Nintendo of Japan wins Supreme Court case against flashcart sellers {afaik not posted yet}

Discussion in '3DS - Flashcards & Custom Firmwares' started by Favna, Jan 21, 2016.

  1. Favna
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    Favna #PCMasterRace

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    Found this on facebook which sourced back to Reddit - apparently various flashcart selling companies have been sued in court. Copy pasta from the reddit post (Source: Click Here)

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    Nintendo and 49 other game companies first filed suit against flashcart importers in Japan back in 2009, and the case has been appealed several times since then. (See more details herefor the last court decision.)

    According to a Nintendo press release (Translated with google Translate version), on January 12, the Supreme Court denied further appeals on the case. Thus, the import and sale of flashcarts in Japan will remain illegal, and the defendants must also pay nearly 9.6 million yen (~$815,000 USD / €748,000) in damages.

    As a result of the first district court case, flashcarts were pronounced illegal in accordance with the Unfair Competition Prevention Act. In 2011, with an amendment to the Act, penal provisions were also added (up to 10 years in jail, or a fine of up to 10 million yen).

    So, do you agree or disagree with the decision? What do you think this means for the future of flashcarts in other areas, or even homebrew?

    Here are some of the companies that filed suit with Nintendo:
    • Arc System Works
    • Arika
    • SNK Playmore
    • Capcom
    • Koei
    • Jaleco
    • Cyberfront
    • Sega
    • Takara Tomy
    • D3 Publisher
    • Bandai-Namco
    • Hudson Soft
    • Level 5
    • The Pokemon Company
    • Red Entertainment
    • Rocket Company
    • Taito Corporation
     
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  2. Memoir

    Memoir A Hero to Zero

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    Flashcards are more often than not associated with piracy. So, go Nintendo. There are other methods of attaining homebrew on systems.
     
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  3. ChaosRipple

    ChaosRipple GBAtemp Regular

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    Dang, that's harsh. Flashcarts may die out but I think Homebrew should still be alive since it is non-profit.
     
  4. TecXero

    TecXero Technovert

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    Not on older systems. GBAs, DSs, and most cartridge based consoles don't really have any other way to load software. Granted, for the most part, homebrew isn't that great on those and you'd mostly just use the ROM loading aspect, but still that can be very convenient for those of us that dump our own crap.

    As for the topic: I don't really blame them. Yeah, it's a bummer for us as it might mean less options being put out (for a short time), but Nintendo has the legal right and flashcarts tend to be abused.
     
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  5. reiyu

    reiyu Canadian, eh?

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    arc system works? seriously? when they only developed rubbish games for nintendo? and you can even count all the games they made with your fingers. just in for the money bandwagon, douches.

    also, i'm seeing dead companies:
    arika
    jaleco
     
  6. kurodax

    kurodax GBAtemp Regular

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    It's just ban in Japan and i don't think any buddy in Japan will give a single care about this, since the among of people using flashcart in Japan is like 1%
     
  7. Skeet1983

    Skeet1983 GBAtemp Addict

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    Is this the end for Gateway updates?
     
  8. Favna
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    Favna #PCMasterRace

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    Afaik Gateway is not from Japan, so no, but they should start threading more lightly because this goes to show that Nintendo is far from done battling companies much like them.
     
  9. SomecallmeBerto

    SomecallmeBerto The Anti-Hero

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    Nintendo and other compies has been doing this for years and I have yet to see the affects. Most of these companies will just move to Asia.
     
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  10. Skeet1983

    Skeet1983 GBAtemp Addict

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    Funny, I can't connect to Gateway site now :P
     
  11. SomecallmeBerto

    SomecallmeBerto The Anti-Hero

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    Tin foil hate..I choose you!!!
     
  12. Skeet1983

    Skeet1983 GBAtemp Addict

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    Somewhere, out there...
    Gateway site gives "
    Error establishing a database connection" message
     
  13. Favna
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    Favna #PCMasterRace

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    Well shit lol! Most likely just pure coincidence but yeah the site is down:

    [​IMG]
     
  14. zoogie

    zoogie simple pimp tool

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    Consoles are moving away from cartridges so flashcarts are on borrowed time anyway.

    Look at the 3ds scene -- it's mainly cfw driven. Yes, even GW is just a cfw tied down to an unnecessary dongle.
     
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  15. DesuIsSparta

    DesuIsSparta GBAtemp Advanced Fan

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    Do you know why these flashcard companies are being sued? More often than not the websites include links to things such as 'FREE ROM DOWNLOADS' or other indirect links to piracy, which is enough to nail them under Japanese copyright law. Complete idiots running the companies thinking that's a good idea. The only thing flashcarts should be advertised as, is a rom backup device. Beyond that, leave the piracy to a forum that can be shutdown or a pastebin that can be DMCAd or anything that's separate from your website so they can't prove 100% that the seller's intention is piracy. Though that's absolutely what every single person uses it for, it still is very much a 'backup tool'. If you're going to break the law, you need to actually try to not get caught. 0/10 effort from them

    Though it's unlikely the ban will make it to the United States soon, it's still possible.

    If the company is dead but the game is still sold on shelves, where do you think the money goes?
     
    Last edited by DesuIsSparta, Jan 22, 2016
  16. Favna
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    Favna #PCMasterRace

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    If "you" was referring to me - I'm only sharing the news from the source I found it on. I didn't do hours of background research to confirm every tidbit of information .. so.. no.
     
  17. Marko76

    Marko76 GBAtemp Psycho!

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    What both companies are still very much alive

    Jaleco make mobile phone games https://en.m.wikipedia.org/wiki/Jaleco

    And arika are currently making a tetris game https://en.m.wikipedia.org/wiki/Arika
     
    Last edited by Marko76, Jan 22, 2016
  18. DesuIsSparta

    DesuIsSparta GBAtemp Advanced Fan

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    Nah, it was a general 'you'. I know you're just sharing the article. And your information is correct, no real translation issues.
     
  19. Lilith Valentine

    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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  20. cvskid

    cvskid GBAtemp Addict

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    This might apply to more then just the nintendo 3ds.