Hacking Does M3i Zero Infringe copyright?

[pcmanrules]

Hi there,

Just wondering about peoples views on this, I sell M3i Zero's online locally in New Zealand and got a letter from the site locally claiming that it "infringes on various rights held by them. This includes containing copyright code and the use of the Nintendo trade mark(s) without permission. "

Is this true?

 

[fearofshorts]

In Australia (not sure about NZ though) it is illegal to bypass copyright protection or to (and this part may have changed) use devices that will be used for copyright infringement.
But these laws do not (as far as I know) extend to the sale of these items and they are generally not enforced. If they were anyone carrying an MP3 player would be fined.
Not at all sure about the Nintendo thing though... Probably something that needs to be taken up with the M3i Zero team.
I think that the best solution would be for you to ask them to point out the specific law the sale (and it must be violated by the sale) of the product violates.
(THIS IS ALL FOR AUSTRALIA, MAYBE THEY ARE CONFUSED)

Source: http://www.fastcursor.com/music/copyright-ipod-australia.asp
and my knowledge.

 

[BoxShot]

In Australia (not sure about NZ though) it is illegal to bypass copyright protection or to (and this part may have changed) use devices that will be used for copyright infringement.
But these laws do not (as far as I know) extend to the sale of these items and they are generally not enforced. If they were anyone carrying an MP3 player would be fined.
Not at all sure about the Nintendo thing though... Probably something that needs to be taken up with the M3i Zero team.
I think that the best solution would be for you to ask them to point out the specific law the sale (and it must be violated by the sale) of the product violates.
(THIS IS ALL FOR AUSTRALIA, MAYBE THEY ARE CONFUSED)

Source: http://www.fastcursor.com/music/copyright-ipod-australia.asp
and my knowledge.

WTF

Doesn't affect me but that is wtf worthy. (talking about the link)

I'm supposing Ninty still calls it infringement for lets see playing roms in the end.

 

[kobykaan]

If your advertising they NOW WORK WITH/COMPATIBLE 1.4 DSi then this is maby the issue when flashed to the latest F_CORE then it DOES contain illegal code as its using GAME code headers to fool the DSi

Do you also link to the M3 website or to a site where the loaders are available or even have a local link for them on the site?! This too could be a problem!

 

[FAST6191]

Not wishing to infer anything but for your shop I am guessing your margins are fairly tight (near enough every low level internet business I have ever dealt with is); not enough to afford a decent lawyer anyhow (at least not until your back is against the wall, I am not sure how much your stock is worth if you were forced to "destroy" it) and I am guessing Nintendo knows this (guessing is perhaps the wrong word: such knowledge makes for standard legal practice in these cases).
First thought confirm it was them that sent it; IP logs are a good start (you have the vigilante* and possibly competition, know however that legal matters can and are outsourced especially for small territories like NZ).
I would be hesitant to do an open query at this stage for if it was not real then you are probably now on their radar in a bigger way.

Similarly I have not got a clue about New Zealand law structures so while I could probably argue for such things in the US and Eu/UK I would not know where to start there (I know enough to know in IP law circles it is know case law or do not even bother trying).

*how many false DMCA claims stories have you read where videos and sites were removed without question/resistance for a letter/claim that turned out to be false and/or possess illegal claims under such things).

 

[stab244]

Technically they aren't illegal since they are shipped blank. M3 team doesn't even host the F_CORE.dat file on their site. But the way that people use it is illegal. Just like that blank CD analogy, you can either choose to fill it with your own material/data (homebrew) or you can put copyrighted material on it (ROMs).

 

[gameguy95]

if i hadn't read the op, i would have said he was nintendo staff trying to scare us

 

[Schizoanalysis]

They're not illegal... but if you're gonna get kicked off an online auction site for selling them, you can't argue with that...

 

[pcmanrules]

I've asked what exactly is being infringed and am waiting for their reply, but i don't have high hopes for a reply. Will be setting up a website in the next few days though if anyone in New Zealand or Australia is interested interested.

 

[Schizoanalysis]

I've asked what exactly is being infringed and am waiting for their reply, but i don't have high hopes for a reply. Will be setting up a website in the next few days though if anyone in New Zealand or Australia is interested interested.

Interested how? Buying or selling?

I have a heap of DSTTs I am trying to get rid of... It's a jungle out there... :/

 

[pcmanrules]

Yeah, I'm going to try to sell them online locally (hopefully).