Keep It or Trade It?: Tales of Graces f (PS3)
Keep It or Delete It?: Ketzal’s Corridors (3DS eShop)
Keep It or Trade It?: Prototype 2 (360)
Keep It or Trade It?: Tekken 3D: Prime Edition (3DS)
Keep It or Delete It? : Mass Effect Infiltrator (iPad)
MaxConsole is reporting that Nintendo lost a case in French Courts yesterday against the Divineo group who sold flashcarts for the DS.
the judge today has ruled against Nintendo and suggested that they are purposely locking out developers from their consoles and things should be more like Windows where ANYONE can develop any application if they wish to
Unfortunately this is the only site that is reporting this. This has gone viral but all the sites are just regurgitating Maxconsole verbatim. It would be big news if true. I’ll be keeping an eye out for confirmation.
UPDATE: A Nintendo Spokesman has confirmed the judgment to us and states
“We are reviewing the judgment and it would be inappropriate to comment further at this stage”.
One of the Defendants (assentek.comGoogle Translation) had this to say in a press release.
On December 3, 2009 at 13:30, before the Tribunal de Grande Instance of Paris has been made the ruling in the case between Nintendo Assentek.com to France, defended by the Cabinet Alain Bensoussan, and five other defendants.
The subject of the complaint of Nintendo France, in short, was to declare the infringing devices such linker made to be compatible with the Nintendo DS (trademark / copyright / protection code)….. Since the beginning of these shares, the company argued that Assentek linkers, allowing the use of third party applications (homebrew, free and legal) as well as extending the functionality of console mp3 player, divx etc. … had nothing illegal. These arguments have flourished before the Tribunal has held that the linkers could be achieved through interoperability with the Nintendo DS and acquitted all the defendants.Nintendo France has been dismissed from all his arguments and can not, in the present state of things, prohibit the sale of linkers in France. However, this decision is still subject to possible appeal of Nintendo France or prosecution before Court of Appeal.
Therefore, please keep in touch with us to stay informed of further developments and your support if your heart tells you to our action. The number by force, we invite you all to join us on facebook so that joint action can emerge from this network of users / gamers that you are and what we are.
L’équipe Assentek.com The team Assentek.com
Source : http://www.assentek.com/communique-presse-nintendo-vs-assentek-linker Source: http://www.assentek.com/communique-presse-nintendo-vs-assentek-linker
Facebook : http://tinyurl.com/facebook-assentek Facebook: http://tinyurl.com/facebook-assentekPresenting Assentek. Com
Wow. This is a great blow to all console makers. How fucked up must your system be when they say you should be more open like Microsoft.
The ruling as it stands gives the Home brew community a much needed Legal judgment in their favor. And highlights that their are legitimate uses for Flashcarts, such as home brew games, addition of services (adding say music or video playing capabilities), archival backup, and even just plain old convenience of having your entire game library with you wherever you go.
I don’t condone any piracy that may have potentially been done with them by some, but I think companies give the public too little credit. The vast majority of people are honest. Even with the availability of these carts the DS still sells lots of hardware and software. It’s still the King of the hand held market. I hope that Nintendo uses this opportunity to re imagine it’s position on the matter and do what’s best for their customers.
Dan Furnas on 04 Dec 2009 at 11:13 am #
Wow, that’s huge if that stands. I don’t know how the French court system is structured, but I’m sure there are going to be some appeals before this is said and done.
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Greg Barbe on 04 Dec 2009 at 1:03 pm #
French Courts are not held to precedent like American courts so if true it may not be as groundbreaking as it seems.
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Nintendo to Appeal DS Flash Cart Case. Misses Marketing Opportunity | G.A.M.E.S. on 10 Dec 2009 at 12:06 pm #
[...] has decided to appeal the DS Flash Cart case according to a statement sent to MVC UK. Not a surprise really. Especially when Divineo has already [...]
R4DS Importer Sentenced To 12 Months In UK Prison | G.A.M.E.S. on 21 Mar 2010 at 5:05 pm #
[...] Yun Can Meng has plead guilty to importing over 26,000 R4DS cartridges into the UK, and has now received sentencing according to GamePolitics. His sentence of 12 months seems rather steep for importation of a device that isn’t necessarily used for piracy. The R4 is often used illegally for the purpose of downloading ROMs and playing them on the Nintendo DS; however, it does have other functions including allowing for homebrew gameplay and turning the DS into an MP3 player. But these uses arguably still violate the user agreement, unless you ask the French courts. [...]