ELSPA considers legal action against rogue retailers selling R4 cards;

Discussion in 'User Submitted News' started by gamedreamer, Jul 23, 2008.

  1. gamedreamer

    gamedreamer Newbie

    Jul 23, 2008
    United States
    Sales of DS titles are suffering due to the rise in popularity and availability of R4 ‘piracy’ Cards, MCV can reveal.

    The R4, along with similar devices such as the M3, N5 and TT, allow users to download games illegally and play them on a DS. And the cards can be bought from a host of retailers, including the likes of Amazon, eBay traders and independent retailers.

    But ELSPA’s IP Crime Unit manager John Hillier has warned the trade that unless the sale of these items halts, the trade body will be forced to act.

    “There are various SD cards for the DS that illegally circumvent the copyright protection in place and allows copied games to be played,” he explained to MCV.

    “The supply of these items is an infringement and an offence under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. ELSPA’s IP Crime Unit works closely with the enforcement agencies to stop this supply and prevent instances of intellectual property theft.”

    A spokesperson for Nintendo added: “We are monitoring the situation with R4 cards and working closely with our legal teams to identify any infringements on our IP and will take action where and when appropriate.”

    According to MCV sources, casual games remain largely unaffected by these cards; it is titles that appeal to traditional, hardcore gamers – those consumers who are also more tech-savvy – that are suffering a decline in sales. Doug Bone, UK sales director at Square-Enix, whose Final Fantasy titles are said to be amongst those affected,

    “The growing availability of these R4 products is certainly alarming. The undeniable fact is that they are predominantly bought for software piracy and steps should be taken to restrict the distribution channels available.

    “In the short-term it is the responsibility of the trade to ensure these products don’t hit the shelves. For every game pirated and so not bought, we suffer as an industry.”

    Online retailer Simply Games stocks the R4 card, with MD Neil Muspratt explaining:

    “Simply Games has only recently started selling them and it was as a direct result of larger retailers getting involved, mainly Amazon,” he explained. “They have been reasonably popular but we’re considering removing them in the near future.”
  2. Defiance

    Defiance oh my god.. it's full of trading cards...

    Oct 7, 2007
    United States
    So how's this new?
  3. KaliKot

    KaliKot Newbie

    Suffering? Yeah right

    9/10 games in most Top 10 game charts are DS/Wii titles

    and yeah... how is this informative?
  4. superdude

    superdude GBAtemp Regular

    Jul 9, 2008
  5. Sinkhead

    Sinkhead yay p1ngpong.

    Former Staff
    Nov 22, 2006
    Across the pond
    R4 != flashcart. Bah. [​IMG]

    And luckily, this isn't really new. But it is a shame to see more mainstream articles on this type of thing...
  6. Lumstar

    Lumstar Princess

    Mar 6, 2006
    United States
    I guess I need to grab a slot 1 card while they're still easy to find. [​IMG]
  7. Ruri

    Ruri GBAtemp Advanced Fan

    Jul 20, 2007
    United States
    Yeah, but look... isn't anyone else worried about this part? I mean, basically the games we most like to play (the ones we WOULD be a market for otherwise) are going to be the ones that are going to see a decline in sales... and, as a result, they're going to make fewer and fewer games we like.

    It's a pity.
  8. Law

    Law rip ninjacat that zarcon made me

    Aug 14, 2007
    Maybe people just don't want to buy remakes if they've purchased a previous version of the game? I pirated FFTA2, within a week I bought a copy. If I hadn't pirated it, I probably wouldn't have bought it because I didn't want to waste money on a bad game. But if people don't have money to start with, they won't be able to buy the game. At least with a flashcart they would be able to play it.

