Hacking ESA Contacting to remove R4's

[zeppo]

ESA Webpage

Try that, they're a real organization.

I know. I was just showing that retard that there is more than one, and an entomological society PROBABLY doesn't have anything to do with video games.

 

[Grimalkin]

its fake

Seeing as they have the ESRB Online Privacy certification, I HIGHLY doubt that.

 

[enarky]

theesa.com was registered in 2002, according to its whois entry. A bit long for a simple fraud.

And the R4 does contain copyrighted boot code, so do all devices that can boot without hacked firmware or PassMe-like device.

 

[Hit]

We have called there office Jake does exist and they contacted our ISP
They seem to be real
But the solution is to ignore USA, get an hosting in a different country then the USA
Anything in America can cause the problem!

 

[arctic_flame]

theesa.com was registered in 2002, according to its whois entry. A bit long for a simple fraud.

And the R4 does contain copyrighted boot code, so do all devices that can boot without hacked firmware or PassMe-like device.

Oh really? In fact, the Encryption on DS cards was cracked by Martin Korth, meaning anyone can encrypt a piece of Homebrew that contains no Nintendo code whatsoever and have the DS recognize it as authentic.

 

[Sinkhead]

DealExtreme also got this message and they complied. All their R4 stuff is now stored on Hong Kong servers by a partner company

But some of their servers were based in the US, so it was the ESA's territory... If you're sure the company you're talking about is based FULLY abroad, just tell them.

- Sam

 

[Lost Racer]

theesa.com was registered in 2002, according to its whois entry. A bit long for a simple fraud.

And the R4 does contain copyrighted boot code, so do all devices that can boot without hacked firmware or PassMe-like device.


Oh really? In fact, the Encryption on DS cards was cracked by Martin Korth, meaning anyone can encrypt a piece of Homebrew that contains no Nintendo code whatsoever and have the DS recognize it as authentic.

Thats called "reverse engineering" which was also mentioned in the letter

 

[vincom2]

Aren't reverse engineering and usage of these "boot codes" protected under fair use?

 

[enarky]

theesa.com was registered in 2002, according to its whois entry. A bit long for a simple fraud.

And the R4 does contain copyrighted boot code, so do all devices that can boot without hacked firmware or PassMe-like device.Oh really? In fact, the Encryption on DS cards was cracked by Martin Korth, meaning anyone can encrypt a piece of Homebrew that contains no Nintendo code whatsoever and have the DS recognize it as authentic.

Sorry for replying so late, didn't see this post earlier. You're wrong, it's not about encryption, it's about the ROM header. Read here for more.

 

[Stonk]

You are allowed to sell these according to Dutch law.
in the Netherlands you are allowed to install mod-chips and use these cards.
There was a guy arrested in the netherlands for selling modded playstations. He added a mod-chip and a harddrive with pre-installed games. He only got to pay a fine for the installed games part, not for the modchip installation part.


The US DMCA act is not in effect in the Netherlands so you don't have to comply with that. If you have a part of your company in the US then you DO have to comply with.
So, no part of the company (like in physical address) in the US, forget about the email.

 

[arctic_flame]

theesa.com was registered in 2002, according to its whois entry. A bit long for a simple fraud.

And the R4 does contain copyrighted boot code, so do all devices that can boot without hacked firmware or PassMe-like device.Oh really? In fact, the Encryption on DS cards was cracked by Martin Korth, meaning anyone can encrypt a piece of Homebrew that contains no Nintendo code whatsoever and have the DS recognize it as authentic.

Sorry for replying so late, didn't see this post earlier. You're wrong, it's not about encryption, it's about the ROM header. Read here for more.

The Nintendo logo is legal to use under the Sega vs Accolade precedent. Look it up.

 

[enarky]

Wow, that was actually a pleasant read. For the first time in ages (ever?) I thought that the writer really has a deeper understanding of the underlying technology, quite rare for a legal text.

But correct me when I'm wrong, I think the court only ruled this not working for copyright infringement through reverse engineering by competitors. It seems to even acknowledge its purpose against piracy:

[...]

With respect to Accolade, we emphasize that the record clearly establishes that it had only one objective in this matter: to make its video game programs compatible with the Genesis III console. That objective was a legitimate and a lawful one. There is no evidence whatsoever that Accolade wished Sega’s trademark to be displayed when Accolade’s games were played on Sega’s consoles. To the contrary, Accolade included disclaimers on its packaging materials which stated that “Accolade, Inc. is not associated with Sega Enterprises, Ltd.” When questioned regarding the Sega Message and its potential effect on consumers, Alan Miller testified that Accolade does not welcome the association between its product and Sega and would gladly avoid that association if there were a way to do so. Miller testified that Accolade’s engineers had not been able to discover any way to modify their game cartridges so that the games would operate on the Genesis III without prompting the screen display of the Sega Message.

In contrast, Sega officials testified that Sega incorporated the TMSS [=trademark security system] into the Genesis console, known in Asia as the Mega-Drive, in order to lay the groundwork for the trademark prosecution of software pirates who sell counterfeit cartridges in Taiwan and South Korea,as well as in the United States.Sega then marketed the redesigned console worldwide. Sega intended that when Sega game programs manufactured by a counterfeiter were played on its consoles, the Sega Message would be displayed, thereby establishing the legal basis for a claim of trademark infringement. However, as Sega certainly knew, the TMSS also had the potential to affect legitimate competitors adversely. First, Sega should have foreseen that a competitor might discover how to utilize the TMSS, and that when it did and included the initialization code in its cartridges, its video game programs would also end up being falsely labeled. Sega should also have known that the TMSS might discourage some competitors from manufacturing independently developed games for use with the Genesis III console, because they would not want to become the victims of such a labeling practice. Thus, in addition to laying the groundwork for lawsuits against pirates, Sega knowingly risked two significant consequences: the false labeling of some competitors’ products and the discouraging of other competitors from manufacturing Genesis-compatible games. Under the Lanham Act, the former conduct, at least, is clearly unlawful.

