Spanish Court: Cracking Utility Improves DS Functionality

November 23, 2009 -

A Spanish judge has tossed out a criminal complaint filed by Nintendo against a seller of memory cards that allowed users to crack their Nintendo DS handhelds.

Movilquick Group was the target of the complaint, and a seller of devices (pictured) designed to “allow the use of multimedia and homebrew files,” on a DS, though the company noted that it is “against piracy” and does not support the use of commercial software in conjunction with their devices.

The judge ruled that while purchasers could use the devices for piracy, they could also use them to further advance the operational capability of their DS (translation follows): “Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”

A question further raised by the judge was whether or not Nintendo is the only company that can provide additional functionality to its devices (translation follows):

…this leads to another question that is if Nintendo has an absolute right as the only manufacturer to create accessories or, other manufacturers can produce and offer accessories for Nintendo consoles provided copies of attachments are not originally created by Nintendo and therefore protected by industrial property rights. That question goes beyond the criminal and should be terminated by the Civil Court…


|Via TechDirt|


Comments

Re: Spanish Court: Cracking Utility Improves DS ...

even here on GP im noticing more (ability to pirate) = (intent to pirate) statements than at least a year ago, if not longer.  makes me wonder.

Re: Spanish Court: Cracking Utility Improves DS ...

I have absolutely no problem with the devices themselves, as there is legitimate uses.  The problem I have is when people who use them for piracy whine when a manufacturer updates their system, making the piracy invalid, such as updating your Wii messing up your Homebrew.  What I like most about people who whine about that is that apparently they can't read, as you're warned about the likelihood of your HBC getting screwed up before you agree to download the damned thing.

---

He was dead when I got here.

--- With the first link, the chain is forged.

Re: Spanish Court: Cracking Utility Improves DS ...

*sigh*  Sadly true. 

---

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

Re: Spanish Court: Cracking Utility Improves DS ...

Its almost laughable at the number of people who make-believe that they don't use this kind of stuff to run pirated games.

Re: Spanish Court: Cracking Utility Improves DS ...

Yet still, that does not negate the fact that such devices have legitimate and legal uses that should not be barred from commerce. Read the Betamax ruling. it is enlightening.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Spanish Court: Cracking Utility Improves DS ...

That judge deserves an award! I just hope that the appeal don´t blow this if it´s made.

They will look up and shout "Give ROFLCOPTERS to us"... and I´ll whisper "NO". The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Spanish Court: Cracking Utility Improves DS ...

It's nice to see some reason in regards to the reality of working with digital media. The world is slowly coming around to the fact that digital stuff doesn't work like physical stuff, and trying to make it conform to a physical model is fruitless and futile.

Nintendo's been struggling against hacking and emulation pretty much since they got in to the hardware game -- I wonder if they'll be one of the first to find a better way and change, or if (more likely) they'll let themselves be pounded by holding on to an old model well after it's stopped being useful.

Re: Spanish Court: Cracking Utility Improves DS ...

I'm sorry, Judge. Logic isn't permitted when it comes to the digital age and copyright law.

---- There is a limit for both politicians against video games, and video games against politicians.

Re: Spanish Court: Cracking Utility Improves DS ...

This reminds me of the days when US copyright policy wasn't completely broken. Not too long ago American corts would have agreed, but nowdays the DMCA is enough to prevent the sale of this device in the United States.

Re: Spanish Court: Cracking Utility Improves DS ...

We need more activists judges over riding stupid laws.... if 2 or 3 did so it could be brought before SCOTUS more often....


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

Patreon

Deviantart

Re: Spanish Court: Cracking Utility Improves DS ...

Activist judges (on both sides) have ruined the laws we already have.  What we need are non-activist judges that will look at a law on the merits, versus what their preconceived notions about it suggest it should mean.

---

He was dead when I got here.

--- With the first link, the chain is forged.

Re: Spanish Court: Cracking Utility Improves DS ...

Anyone remember the old GameShark/GameGenie days?  That's what my mind goes to every time I see an article detailing controversy over cracking utilities/mod chips/anything similar.  If I remember correctly, Nintendo and Sega had about the same reaction to those as most console makers are having to these.

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

Re: Spanish Court: Cracking Utility Improves DS ...

God I miss those days you can take the shittist game and make it fun as hell!


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

Patreon

Deviantart

Re: Spanish Court: Cracking Utility Improves DS ...

Agreed, or taking a game with an insane difficulty curve and making it so you could actually get somewhere in it.

