DSTT being sold in the US...

Discussion in 'DSTT' started by Kurisuellegarden, May 20, 2009.

May 20, 2009
  1. Would it be legal for a store front like a normal store to sell DS flashcarts and do console modding? o-o

    Just out of curiosity. It's been bugging me for a while! [​IMG]
     
  2. wchill

    Member wchill Resident chillxpert

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    Don't. I might not know copyright law but it's pretty risky.
     
  3. I'm thinking it's borderline... o-o I don't think the business would be responsible for SELLING the flashcarts, I would think it would be the makers, right? Hopefully there's a lawyer on here. xD
     
  4. wchill

    Member wchill Resident chillxpert

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    No, the business would be responsible as well. It may be borderline, but it's way too close to "illegal" IMHO.
     
  5. playallday

    Member playallday Group: GBAtemp Ghost

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    GBAtemp isn't the best for legal info...
     
  6. I really just posted it on here cause I was curious.
     
  7. Bri

    Member Bri GBAtemp Psycho!

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    There are legitimate uses of flash carts, so it's possible that they aren't illegal. At one time, it was determined that equipment for making copies of software was not illegal because people are allowed to make their own backups in case the original media is destroyed. It might be the same with flash carts. Also, putting all of your games onto a flash cart is more convenient than carrying around hundreds of cartridges, so even if you own the cartridges a flash cart would still be useful.

    -Bri
     
  8. xDlmaoxD

    Member xDlmaoxD GBAtemp Fan

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    It's illegal to softmod or hardmod a console.
    Now that we have that taken care of, its also illegal for any store to sell it in the United States.
    That's why we don't see that many or the local game shops selling them.
    Now near me its a place called "China Town" and well they sell illegal DVD's, Anime, Games, etc.
    They do have flash carts but they cost 60 USD, some even reach 100 and more.
    Don't expect your local game store to have any, anytime soon.
     
  9. It's not illegal to softmod or hardmod your console. Especially hardmod. you're allowed to change and modify your hardware, as it only voids warranty I think. I'll ask a lawyer or a copyright..er o-o
     
  10. xDlmaoxD

    Member xDlmaoxD GBAtemp Fan

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    It's illegal its even in the users agreement.
    No one follows it so no one cares.
     
  11. Acenima

    Member Acenima GBAtemp Advanced Fan

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    sense no one reads the user agreement they should say something about them owning ur soul.
     
  12. Uruha

    Member Uruha GBAtemp Regular

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    thats like selling weed
    ur not making it but u sure in hell are selling it! so ur involved.
     
  13. Foxle

    Member Foxle GBAtemp Regular

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    Much like The Pirate Bay recently getting it's ass sued off, legal laws can be nicely bent for rights holders if it's obvious that a product or service is designed for mainly subverting copyright law. No respectable retailer will get near something like a DS Flash Cart, and smaller independent video game stores don't have the legal team to stand up to Nintendo is they make an issue about it, so they also do not risk it.

    http://www.joystiq.com/2009/05/22/nintendo...-ds-flashcarts/
     
  14. tbgtbg

    Member tbgtbg Shaking the ring ropes up in the sky

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    As long as you don't include any firmware with it, there's not really anything illegal about selling a flash cart. The reason retailers won't carry them is that the retailers that would most likely carry them are retailers that sell video games. Well, if you sell a DSTT, Nintendo's going to get pissed and suddenly you're only selling DSTT, not any actual DS games, because Nintendo won't do business with you anymore. Also, fear of lawsuits, even if not legally in the wrong, has a chilling effect, so even if it's not illegal, it's not worth it to poke the bear and risk a long, expensive court battle, because even if you win, you'd be out so much money as to not make it worthwhile.

    User agreements are not laws. They can put anything they want in them, but it has no bearing on whether something is actually legal or not.
     
  15. mikezila

    Newcomer mikezila Member

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    It depends on what you have to do to "mod" the console. In the USA, the main thing stopping console "modding" from being legal is the DMCA, which, in a nutshell, says that you can't modify the operation of a device for the purpose of circumventing copyright protection, with the exception of for the purpose of unlocking mobile phones.

    A mod like, say, softmodding a Wii to play bootleg games? DMCA violation.

    Installing a modchip in pretty much anything? DMCA violation.

    A mod like, say, removing the cart blocker on an N64, letting Japanese games play in a US system? Doesn't allow the playing of bootleg games or the copying thereof, so no DMCA violation.

    Chances are, if it's a mod worth doing, then it's illegal.
     

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