Nintendo sues Modding company in Miami... more to follow? (Gateway)

Discussion in '3DS - Flashcards & Custom Firmwares' started by Kadin, Aug 7, 2013.

  1. Kadin
    OP

    Kadin Ain't no rest for the wicked...

    Member
    290
    53
    Aug 26, 2009
    United States
    Just saw this on Kotaku...

    http://kotaku.com/nintendo-sues-modding-business-over-sale-of-game-copyin-105689315

    Another Source: http://www.businesswire.com/news/home/20130807006105/en/Nintendo-Files-Lawsuit-HackYourConsole.com

    Nintendo Release: https://ap.nintendo.com/_pdf/news/977170069.pdf
     


  2. johnnywalker

    johnnywalker GBAtemp Regular

    Member
    214
    32
    Feb 17, 2006
    Poland
    Nintendo - we will play your ROMS anyway :)
     
    Roads1 and BAHIM Z 360 like this.
  3. bobmcjr

    bobmcjr GBAtemp Advanced Fan

    Member
    895
    334
    Apr 26, 2013
    United States
    This appears to be one of the few shops that doesn't offer "preloaded" sd cards. This shop sells blank media, nothing more.
     
  4. Ryukouki

    Ryukouki See you later, guys.

    Member
    4,949
    2,614
    Jan 31, 2008
    United States
    HackYourConsole is also a member on this site... interesting to see how this will play out.
     
  5. dmdsoftware

    dmdsoftware Member

    Newcomer
    21
    3
    Jan 7, 2006
  6. calmwaters

    calmwaters Cat's best friend

    Member
    1,718
    375
    May 27, 2013
    United States
    happy land
    Nintendo, I love you. Please start releasing games on the U so we don't have to resort to getting flash carts to play our games. :)
     
  7. Erixdman

    Erixdman Newbie

    Newcomer
    9
    0
    Jun 20, 2013
    United States
    Does this mean we shouldn't order from hackyourconsole.com?
     
  8. beundertaker

    beundertaker Member

    Newcomer
    38
    11
    Jul 16, 2013
    United States
    nintendo, make games that give people a reason to buy them. $40 for a 5 hour mario game, or a remake with improved textures at the expense of an even lower resolution is no good in my book.
     
  9. Kadin
    OP

    Kadin Ain't no rest for the wicked...

    Member
    290
    53
    Aug 26, 2009
    United States
    I certainly wouldn't. I know when stuff like this has happened in the past, they've obtained info about customers that ordered from the respective company. Don't remember reading about anything actually happening from that but I'd just assume not be on that list myself.
     
  10. Saturosias

    Saturosias Sakura-sō Resident

    Member
    594
    290
    Dec 27, 2010
    United States
    Has Nintendo lost a lawsuit since December 2009?

    I don't see how they could win this case other than the site using copyrighted images such as Pokémon, since they don't pre-load anything onto the cartridges and use the term "backup" to describe (3)DS games -- not technically promoting piracy in any way.

    EDIT: The Dec. 2009 case is also omitted from their AP page, so I wonder exactly how many have failed? Iirc the only reason the NXPGAME case succeeded was because they blatantly advertised that ROMs could be included on the cartridges for an extra fee, which was full-on (apologies) retard.

    EDIT 2: As long as the copyrighted header/etc. software isn't included on the card being shipped (you have to download it from Gw3DS' site), the hardware itself is legal, yes?
     
    Syphurith and RedCoreZero like this.
  11. DinohScene

    DinohScene Capture the Dino

    Member
    GBAtemp Patron
    DinohScene is a Patron of GBAtemp and is helping us stay independent!

    Our Patreon
    15,789
    12,242
    Oct 11, 2011
    Antarctica
    В небо
    OP, please edit your quoting post, it's hardly readable on the dark theme.


    OT:
    That's what you get for piracy.
    However, Ninty should directly prosecute the flashcard companies themselves.
     
  12. Kadin
    OP

    Kadin Ain't no rest for the wicked...

    Member
    290
    53
    Aug 26, 2009
    United States
    Edit it how? I simply quoted the text using the site tools provided.
     
  13. DinohScene

    DinohScene Capture the Dino

    Member
    GBAtemp Patron
    DinohScene is a Patron of GBAtemp and is helping us stay independent!

    Our Patreon
    15,789
    12,242
    Oct 11, 2011
    Antarctica
    В небо
    Edit it in the BBcode editor ;p
    The Rich text editor also copies font colours etc.
     
  14. AngryGeek416

    AngryGeek416 GBAtemp Advanced Fan

    Member
    668
    165
    Nov 17, 2012
    Argentina
    Which $40 dollar mario game is 5 hours long?
     
  15. Kadin
    OP

    Kadin Ain't no rest for the wicked...

    Member
    290
    53
    Aug 26, 2009
    United States
    Gotcha. I just removed the quote function... hopefully that's better now. :)
     
  16. DinohScene

    DinohScene Capture the Dino

    Member
    GBAtemp Patron
    DinohScene is a Patron of GBAtemp and is helping us stay independent!

    Our Patreon
    15,789
    12,242
    Oct 11, 2011
    Antarctica
    В небо
    Slightly better.
    Atleast it's readable now ;]
    Thanks!
     
  17. Kadin
    OP

    Kadin Ain't no rest for the wicked...

    Member
    290
    53
    Aug 26, 2009
    United States
    One of the issues of the lawsuit I have a problem with is this, "The operator of HackYourConsole.com has developed a global business focused
    on selling unauthorized copies of Nintendo games." As far as I can tell, the site does not sell anything with roms provided so how exactly are they selling games? As already said above, they don't provide any of the actual games, unless I'm missing something.

    Clearly we can all pretty much guess what *most* people use these devices for, but accusing the site of selling games is actually incorrect and defamatory it seems, to me.
     
  18. Ryukouki

    Ryukouki See you later, guys.

    Member
    4,949
    2,614
    Jan 31, 2008
    United States

    If I recall correctly (I may be wrong) but I think they used to preload their flashcarts or something. They were recommended by the folk here to remove most of the infringing content for their sake. I think this was earlier this summer, so my details were a little bit foggy. If it's incorrect information I will remove this post.
     
  19. Saturosias

    Saturosias Sakura-sō Resident

    Member
    594
    290
    Dec 27, 2010
    United States
    ... I guess they forgot to remove the \FAQS.php (their current one is just \FAQS), it's ©2012, but this is probably the basis for Nintendo's current claims:

    [​IMG]
     
    xwatchmanx, Syphurith and Kadin like this.
  20. Ryukouki

    Ryukouki See you later, guys.

    Member
    4,949
    2,614
    Jan 31, 2008
    United States
    I was actually going to link the exact same thing.