Nintendo loses DS flash cartridge case

Discussion in 'NDS - Flashcarts and Accessories' started by seejay01462, Dec 5, 2009.

  1. seejay01462
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    seejay01462 Member

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    "A Paris court has ruled against Nintendo in a case involving the production of DS flash cartridges by hardware firm Divineo.

    According to Maxconsole, the judge ruled that the gaming giant illegally "locks out" third-party developers from creating hardware and software for its systems. It was recommended that Nintendo should be "more like Windows", allowing external studios to create any applications they wish for consumer distribution.

    "[This] could have bigger implications for developers and the like because Nintendo is deemed to be 'illegally' protecting their system by locking users out," the site said.

    "Developers should not actually require separate development kits and should just be able to develop applications as they wish on retail versions of Nintendo's consoles."

    Flash cartridges such as the R4 are widely used by software pirates to distribute illegal software. However, the devices can also be used for legal purposes, such as homebrew development and music and video playback.

    Full court documents from the Nintendo case will be made available soon."

    Link http://www.digitalspy.co.uk/gaming/news/a1...ridge-case.html
     
  2. Jakob95

    Jakob95 I am the Avatar

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    We have like 4 threads about this.
     
  3. Raika

    Raika uguu

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    Lol another another another one. [​IMG]
     
  4. Jamstruth

    Jamstruth Secondary Feline Anthropomorph

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    This is EXTREMELY interesting. Not just for the DS/DSi scene but the whole homebrew scene. If we apply the correct pressure we'll be able to get into DSi mode without hacking, Ninty will have to stop releasing blocking updates for the Wii Homebrew channel and Microsoft and Sony will be forced to open up their consoles to homebrewers (although you could argue that MS already have with their community games)
     
  5. seejay01462
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    seejay01462 Member

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    oops! [​IMG] sorry Raika & jakob95. I took a quick look first and couldn't see anything posted (obviously didn't look hard enough!)
    Sorry guys!
     
  6. worlok375

    worlok375 GBAtemp's prince

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    Now this is just sad. Courts are saying it's ok to just pirate games as long as you can do something that isn't illegal with the flashcart? Fail. These people obviously want to push nintendo out of business, after all that's what they're doing by promoting flashcarts.
     
  7. Jamstruth

    Jamstruth Secondary Feline Anthropomorph

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    Worlok, if you dislike them so much why do you post on a site which is based entirely around the idea of hacking and flashcarts?

    Courts are saying that Ninty shouldn't be trying to put the manufacturers out of business due to the fact that Ninty shouldn't have stopped people making games for the DS in the first place. The company will have argued that piracy is a side-effect of allowing the cart to load DS files. I wouldn't argue if Ninty relaunched the lawsuit to try and get the manufacturer to block commercial ROM loading from the cart.
     
  8. Diosoth

    Diosoth GBAtemp Fan

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    According to a French court, anyway. That might matter as far as France goes but I don't see this being a worldwide decision. Nintendo already used all the judges in their pockets to outlaw the things in Japan because the MIGHT be used for piracy. And if that ACTA bill passes they'll be illegal in the US as well(the DMCA already restricts user rights and gives corporations more power than they should have).

    In other words, it's a small decision for a small part of the world and company policy won't be changing.
     
  9. KirovAir

    KirovAir Dutch Alcoholic Programmer

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    I totally agree with you.
     
  10. DeMoN

    DeMoN GBAtemp Guru

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    No, if anything, Nintendo makes more money because of all the people who otherwise wouldn't have bought a DS or Wii unless their games could be pirated easily. Hardware sales > Software sales.
    I think it's the third-party game developers that are pressuring Nintendo to sue flash cart makers and such.
     
  11. Jamstruth

    Jamstruth Secondary Feline Anthropomorph

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    But they could be forced to change now the precedent has been set. This has just opened the way for more users to express their rights to use homebrew.
     
