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

[Kadin]

Just saw this on Kotaku...

Nintendo today sued a Miami-based modding business saying its operation "blatantly promotes and sells unauthorized Nintendo games" along with flash cards and other devices to copy them.
HackYourConsole.com is named in the complaint, filed in federal court for the Southern District of Florida. Its website lists five varieties of R4 flashcards for sale, plus has offered $80 preorders of the "Gateway 3DS" flashcard (pictured above) essentially the counterpart to the R4 that allows copying of DS ROMs. HackYourConsole.com's site says the business was established last year, and that it is an authorized U.S. dealer for all of this hardware.
A news release issued by Nintendo today also accused HackYourConsole's operator of providing "services to hack and modify the Wii console and allow the play of illegal software."

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

 

[johnnywalker]

Nintendo - we will play your ROMS anyway

 

[bobmcjr]

This appears to be one of the few shops that doesn't offer "preloaded" sd cards. This shop sells blank media, nothing more.

 

[Ryukouki]

HackYourConsole is also a member on this site... interesting to see how this will play out.

 

[dmdsoftware]

Read about it here

http://www.examiner.com/article/nintendo-sues-console-hacking-website-for-wii-and-nintendo-ds-piracy

 

[calmwaters]

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.

 

[Erixdman]

Does this mean we shouldn't order from hackyourconsole.com?

 

[beundertaker]

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.

 

[Kadin]

Does this mean we shouldn't order from hackyourconsole.com?

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.

 

[Saturosias]

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?

First, that's software. Second, this is the reason that "firmware" is distributed from offshore servers, and not included on a NAND chip on the cart. Third, this only applies to DSi compatible carts. Thus the carts themselves are not illegal.


Thank you and have a nice day.

 

[DinohScene]

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.

 

[Kadin]

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.

Edit it how? I simply quoted the text using the site tools provided.

 

[DinohScene]

Edit it how? I simply quoted the text using the site tools provided.

Edit it in the BBcode editor ;p
The Rich text editor also copies font colours etc.

 

[AngryGeek416]

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.

Which $40 dollar mario game is 5 hours long?

 

[Kadin]

Edit it in the BBcode editor ;p
The Rich text editor also copies font colours etc.

Gotcha. I just removed the quote function... hopefully that's better now.

 

[DinohScene]

Gotcha. I just removed the quote function... hopefully that's better now.

Slightly better.
Atleast it's readable now ;]
Thanks!

 

[Kadin]

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.

 

[Ryukouki]

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.

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.

 

[Saturosias]

If I recall correctly (I may be wrong) but I think they used to preload their flashcarts or something.

... 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:

 

[Ryukouki]

I was actually going to link the exact same thing.