ELSPA: 90% of American DS Owners Use Pirate Device

February 1, 2008 -
An official with ELSPA, the European game publishers' trade association, has told a U.K. newspaper that 90% of American Nintendo DS owners are believed to be using a Chinese-made copyright-cracking device known as the R4 (left).

In an interview with the Sunday Post, John Hillier, who manages ELSPA’s Intellectual Property Crime Unit, said:
Legitimate business is at serious risk from the R4... It gets around the protection built into the Nintendo DS to prevent playing of unauthorised games. The R4 in effect blinds the console and makes it think it’s seeing a genuine game. Trading standards and police are finding these devices in raids on people who sell pirated games...

The implications are massive. In America it’s thought 90 per cent of Nintendo DS users are playing pirated games because of R4s. Takings from Nintendo DS games in the US are lower than any other console and no doubt it will have a similar impact here...

The R4 has shifted balance of power in the piracy industry to the consumer — and that is hugely worrying. That’s why we intend to stop trade in these chips wherever we can.

According to the Sunday Post, the R4 sells for about £40 in the U.K.

GP: While I don't doubt that the video game industry has legitimate concerns about the R4 (see video below), the 90% figure cited by John Hillier is absurd on its face. 

Seriously, does anyone really believe that nine out of ten DS users are jumping through these hoops with their handheld? This comment, posted on Next Generation by a reader, pretty well sums it up:
NINETY percent? As in a nine followed by a zero? I find that number completely impossible to swallow. That means MOST of the little kids out there who got a DS for Christmas immediately went online and bought a chip.

Stake out the Wal Mart or Target near your home, and take note of how many people buy a DS in one day, now try to imagine nine in ten of them even knowing what an R4 chip is. Doesn't work for me.

ELSPA is really overreaching in their bid to sensationalize this R4 boogeyman. I support their efforts to ensure that developers get paid for their games, but I suggest they make up a more believable statistic next time.

GP: I'm also wondering why ELSPA, which represents the European game industry, is issuing statistics on alleged American piracy. Why wouldn't this "information" come from the ESA? Why wouldn't ELSPA issue a percentage that relates to European use of the R4?

Early this morning I sent an e-mail to the ESA requesting clarification on this issue and will update the story when they respond.

Via: Next Generation


 

Comments

You can count me as another person that has NEVER even heard of these R4 chips before this came up... 90% is pretty damn impossible since that would mean 9 out of every 10 DS owners would have one and that would include children; and you damn well know that it's unlikely that the parents of said children are tech savy enough to know about these things either...

I own an R4 and its made my DS the top games system I use. The games for the DS are horrendously overpriced, especially as many are little more than elaborate mini-games.

I tend to download anything I'm remotely interested in to try out. If I really like the game I'll buy a copy of it to help support the developers. If I don't then I won't bother.

Theres also the ease of use side of things too. I don't really want to carry around the 10 or so legitimate games I own everywhere I go. The R4 fitted with a 1gb Micro SD card allows me to take those games everywhere I go without any excess bagage other than the one small cart in the hand held device. This is the sort of functionality I want on my next-gen hand helds too. I'd be much more receptive if the next gen hand-helds could download all their games from the net for a fee from the publisher/nintendo. You could also release demos of these games easily too.

I refuse to pay for a game I haven't played. I wouldn't buy a car I'd not test drived or a shirt I'd not tried on. The same applies for games. The R4 allows me to try before I buy with any DS game. I only wish the Xbox Live style demo system was more prevalent in other consoles to offer me the same option.

In America it’s thought 90 per cent of Nintendo DS users are playing pirated games because of R4s. [Citation Needed]

seriously, that figure fails outright without at least 2 independant sources backing it up, imho.

I own a EFA Linker flash cart for the GBA side, and my primary motivation for buying it was to load roms of games that won't ever see US releases that I wanted to play on my SP, such as Gundam SEED: Destiny Battle Assault, and the GBA Super Robot Taisen games. Granted I also have some roms to games like Pokemon Red/Green, but I also own the physical carts of those as well.

On the DS, I don't have a flash cart yet, but I have been considering something like the R4, for the use of playing Japanese-only games and possibly getting some homebrew apps for doing things like writing or scheduling on my DS, it would be handy to write my work schedules down with, and try out games before I buy them. Thankfully I have bought only the titles that I knew would be good or that I'm able to try thanks to being a GS employee, but I've also traded back some games that just didn't live up to par.

