nintendo europe doesn't have the right to block flash cards
just say the same thing as with the sue of r4
this is from 2009 but has the same goal:
Neil Boyd heads new attack on sale of R4 cards
Nintendo HAS hired Warner Bros’ anti-piracy boss
to crush UK retailers that continue to sell DS
piracy equipment.
Neil Boyd, who leaves his role as Warner’s director of anti-piracy in Europe, this week warned stores that if they continue to stock R4 cartridges they face permanently damaging their relationship with Nintendo –
as the platform holder steps up its fight against
‘piracy enablers’ in the region.
Digital expert Boyd also called on ISPs to put more pressure on consumers they know are illegally downloading games.
MCV can reveal that Boyd joins Nintendo UK in the role of European anti-piracy counsel, as the firm bolsters the department with a string of signings. These include former Universal exec Jonathan Tully, who is hired as a legal advisor and Mattius Damm, who takes the same role in Germany.
Boyd will work under Jodi Daugherty – Nintendo’s senior global director for anti-piracy.
The four key areas in our fight are legal enforcement, consumer awareness, technology and lobbying,” said Boyd. “Without all those coming together, we won’t solve piracy.”
He warned online and High Street stores who are still selling the R4 device that Nintendo had “more eyes and ears” than ever on the street – and would be swift to issue cease and desist notices.
Daugherty added: “[Stocking these games] damages your sales, and it’s going to damage your relationship with us.
“We have no problem pursuing customers that continue to take steps to hurt the company.”
Boyd – who also previously worked as a digital piracy advisor in the music business – added that he wants ISPs to take more action against consumers of BitTorrent sites.
“The ISPs are in an ideal position to deal with any infringements,” he said. “They already intervene in preventing paedophile sites and exchanges of Spyware and Trojans, so we know the technical means are there.
“Their willingness to discuss it is a problem. They can do a lot more – and everyone knows they can do a lot more.”
Nintendo has taken legal action against 79 R4 cartridge manufacturers in China this year
but the have lost
source: nbrew.nl (or ndss.nl)
another thing that nintendo has done: (from 2008)
A number of file-sharing websites, where Nintendo DS ROMS have been freely made available to download, appear to have been suspended or potentially closed down over the past week, sparking rumours that Nintendo has finally got round to cracking down on illegal
downloads of software for the handheld.
In recent months, Nintendo has ramped up activity on sniffing out those companies who have been selling the likes of the notorious R4 chip, which allows users to download software from file-sharing site for free to play on their hand-helds. Though there are no official statistics, it's believed that millions of DS owners have bought an R4 chip and are currently playing games illegally. Indeed, at Christmas it became the fifth biggest-selling electronics item on Amazon's UK web store.
In the past week, two of the most popular file-sharing sites now lead to blank pages and rumours are spreading through forums of other file-sharing sites that it could be the work of the Nintendo lawyers.
Nintendo has a massive battle on its hands if it hopes to get rid of the R4 and similar chips, which aren't actually considered to be illegal devices.
"It's the purposes that people use it for that's often illegal," says Rob Saunders, a spokesman for Nintendo UK. "When you fill a memory card with hundreds of downloaded games - that's theft."
The two websites that are now offline are just a small drop in the ocean of file-sharing sites out there. It's going to take some time before Nintendo sees the end of illegal DS software
downloads.
this is also the same thing: (from 2008)
Seven Dutch merchants have started proceedings against a Japanese company called Nintendo flashcards and modchips to continue selling. Nintendo has asked stores to stop selling.
Flashcards and modchips enable consumers to their Nintendo consoles can be converted into multimedia players, which can be viewed as movies and music can be heard, like Sony's Playstation. In the Netherlands, were sold by these chips include the console, auxiliary services, Chip Service, Giga Inexpensive GSM doctor, Hamtronics, Import and SNIP Webshops Shop Northern Netherlands.
Nintendo wants to see the Nintendo games are played with. These games are regionally coded so that in America or Japan then purchased games can not be played. To that end, Nintendo has a technical artifice for its game consoles.
The modchips and flash cards allow consumers the technical trick, however, Nintendo undo. The game computers can also be used to homemade homebrew games "to play, watch movies, listen to music and store photos. The game may even be a PDA with a calendar, calculator and alarm clock. Furthermore, original games from another region and can be played by the legislature authorized spare copies.
Nintendo, along with 54 other companies, five Japanese shops happened yesterday charged with the same 'crime'. This involves the use of R4 flash card. This hardware allows pirated games on a Nintendo DS to play. Nintendo relies on the Japanese Unfair Competition Prevention Act.
"The Dutch case is separate from the Japanese," says Cyril van der Net SOLV Lawyers, which represents reputable merchants. "The merchants are not all at once approached by Nintendo, but have joined forces for a substantive proceedings. They believe that innovation is frustrated."
Van der Net is offering flashcards and modchips simply allowed. Consumers thus possibly illegally produced copies of original Nintendo games to play, as Nintendo says, makes no difference. The law prohibits only those funds solely to facilitate copyright infringement. There is none here, says Van der Net.
"We are fortunate that a recent British court of appeal ruled that modchips are legal," says Van der Net. "Nintendo relies, like the British court, the European legislation." The merchants are also selling well stopped pending the outcome.
Nintendo needs to August 13 for the first time appear in court Utrecht. The company does not respond in, but "we lawsuit with confidence."