  12. Diosoth

    Diosoth GBAtemp Fan

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    We really don't have such rights in the USA thanks to the DMCA as-is. Hell, we technically don't even buy games, just a "usage license". Game companies are already throwing tantrums about people buying used second-hand copies of games instead of new copies. This is why they're pushing for digital distribution- less money spent on making the game(no production/transport of physical copies, just bandwidth) and no ability for the user to sell off their old copies. I actually think the TOS of the digital outfits states they can actually revoke your license to play downloaded games, any time, any reason, without reimbursement.

    In other words, I don't see this having any outstanding worldwide impact on modchips or flash carts. A few smaller countries will change but in the USA and Japan, this won't fly.
     
  13. Diosoth

    Diosoth GBAtemp Fan

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    Huh? Did I accidently page over to Cheap Ass Gamer for a second?

    That's NOT what the courts said and that's also incredibly stupid.

    Knives can technically be used to murder people, yet it's possible to buy them everywhere because they have all kinds of uses. Even cheap dollar stores. By your logic, knives should be banned due to their use as murder weapons even though they have other uses.
     
  14. Jacinto009

    Jacinto009 GBAtemp Regular

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    What if nintendo were to buy these companies and remake the cards for homebrew purposes only?
     
  15. Jamstruth

    Jamstruth Secondary Feline Anthropomorph

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    Shit on a stick you guys have it harsh. Digital Distribution is, so far, pants. You expect cheap prices but the companies still charge full whack and there's not chance of it being reduced later or on sale because its being run by the companies making the games (PSPGo comes to mind), only Steam's got it right so far as they are an almost independant company and sell the games at decent, cut prices which do change a lot and are often discounted.

    Pre-owned Games are at your own leisure, when you buy a game it belongs to you (in my opinion, not sure of the laws in the UK) and you can, therefore, do whatever you want with it even sell it on. Pre-owned is great for high-street games stores as they do not pay VAT on them because that has been paid, in other words its pure profit but none for the games companies obviously. Of course since you guys have a "USage License" that means YOU are the only person allowed to play that game. Your brother? Nah, he can't play it legally without paying for a license. You bought therefore only you are allowed to use it it basically makes pre-owned games illegal as you can't transfer that license. I may be exaggerating but thats basically what it sounds like to me. Someone get onto congress about that bullshit please

    Sounds like games companies are getting greedy. I don't mind them getting all hissy about priacy and how its costing their Zillion dollar industry hundreds of million each year but as soon as you start taking on what we can do with the games we buy legally I will call for war. We will fight in the courtrooms, we will fight in the foyer and we will fight in the boardrooms. And we will never surrender!

    Sorry I got carried away, basically your DMCA laws are BULLSHIT! Games companies are greedy and want to kill the high-street, 3rd party retailer.
     
  16. flytai45

    flytai45 Member

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    this is a pretty intresting topic but because i've just started researching the hacking/homebrew scene...(not really new to it, ive been doing it for years) i don't really have an opinion on the matter.
     
  17. Frederica Bernkastel

    Frederica Bernkastel WebPerf and PWA advocate; @antoligy on Twitter

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    Even if they won it wouldn't stop the clueless bitches who don't get the basic workings of the scene, and that the only thing that is still updated for R4, is the gbatemp cheat database.

    ...no, I don't care about them.
     
  18. Lord Ned

    Lord Ned Member

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    Well I think it's interesting. I think that the Homebrew scene does need some support because Nintendo is basically forcing everyone out of the scene (By outlawing flashcarts). I dunno if you could consider it a Monpoly without the Flashcarts... Only Nintendo approved things can go out on the DS = Nintendo's controlling the entire market for DS's. I don't know if monpolys apply to your own product however.


    Look at PC though: Yes piracy happens (and doesn't need any hardware) but does that stop developers from making games, or small indie studios from making games? No.
     
  19. Jamstruth

    Jamstruth Secondary Feline Anthropomorph

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    Huhn? What do you mean?