HAH If there is a pirate industry, wheres the pirated ds stores at?

Lies damn lies and outright fabrications.

I use an R4.

And quite frankly, unless I start seeing lower prices for these OP'd DS cartridges, and functional homebrews like ComicBookDS or Moonshell, ELPSA can take its fear-mongeting elswhere.

90%?! What a crock of shite, why do these corporations and studies keep using ridiculously absurd and obviously false facts and statistics in their so called "studies"?

Oh wait that's right; because no one is stopping them and they know if you say something loudly enough for long enough people will start to believe it.

I've never even heard of the R4, seeing that made me laugh my @ss off. The majority of the people I know that own DS's aren't hardcore gamers at all, mostly little kids and people just using it in their spare time. Most of my friends have DS's, and none of them use pirated stuff. Not because it's illegal or anything, we just haven't found any stuff that tickles our fancy

I use a Supercard device, but it does the same thing. Yes, I do download games for it, however I also try to buy good games that I want to support as much as possible.

The main advantages of these flash cards are the ability to put a whole bunch of games on a single card and have built in cheat support (at least on the Supercard). Never mind the fact that you can run homebrew apps like playing movies and music. I use the DS port of ScummVM to play some of my old LucasArts adventure games like Monkey Island and Sam & Max.

Having everything you want to play on a single card is the way to go. No changing cartridges while you're crammed between two fat people on the bus. This is the exact opposite of the convenience a portable gaming system is supposed to offer.

There's no reason why they can't offer some kind of download service for portable games, and until they do, they can pry my flash card from my cold dead hands.

"Piracy industry"?

I guess the pirates finally wisened up and incorporated. I guess pirate labor unions are next. Who'd have thunk it?!

I was aware that there are devices for the DS that enable homebrew and pirated games, but I've never heard of the R4. I keep up to date on videogame news, so the 90% figure really seems like it's out of thin air.

I might get an R4, though. It'd be nice to have some emulators and have my whole DS collection on one card.

That's a load of crap. The majority of DS owners are children, do they really think a bunch of children also have an R4? I one of the adults who own the DS, and even I don't own an R4, though now I'm starting to think about it just for the same of playing homebrewed or older emulated games on it.

As has already been said (and will be said again) that's completely absurd. Is there a European game consumer organization? Someone needs to take ELSPA to task over this and where they're getting their information.

Well, from my experience as a european, I'd say the ELSPA has as much power and intelligence on european gaming, as a dead gnat has over Australia.

maybe we should set up a poll... with answers of a "Yes", "No", and "Never even heard of it before this"... ten bunks say we get the opposite of the ELSA's results and we get something like less than 10% saying "yes"

42, 13, 1031, 5, 15918........

Anyone can pull numbers randomly out their backside, but it takes a true asshole to get others to repeat them.


90%?! That number is insane. Maybe it's an inverse or a typo. I would have serious trouble with a number over 10%.

Ah media mafiaa propaganda...dosent mention the DS is the top selling portable console...EVERA.....

I had a neomax was a buggy $100 POS and you wan to know what I got it for,to play GBA games on my DS, since my DS broke I have been uninterested in it..I want to get one and a better device so I can test some DS games have better GBA compatibility(love save states) , if I find a DS game I like I'll be happy to pay 15-20 for ti like ll the used games I buy ^^.

Maybe he just meant to say 9% and cocked it up.

So speaking a total novice with regards to hand held consoles, if I understand the situation correctly, Nintendo is trying to lock-out prior legally purchased and licensed titles for its new legitimately purchased devices as well as homebrew applications?

If that is the case I dont blame people for circumventing the lockout. Just because one buys new hardware does not mean they should be forced to buy new titles or worse yet cant get favorite old titles on the new media. Let alone be forced to carry around lots of stuff when it all can go on one item. Moreover stopping people from developing stuff for their own use on hardware they purchased is also bullshit. What do these guys think they are Apple or something?

Anyway in general I the whole licensing and IPR paradigm shift in recent years has been a load of crap as far as I'm concerned.

@ Dave: "I refuse to pay for a game I haven’t played. I wouldn’t buy a car I’d not test drived or a shirt I’d not tried on."

What?

I'm sorry, but that's a terrible analogy. What about buying a book you haven't read or a movie you haven't seen? That would be much more relevant.

And why not rent games and try before you buy legitimately?