    If anything, I would take it as a sign. "Gee, Hardcore gamers aren't buying our games, I wonder why?" "Hey, maybe we should start making better games?".
  9. cory1492

    cory1492 GBAtemp Maniac

    Jun 23, 2005
    Home, WhereElse?
    I wonder if they realize, all they are doing is creating awareness - and that runs in both directions. By the time they have done something, many who didn't even consider the existence of such a device or "scene", either, will now be looking for a way in... [​IMG]
  10. Fat D

    Fat D GBAtemp Maniac

    Nov 18, 2006
    those news are actually the reason why the R4 is still selling well - they introduce people with no knowledge of the scene to ways to "get free games", which not only keeps sales of inferior devices high, but also shifts the equilibrium of both the "pirate game user / legit homebrew user" and "dedicated pirate / homebrew user" ratios to the pirate side.
  11. Rayder

    Rayder Mostly lurking lately....

    Former Staff
    Jan 14, 2007
    United States
    It's probably why we haven't seen any updates in a while. The R4 Team is laying low. ELSPA be lookin' fo da R4 Team. [​IMG]
  12. Carnivean

    Carnivean STARMAN

    Jul 11, 2006
    O U
  13. Doomsday Forte

    Doomsday Forte GBAtemp Maniac

    Apr 22, 2007
    United States
    Not that it needs to be said, but that's irony if I've ever seen it. =P

    I don't think it was this way that I first heard about the original M3 system (slot-2), but catching wind of it from GameFAQs helped quite a bit though. And it makes sense; it's just like the news programs that report on so-and-so crime/event, and then they go and show you how to do said thing! Durr.

    Gotta love the news media for its common sense not tingling.
  14. millenium6000

    millenium6000 Member

    May 27, 2008
    WTF?! the life of nds gaming is like heaven because of r4...........THEN ENDS UP IN HELL??!!!.............CURSES!!!
  15. Music_Lord

    Music_Lord Member

    Oct 15, 2007
    United States
    Hickville, USA
    If they shutdown the R4, DS sales will decline. The R4 is one of the reasons the DS is selling so well.
  16. st0nedpenguin

    st0nedpenguin Member

    May 16, 2007
    United States
    Since when is selling/owning a device that could be used for illegal purposes against the law?

    If it is, when exactly is every person who owns a set of cutlery, a video recorder and a car going to be arrested?
  17. pokemongalaxy

    pokemongalaxy Banned

    Mar 10, 2008
    true, meaning nintendo still makes profits, but game develepors wont [​IMG] And its cheaper to put a game on a cartridge than to make a system...well think about it: for wii, the system has to cost a lot to make...but the games are just special DVDs which probobly only cost less than $5 to make, but its really $50 becasue theres a game burned in it...
    Oh well, long live the pir8s [​IMG] Im so glad I have an m3ds simply and ak2( I got the ak for FREE)
  18. lincruste

    lincruste GBAtemp Regular

    Jan 13, 2008
    Good morning everyone.
    I have a question I couldn't find an answer about this point:

    Here in Europe, many shops had to stop selling Slot-1 linkers including a NoPass functionnality (M3DS Real, DSTT...) a few month ago.
    According to a vendor I asked which illegal component of the devices Nintendo was aiming at, he answered something like "Slot-1 linkers uses Nintendo source code". What the...??? [​IMG]

    Does anyone here know the truth about the legitimity of the Slot-1 protection protocol hacking? I remember reverse-engineering is allowed (even in USA) when its done for interoperability reasons. I'm not posting this to open a Nth topic about linker's owners final use, only the technical point that allowed Nintendo to launch its lawyers upon this business.

    Is it about RSA protection? Or has just Nintendo beeing bluffing?
    Thanks to anyone with technical knowledge about this, I just can't find a serious opinion about this matter.

    Please excuse my bad english!
  19. Maikel Steneker

    Maikel Steneker M3 Fanboy

    May 16, 2007
    As far as I know, in Holland they tried to get them banned because they trademarked the size of the Slot-1 cards. [​IMG] They had some other reasons, but the point was that they just tried to get them banned, and they wouldn't use the fact that Slot-1 cards can be used for copyright infringement.
  20. lincruste

    lincruste GBAtemp Regular

    Jan 13, 2008
    I did not thought about this. The flashcart's design...