[...]

In contrast, Sega officials testified that Sega incorporated the TMSS into the Genesis console, known in Asia as the Mega-Drive, in order to lay the groundwork for the trademark prosecution of software pirates who sell counterfeit cartridges in Taiwan and South Korea,as well as in the United States.Sega then marketed the redesigned console worldwide. Sega intended that when Sega game programs manufactured by a counterfeiter were played on its consoles, the Sega Message would be displayed, thereby establishing the legal basis for a claim of trademark infringement. However, as Sega certainly knew, the TMSS also had the potential to affect legitimate competitors adversely. First, Sega should have foreseen that a competitor might discover how to utilize the TMSS, and that when it did and included the initialization code in its cartridges, its video game programs would also end up being falsely labeled. Sega should also have known that the TMSS might discourage some competitors from manufacturing independently developed games for use with the Genesis III console, because they would not want to become the victims of such a labeling practice. Thus, in addition to laying the groundwork for lawsuits against pirates, Sega knowingly risked two significant consequences: the false labeling of some competitors’ products and the discouraging of other competitors from manufacturing Genesis-compatible games. Under the Lanham Act, the former conduct, at least, is clearly unlawful.

[...]

Sega makes much of the fact that it did not adopt the TMSS in order to wage war on Accolade in particular, but rather as a defensive measure against software counterfeiters. It is regrettable that Sega is troubled by software pirates who manufacture counterfeit products in other areas of the world where adequate copyright remedies are not available. However, under the Lanham Act, which governs the use of trademarks and other designations of origin in this country, it is the effect of the message display that matters. Whatever Sega’s intent with respect to the TMSS, the device serves to limit competition in the market for Genesis-compatible games and to mislabel the products of competitors. Moreover, by seeking injunctive relief based on the mislabeling it has itself induced, Sega seeks once again to take advantage of its trademark to exclude its competitors from the market. The use of a mark for such purpose is inconsistent with the Lanham Act.

Whatever this "Lanham Act" is, it seems to be about competition mainly. To me it looks like Nintendo might still have a case against pirates.

And don't forget that this is coming from an age before the DMCA

 

[arctic_flame]

I suppose you're right. Although the R4 doesn't contain "Illegal Nintendo boot codes," it is very much a piracy (as opposed to homebrew) device.

 

[ackers]

I suppose you're right. Although the R4 doesn't contain "Illegal Nintendo boot codes," it is very much a piracy (as opposed to homebrew) device.

I thought R4 did contain illegal nintendo boot codes. How else does it fool the DS into booting what it thinks is an original game?,

 

[vincom2]

I suppose you're right. Although the R4 doesn't contain "Illegal Nintendo boot codes," it is very much a piracy (as opposed to homebrew) device.

I thought R4 did contain illegal nintendo boot codes. How else does it fool the DS into booting what it thinks is an original game?,

IANAL, but I believe the "illegal" part is debatable.

And umm, in that case, just about every slot 1 card in existence would be right?

 

[pika3000]

DealExtreme also got this message and they complied. All their R4 stuff is now stored on Hong Kong servers by a partner company

But some of their servers were based in the US, so it was the ESA's territory... If you're sure the company you're talking about is based FULLY abroad, just tell them.

- Sam

Volumerate doesn't sell them anymore either according to this thread

http://www.redflagdeals.com/forums/showthr...274#post5944274

 

[NonStopInTheMix]

DealExtreme also got this message and they complied. All their R4 stuff is now stored on Hong Kong servers by a partner company

But some of their servers were based in the US, so it was the ESA's territory... If you're sure the company you're talking about is based FULLY abroad, just tell them.

- Sam


Volumerate doesn't sell them anymore either according to this thread

http://www.redflagdeals.com/forums/showthr...274#post5944274

i believe that volumerate has just experienced a huge demand in R4's because of the ESA shutting other places down.. and because they have the lowest price XD this is probably a backlog due to the rush of buyers on their site. Volumerate will continue selling for a while unless ESA and swat teams take down the factory in a raid XD

 

[Hit]

DealExtreme also got this message and they complied. All their R4 stuff is now stored on Hong Kong servers by a partner company

But some of their servers were based in the US, so it was the ESA's territory... If you're sure the company you're talking about is based FULLY abroad, just tell them.

- Sam


Volumerate doesn't sell them anymore either according to this thread

http://www.redflagdeals.com/forums/showthr...274#post5944274

i believe that volumerate has just experienced a huge demand in R4's because of the ESA shutting other places down.. and because they have the lowest price XD this is probably a backlog due to the rush of buyers on their site. Volumerate will continue selling for a while unless ESA and swat teams take down the factory in a raid XD

I think VolumeRate only sell the ones DX had, for an incredible price tough
But ESA can't shutdown volumerate nor R4DS
As they have nothing in USA

 

[jtroye32]

if that' the case why don't they shut down pc manufacturers/retailers? the computer is the biggest piracy device i can think of.

 

[GundamXXX]

This stuff is getting scarier and scarier.. last week a woman got arrested for downloading a few songs..i download atleast 20gb a fortnight *gulps and looks at the door expecting SWAT to barge in* Im scared T_T