R4 Dealers being Threatened by the ESA?

[sonic209]

check this out http://www.ds-scene.net/?s=viewtopic&id=1517&p=1 is it true?

 

[Lupigen]

Since they're using the DMCA as a basis, this should only affect sellers based in/connected to the US. This is why DX suggests using VolumeRate (http://www.dealextreme.com/forums/Forums.dx/Forum.-202~threadid.31088), since VR is based in China.

 

[Nero]

I don't know... The R4 can be used mainly for Homebrew, and it all depends on the user's decision to play ROMs or not.

They just make up some reverse-engineering bullshit to battle with Flashcarts..

~Nero

 

[chatton859]

id say that it is bull....jsut someone faking this stuff... u are legally allowed to make backup copies of ANY software that u own.

besides Amazon.com still sales these and they are US based. I'm pretty sure that one of the U.S.'s largest online retailer would get a cease and decist letter...

 

[roadbusta]

u are legally allowed to make backup copies of ANY software that u own.

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

Does it applie to the software in the NDS cart?

 

[Cyan]

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

I think each country has is own law for this.

In france for example, we were paying a tax for the right to do personal copies. France is selling Blank CD/DVD/Tape/HDD (yeah even hdd)/Any blank media, a lot higher in price than other European countries. The tax is supposed to be paid back to artist like singers. You want to burn your holliday's pictures, you pay singer tax on it

But just recently, a minister changed the law and said this right was hereby forbidden. And know what ? they didn't removed the tax at all, and making a personal copy is good for prison

1year prison and 300 000 euro. It's cheaper to kill someone

(kill the police that come to seize you, it will be cheaper than if they caught you with a copied game)

 

[Nicky33]

Damn right

 

[spinal_cord]

u are legally allowed to make backup copies of ANY software that u own.

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

Does it applie to the software in the NDS cart?

As far as I understand it, you are allowed to make a backup yourself from your own software/hardware. So if you download your 'backup' it is illegal as you did not create that backup yourself and it is not a backup of your exact game.
If you sell/give away/lose your original game, then your backup becomes completly illegal because you do not own the original the backup was made from.

 

[shakirmoledina]

we did see someone receiving a letter of warning and the person has stopped selling them

 

[rhyguy]

u are legally allowed to make backup copies of ANY software that u own.

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

Does it applie to the software in the NDS cart?

As far as I understand it, you are allowed to make a backup yourself from your own software/hardware. So if you download your 'backup' it is illegal as you did not create that backup yourself and it is not a backup of your exact game.
If you sell/give away/lose your original game, then your backup becomes completly illegal because you do not own the original the backup was made from.

isnt the point of a backup to use if you lose your game?

 

[Lukeage]

u are legally allowed to make backup copies of ANY software that u own.

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

Does it applie to the software in the NDS cart?

Since you are Australian, here is our current copyright laws regarding software.

"Making a back-up copy of a computer program

The owner of a legitimate copy of a computer program may make a back-up copy of a program, either to use in place of the original copy, or to store as a backup for use if the original or an earlier back-up is lost, destroyed or rendered unusable.

The provisions in the Copyright Act also allow copying of software as part of a normal process of backing up files for security purposes.

The provisions do not allow copies to be made from an infringing copy of a computer program, or if the owner of copyright in the program has blocked the making of copies of the program (for example, by the use of 'locks' or other technological devices built into the program). Also, the provisions do not apply if the licence governing the use of the original has expired or been terminated.

The back-up copy may be made whether or not the copyright owner makes an express direction to the contrary at or before the time of purchase, for example on the package."

Available at: http://www.copyright.org.au/information/G050.pdf

In regards to DS software, if it contains anything to hinder copying, well that is up to how you interpret the law. Unfortunately in Australia, thanks to the bullshit free trade agreement, we have also adopted the DMCA and as the DS uses RSA to encrypt part of the code, it is most likely in violation of this although no one has been able to tell me if using the DS itself to 'break' the encyption is against the law, since the DS is designed by the manufacturer to do this.

 

[zabikt]

id say that it is bull....jsut someone faking this stuff... u are legally allowed to make backup copies of ANY software that u own.