@Bill: "..cocked it up." Nice.

47% of all statistics are false. Including this one.

Just the same as what Republicans and Right-Winged media: USO DA!!!!!! *birds fly out from the tree in fear*

Wow, I guess these guys have been taking lessons from the US **AAs.

First, take a perfectly true statistic. Then double it. Keep doubling it until politicians do what you want.

If necessary, contract out your services to local law enforcement in order to have them be the ones that quote your numbers. That way you can then quote them as your source of information, and no-one will be the wiser that the numbers were made up by you in the first place.
-- If your wiimote goes snicker-snack, check your wrist-strap...

I'm a bit suprised by the number of posters here who own a piracy/R4 device. Perhaps the stats aren't entirely off...

Not that 90% isn't still absurd.

Most DS owners don't even know wtf the R4 is.... until now. good going ELSPA!

also, are they sure they are't mixing up China's statics with ours?

Here is what I said about this yesterday on another site:

I am not going to downplay the dangers of game pircay, but it seems to me that he is exagerating to RIAA/MPAA levels with this statement:



The implications are massive. In America it’s thought 90 per cent of Nintendo DS users are playing pirated games because of R4s.


I seriously find that hard to believe. According the the NPD, the life to date sales of the DS in the US are 17.65 million units as of the end of 2007. That would mean that 15.885 million DS owners have chipped their DS. That is way too much.

Consider that the DS is the most popular console with kids, I would have to say that anywhere from 70-90% of DS owners in the US are children under the age of 15.

But he also has trouble convincing me when it comes to game sales. I am having trouble finding life to date sales of all DS games, but they did acount for 21% of software sales over the year. That is over $2 billion dollars of sales in 2007. That is hardly a struggling industry.

I am also slightly offended that he assumes that almost every gamer in the US is a pirate in street clothing. The US is the seemy underbelly of piracy according to this guy.

I too had never heard of the R4 or a Supercard, and now that I have, I feel suitably informed but entirely uninterested. I'm happy playing real games on real cartridges. Maybe I'm in the other 10%?

Approximately 78.6% of all percentages are made up.

I'm a tech-geek and I've never heard of an R4, neither have any of my DS-wielding friends.

Didn't we just go through the same sort of fabrication (or "honest mistake", yea right) with MPAA?

90% is complete and utter bullshit and they only came up with it so that the number can be used to justify some new draconian piece of IP legislation (DMCA v2).

This is exactly the sort of stuff the ECA should fight against. Hear that Mr. Halpin?

Among my friends (adult gamers) nobody uses a modchip on their DS.

Well, I didn't even know what an R4 chip was before reading this article, so I guess I'm one of the "10%" that doesn't own one.

Considering this guy's ridiculous claims, I wonder if he took time to factor in price differences? I got my DS in November, and since I've had it I bought two games. Contra 4 for retail price and Puzzle Quest for $15 at Wal-Mart. Considering that buying Assassin's Creed *USED* for my 360 cost me about the same as those two games, that could be the error he's seeing.

The DS moves a lot of game units, but when your game units cost half of what they cost for the other consoles you need to be sure you're calculating correctly. If you just look at pure profit margins your numbers will be skewed...as I'm sure this guy's are.

"The R4 has shifted balance of power in the piracy industry to the consumer — and that is hugely worrying. That’s why we intend to stop trade in these chips wherever we can."

Well, from past experience when the industry has the power, they just bend consumers over, so as far as I'm concerned the industry should work hard to try to KEEP our business, not lock us in an force us to buy from them.

As for this R4 thing... it kind of makes me want to buy a DS and an R4... I would love to have tons of old games at my fingertips, frankly, if Nintendo wants to beat them it's easy, offer a better solution. Provide people with the means to purchase and download old games onto a a cartridge through a Nintendo USB device. Screw laws that make it easy for corporations to lock down the consumer, they should have to fight to provide us with something, they serve US not the other way around.

I agree with EZK's reasoning. I had to look up some figures, and apparently the R4 is in high demand, but lacking in supply. So I find it very impossible that 15m R4s exist in the US, and if that was so, it'd pretty much prove that it isn't damaging the industry since the DS and its games sell like hot-cakes.

Either way, this is the ELPSA, I guess they are paid to exaggerate figures.
Wasn't the PSone full of piracy and that made it sell like hot-cakes?

If anything, this is just making it look like piracy isn't hurting...

