so people can make their own games but some how stop them being used for piracy.
Honestly, who gives a flying fuck? Most of the games on the DS are very easy to make, and are sold for way, way over their actual value. Nintendo may be "losing money" to flash carts, but it's in the same way a millionaire would lose money if somebody refused to trade them 30 dollars for 1 dollar of theirs.
Nintendo gets a massive profit cuts from DS games, because they take very little time or man power to develop. If one person bought a ds game, for another 20 that pirate it, Nintendo would still be cutting a profit.
[QUOTE=BCell;18675657]So no one will make money anymore and become homeless and unemployed due to piracy. games will become poor quality and lousy.[/QUOTE]
The more you take the less there will be, the disks become fewer, the games fall away, the screen starts to shrink and then it will fade, programs fall through a black hole in space, the computer world becomes bleak and stark, loses its life and the screen goes dark. [b][i]Welcome to the end of the computer age.[/i][/b]
[media]http://www.youtube.com/watch?v=up863eQKGUI[/media]
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You say "I'll just make a copy for me and a friend", then he'll make one and she'll make one and where will it end? One leads to another, then ten, then more, and no one buys any disks from the store. So no one gets paid and they can't make more! The posse breaks up and that closes the stores! [b]Don't copy, don't copy that floppy![/b]
[editline]f[/editline]
No Carmen Sandiego, no more Oregon Trail, Tetris and the others, they're all gonna fail!! :byodood:
I don't think they (Spain) give a shit since there's literally no business for anything technological, or books, or anything, thus they barely get taxes from it.
Hell, I was walking around and I saw launch Wii games still going for €50-€60 since that's probably what they need to go for for the shops to atleast get some profit.
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