Do you own ANY Nintendo game?
All Nintendo games (first party) released in USA have in manual page titled "Important Legal Informations".
Most important part of this information is:

 

[Lukeage]

id say that it is bull....jsut someone faking this stuff... u are legally allowed to make backup copies of ANY software that u own.Do you own ANY Nintendo game?
All Nintendo games (first party) released in USA have in manual page titled "Important Legal Informations".
Most important part of this information is:

It says that in almost all software sold in Australia too, but if you read my previous post, this is not a legal contract (and in Australia, any EULA isn't a valid contract due to it being presented after the point of sale). I'd be very surprised if under US copyright law you are not allowed to make legal backups.

 

[Raisingod]

id say that it is bull....jsut someone faking this stuff... u are legally allowed to make backup copies of ANY software that u own.Do you own ANY Nintendo game?
All Nintendo games (first party) released in USA have in manual page titled "Important Legal Informations".
Most important part of this information is:

Thats true since the DMCA prohibet bypassing digital security methods( such a thing is needed in order to make backups).

Yep US laws restric your consumer freedom just to please the big copration

 

[Hit]

Yes we where to and we had a simple solution to sell them on an Chinese hosted webshop
There powerless against webshops that has nothing to do with the USA

And the worst thing is they lie, what they say is full of bullshit
We always advertised R4 as an homebrew device
And there for ESA claimed the R4 uses Boot Code from Nintendo, there explanation was it was reverse engineered which is not possible for coding atm
But ok there supported by the government so wat can you do then listen to these lie 'rs!

There Americans that can't even type right come on thats unprofessional always with such emails double check it
With there "Copryright"

I'd say do not ignore them they really shutdown your hosts, just get an hosting not in the USA

In one word "Bully's"

 

[moggymatt]

Surely if the R4 contained Nintendo boot code they would go after the R4 makers/progammers not ONE shop?!?

 

[Hit]

Surely if the R4 contained Nintendo boot code they would go after the R4 makers/progammers not ONE shop?!?

Well they can't ESA is shutting down resellers due R4's Hosting is located in China

 

[adgloride]

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?
I think each country has is own law for this.

In france for example, we were paying a tax for the right to do personal copies. France is selling Blank CD/DVD/Tape/HDD (yeah even hdd)/Any blank media, a lot higher in price than other European countries. The tax is supposed to be paid back to artist like singers. You want to burn your holliday's pictures, you pay singer tax on it

But just recently, a minister changed the law and said this right was hereby forbidden. And know what ? they didn't removed the tax at all, and making a personal copy is good for prison

1year prison and 300 000 euro. It's cheaper to kill someone

(kill the police that come to seize you, it will be cheaper than if they caught you with a copied game)

You may as well take up burglary. They don't fine you and you can still keep everything you've stolen. You'd be very unlucky if you had to go to Jail for a year. Now that's a proper crime. These big companies have been over charging for years. How many games that you've downloaded would you have actually bought if you couldn't play copies of them?

 

[Nero]

Yes we where to and we had a simple solution to sell them on an Chinese hosted webshop
There powerless against webshops that has nothing to do with the USA

And the worst thing is they lie, what they say is full of bullshit
We always advertised R4 as an homebrew device
And there for ESA claimed the R4 uses Boot Code from Nintendo, there explanation was it was reverse engineered which is not possible for coding atm
But ok there supported by the government so wat can you do then listen to these lie 'rs!

There Americans that can't even type right come on thats unprofessional always with such emails double check it
With there "Copryright"

I'd say do not ignore them they really shutdown your hosts, just get an hosting not in the USA

In one word "Bully's"

Exactly what I said in the first page.

They're making up bullshit about the R4. (Reverse engineering and crap... It's all bull)

~Nero

 

[BoneMonkey]

u are legally allowed to make backup copies of ANY software that u own.

Is this really true? And what about all those disclaimers saying "do not make illegal nackups of this disk" etc?

Does it applie to the software in the NDS cart?

in the US thats it not true you are not allowed to make a backup of your own disc :-(