Oh yeah, and that poster that mentioned piracy incorporated..... lol

This just in...
indeed he misspoke. It seems that actually, a whopping %135 of all Americans who own the DS are pirating games! I know this to be true. At first it seems that number can't be right, but it has come to my attention that 65% of all American DS's have been modified to run TWO pirated games at the same time, so we had to adjust the number somewhat.

Indeed, Piracy is rampant in the unwashed American soil. It has also been found to be a fact that every PS3 ever sold in the America also has a copy of every Wii title ever released. The Xboxen 3600s are pirating PC games, and every PC is ran off a pirated copy of Linus!

It's twue, it's twue!

Count me as one of the ones that has a DS and no R4 or anything.

I have an R4, I bought it because it lets me run homebrew, like ScummVM and "Colors!". It also lets me use my DS to listen to music, watch movies, view pictures, ebooks and text files.

Also you can use it to store many games in your DS at once, and backup/manage your save files via your PC, which is nice as often DS games only have 1 or 2 save slots. Also, if I choose, I can get hold of US and Japanese games that aren't released here in the UK.

If these functions were just included in the DS, then I'm sure the R4 would be even more unheard of than it already is.

By the way, I don't condone piracy. If a game is good, BUY IT and support the makers.

the funny thing is of the four person I know with a DS(including myself) none have a R4 or any pirating device.
I hadn't heard of the thing before this guy opened his mouth.
And in my opinion to reach 90% you would need a person standing outside each outlet selling those things for 1-2$ or something like that.
Halo3 didn't reach the penetration this guy is claiming for the R4.
this is completely weird and so obviously false.
I'd trust a lot more a 9 or 19% but 90 is a bit farfetched.

I've never even heard of an R4 until now. I have no interest in it, either.

I can make stats up too.

90% of announcements regarding copyright theft are false.

See? It's like magic!

Gift.

Never heard of it but I'm more bothered they are doing statistics of us.

What about themselfs. =\

I have a little DS bootlegger as well. The catch is that I had a DS for a year and a half before I bought one, and I only picked up about three used games in that time.

I had zero intentions of ever buying any more software after I bought Clubhouse Games (worth the price of a DS alone). So, how is any party loosing money that I was never going to spend in the first place? It's like saying that my American "Life on Mars" bootlegs cost the BBC money, even though I can't buy or watch the series via official release in America to begin with

The R4 is about 40$ the SD card it needs to load music/stuff is extra seems to be more stable version of the neo max.

All in all looks good get a 2-4GB SD card have alil music player and a few GBA titles and maybe a couple DS games...mmmm yyeesss..... Iahte carrying around so many games...

By what G-dog has mentioned and the high profits that gamestop gets. It seems very plausible that they lump used game sale losses with piracy.

Ok, out of the 40+ people I know with DS systems (from work, school, church, and my friends) exactly 0 had even known what a R4 is. A couple thought it would be cool, especially if they can get ScummVM working on it.

Oh, there is a local college out here with a DS programming class, and the R4 is what is used in order to be able to run the assignments on the system. (yes, to take the class, you need a DS and R4, they sell them at the school bookstore, with other mandatory class supplies)

90%...riiiiight.

Here's a more accurate use of that number. 90% of the gamers I personally know own DS consoles. NONE of them own such a chip; I knew of their existence, and I know I've actually heard the specific term R4 before, but if I'd been asked this morning to name a DS homebrew enabling chip, I couldn't have come up with this name.

But hey, 157% of statistics are made up on the spot. For the benefit of the "researcher".

The problem is that these devices even exist. Yes, we all want to be able to save money by skirting the law with the excuse that we're just "Backing Up our game library." Yes, homebrew is one legitimate cause, but, from my experience, that's not a whole lot of users. Most kids with R4s are using them to get games without paying for them, plain and simple. The real issue here is China continually undermining international copyright law. Fucking third-world cesspool.

I want to get an R4 or CycloDS strictly to play homebrew software. The 'official' DS browser is lousy, I'd like to listen to mp3s and watch videos, and I've heard that the entire LucasArts DOS adventure library is available.

90% of all users? doubtful
90% of users who would have been asked to answered a survey? plausable.

Maybe they meant 90% of R4 owners use the device to pirate games?

That's the only argument you could possibly make.

I call... BULLSHIT

----
Papa Midnight

Here's a real statistic:
100% of all PSP's can play pirated MP3's and videos.
 
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