Spanish Court: Cracking Utility Improves DS Functionality
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|
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Posted 02/09/10 at 12:19pm
gellymatos: So, it's wrong to not hire a guy for a position specific to a belief when his belief conflicts with his position.
gellymatos: So, it's wrong to not hire a guy for a position specific to a belief when his belief conflicts with his position.
Posted 02/09/10 at 12:18pm
Valdearg: And either way, it's discrimination. I'm not saying that the Government should force the church to make gay people priests, but there are plenty of other seemingly "religious" posts that really aren't all that religious.
Valdearg: And either way, it's discrimination. I'm not saying that the Government should force the church to make gay people priests, but there are plenty of other seemingly "religious" posts that really aren't all that religious.
Posted 02/09/10 at 12:17pm
Valdearg: There's a fine line between Job Descrimination and Letting them practice their religious "right" to discriminate.
Valdearg: There's a fine line between Job Descrimination and Letting them practice their religious "right" to discriminate.
Posted 02/09/10 at 12:15pm
gellymatos: Oh, and they are worried that "would restrict the right of a church school to employ a head teacher who shared their faith"
gellymatos: Oh, and they are worried that "would restrict the right of a church school to employ a head teacher who shared their faith"
Posted 02/09/10 at 12:15pm
Andrew Eisen: If it is separate, then the church has every right to discriminate against its own members. Put another way, the gov't has no say who the church lets in its own organization.
Andrew Eisen: If it is separate, then the church has every right to discriminate against its own members. Put another way, the gov't has no say who the church lets in its own organization.
Posted 02/09/10 at 12:14pm
Andrew Eisen: Haven't read the law and not sure how it works overseas but is there a separation of church and state?
Andrew Eisen: Haven't read the law and not sure how it works overseas but is there a separation of church and state?
Posted 02/09/10 at 12:14pm
Valdearg: Like I said. He wants the Church to retain it's right to Job Discrimination. He want's the right to be above the law, and discriminate against gays. ALSO, there were provisions in the bill to prevent that scenario, with the priesthood.
Valdearg: Like I said. He wants the Church to retain it's right to Job Discrimination. He want's the right to be above the law, and discriminate against gays. ALSO, there were provisions in the bill to prevent that scenario, with the priesthood.
Posted 02/09/10 at 12:12pm
gellymatos: How about actually reading the article: " which they fear will make them admit homosexuals to the priesthood".
gellymatos: How about actually reading the article: " which they fear will make them admit homosexuals to the priesthood".
Posted 02/09/10 at 12:09pm
Valdearg: So, yeah.. From your official leader, your church OPPOSES equality.
Valdearg: So, yeah.. From your official leader, your church OPPOSES equality.
Posted 02/09/10 at 12:09pm
Valdearg: He wants the church to be able to discriminate against gays. He wants the chruch to be above the law, when it comes to discrimination.
Valdearg: He wants the church to be able to discriminate against gays. He wants the chruch to be above the law, when it comes to discrimination.
Posted 02/09/10 at 12:07pm
Valdearg: http://www.telegraph.co.uk/news/newstopics/politics/7133053/Pope-attacks-Labour-laws-on-equality.html
Valdearg: http://www.telegraph.co.uk/news/newstopics/politics/7133053/Pope-attacks-Labour-laws-on-equality.html
Posted 02/09/10 at 12:07pm
gellymatos: And I never said "we're totally with you guys".
gellymatos: And I never said "we're totally with you guys".
Posted 02/09/10 at 12:07pm
Valdearg: Oh, BTW. Here's the POPE coming out in SUPPORT of Employment Discrimination of Gays.
Valdearg: Oh, BTW. Here's the POPE coming out in SUPPORT of Employment Discrimination of Gays.
Posted 02/09/10 at 12:06pm
gellymatos: Sorry we're not totally on one side or another. It's how we are. It's our belief.
gellymatos: Sorry we're not totally on one side or another. It's how we are. It's our belief.
Posted 02/09/10 at 12:04pm
Valdearg: You can't just pick and choose what rights you want to support and say "Ok, we're totally with you guys, now!"
Valdearg: You can't just pick and choose what rights you want to support and say "Ok, we're totally with you guys, now!"
Posted 02/09/10 at 12:04pm
Valdearg: @Gelly: Again, until your church supports Gay Rights 100%, you are opposed to gay rights.
Valdearg: @Gelly: Again, until your church supports Gay Rights 100%, you are opposed to gay rights.
Posted 02/09/10 at 12:00pm
Andrew Eisen: And when all is said and done, the opposition to the hate crime law is going to lose.
Andrew Eisen: And when all is said and done, the opposition to the hate crime law is going to lose.
Posted 02/09/10 at 11:56am
gellymatos: to us as a whole. One church may get active due to local happenings, but we have bigger concerns faith wise.
gellymatos: to us as a whole. One church may get active due to local happenings, but we have bigger concerns faith wise.
Posted 02/09/10 at 11:55am
gellymatos: On a side note, the denominations that as a whole that oppose gay rights in general aren't catholic. It isn't as big a deal...
gellymatos: On a side note, the denominations that as a whole that oppose gay rights in general aren't catholic. It isn't as big a deal...
Posted 02/09/10 at 11:53am
gellymatos: ... we oppose the hate. I have opposed it. I have seen others of my faith oppose it. It's what we're supposed to do.
gellymatos: ... we oppose the hate. I have opposed it. I have seen others of my faith oppose it. It's what we're supposed to do.
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Comments
“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/
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
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/
A pleasantly logical ruling. I don't see many of those in the copyright wars.
Wow, that's a first. We need more of this, now.
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
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/
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.
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.
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/
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.
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He was dead when I got here.
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.
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.
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
Its almost laughable at the number of people who make-believe that they don't use this kind of stuff to run pirated games.
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
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.
*sigh* Sadly true.
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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 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.
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He was dead when I got here.