Hunting the shadows of the troubled dreams.

Hunting the shadows of the troubled dreams.

Re: Spanish Court: Cracking Utility Improves DS ...

Wow, that's a first. We need more of this, now.

Re: Spanish Court: Cracking Utility Improves DS ...

A pleasantly logical ruling. I don't see many of those in the copyright wars. 

Re: Spanish Court: Cracking Utility Improves DS ...

This is the normal ruleing on the matter untill the media mafia starts waving money around...


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

Patreon

Deviantart

Re: Spanish Court: Cracking Utility Improves DS ...

“Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”

The problem I have here is that people are gonna use these devices for illegal usage 90% of the time, I know a few people doing that right now.

http://www.magicinkgaming.com/

Re: Spanish Court: Cracking Utility Improves DS ...

Here is some fantastic reading for you.

http://www.gamasutra.com/blogs/EphriamKnight/20091116/3544/Of_Betamax_an...

In this blog post, I discuss the SCOTUS Betamax ruling and how its findings apply to mod chips. The short version is exactly what this Spanish Judge said.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
PHX Corphttp://www.polygon.com/2015/5/26/8659397/graphics-complaints-arise-following-new-witcher-3-patch-for-pc Graphics complaints arise following new Witcher 3 patch for PC05/26/2015 - 7:53am
E. Zachary KnightInfo, or they could have left it only for people in your friends list.05/26/2015 - 7:21am
Infophileas being "family friendly." A kid could easily flip an option and be hit with a torrent of abuse they weren't expecting.05/26/2015 - 5:30am
InfophileI think Nintendo was between a rock and a hard place with voice chat in Splatoon. Leave it in, and jerks will drive off younger players. Leave it out, and competitive players won't play. Even if it were in but disabled by default, they couldn't sell it...05/26/2015 - 5:29am
Matthew Wilsonthis is a nice video on P.T https://www.youtube.com/watch?v=K-85jO6nRNQ05/25/2015 - 11:57pm
Matthew Wilsonmaybe, but its still kinda sad even as a joke.05/25/2015 - 11:51pm
Goth_SkunkThe best commentary is delivered through humour.05/25/2015 - 11:36pm
Andrew EisenIt's not needed. It's a joke. Albeit one with quite a bit of commentary packed into it.05/25/2015 - 10:59pm
Matthew Wilsonmot game related, but still interesting. http://www.polygon.com/2015/5/25/8654983/jurassic-world-chris-pratt-apology the fact that this is even needed in modern culture is a embarrassment.05/25/2015 - 10:26pm
Matthew Wilsonyeah, but with no voice chat its doa.05/25/2015 - 9:48pm
TechnogeekYet, you're going to be hard-pressed to find anyone other than insecure 2EDGY4U teenagers seeing it as anything other than an extremely fun game.05/25/2015 - 8:36pm
TechnogeekSplatoon's probably the best example at this point. Gameplay-wise, it's a team-based third-person shooter with a significant online component. It's rated E10.05/25/2015 - 8:36pm
TechnogeekThe silliest thing about most of the Nintendo hatred is that they may be the last company that interprets "family-friendly" as meaning "fun for more than just the really young kids".05/25/2015 - 8:33pm
ZippyDSMleeWell it could be worse, like skyrim out of the box, a shame DAI dose not have that level of editing...05/25/2015 - 5:58pm
Zenpretty well without getting "nasty". Many people are disappointed in the decision and the about face on the status of the games development.05/25/2015 - 4:22pm
ZenEvery market has horrible people...but being like this towards all of them in a group is not a way to garner support and can make people more hostile towards you. Ironically his response was to someone that wanted to state a disagreement, but worded it05/25/2015 - 4:22pm
Goth_SkunkAs demonstrated by Ian's remarks, that 'market of possible fans' is apparently negligible.05/25/2015 - 4:18pm
Zeninformation while other versions had everything talked about openly.05/25/2015 - 4:15pm
ZenYeah, I've read through it and wanted to make sure I had it quoted correctly. I get there are issues, but this is horribly unprofessional and just burning a market of possible fans..many of which supported them and were waiting while getting little to no05/25/2015 - 4:15pm
Goth_SkunkOh wow. That's not even misquoted, he actually said that. Though for additional context in previous pages, he truly does not think highly of Nintendo console owners, and claims that in the industry, he's not alone.05/25/2015 - 4:12pm
 

Be Heard - Contact Your Politician