Plaintiff Nintendo of America Inc. ("NOA") moved for a preliminary
injunction pursuant to Federal Rule of Civil Procedure 65 and 17 U.S.C. §§ 1203
and 502, to enjoin Defendants from importing, marketing, or trafficking in products
or devices that are primarily designed, and have only limited commercially
significant purpose other than, to circumvent the technological security measures i
Nintendo's DS video game systems (which include the Nintendo DS, Nintendo DS
Lite, and Nintendo DSi) (collectively, the "Nintendo DS"). The accused devices
are also marketed for use in circumventing the technological security measures of
the Nintendo DS, and include products that are marketed and sold under the brand
names AceKard, AceKard 2 for DSi, DSTT, DSTTi, DS Xtreme, Edge DS, EZ
Flash, EZ Flash Vi, iTouch DS, M3 DS Real, N5 Revolution, ND1 Revolution, R4
DS Revolution, R4DS SDHC, R4i SDHC, and SuperCard DS One. The accused
devices are collectively referred to herein as "Game Copiers."
[...]
The Nintendo DS security system is a technological measure that
effectively controls access to a copyrighted work under sections 1201(a) and
1201(b) of the DMCA, 17 U.S.C. 1201 et seq. The Nintendo DS security system is
a process that includes repeated transfers of information to gain access to the IPL
and Boot Code programs, and to gain access to any copyrighted Nintendo DS Gam
for play on the Nintendo DS. The technological measures in the Nintendo DS
control access to NOA's copyrighted works.
And the
DMCA (PDF)...QUOTE
. It's so amusing!
