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.

---

http://zippydsm.deviantart.com/

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.

---

http://zippydsm.deviantart.com/

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.

---

http://zippydsm.deviantart.com/

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

 
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PHX CorpI'm going to do a test stream later today, if anyone is intrested07/31/2014 - 2:40pm
Andrew EisenYes, I'm such a big Nintendo dork that I read Nintendo's quarterly financial reports.07/31/2014 - 2:09pm
Andrew EisenCool tidbit - Mario Kart 8 sales account for more than half of total Wii U software sales for the last quarter even though it was only available for the last third.07/31/2014 - 2:09pm
Andrew EisenStill a pretty cool promotion. Unfortunately for me, I'm not interested in purchasing Mario Kart 8 and I already owned or didn't want any of the free games on offer.07/31/2014 - 1:43pm
Andrew EisenInteresting that EU had 10 games to choose from while North America only had four.07/31/2014 - 1:41pm
MaskedPixelanteIt certainly worked, I probably would never have bought Mario Kart 8 if it didn't come with a free copy of Wind Waker HD.07/31/2014 - 1:14pm
Andrew EisenI imagine will see similar promotions like "Buy Mario Kart 8 get a download code for one of these specific games" but almost certainly not for all of its (however you would define) biggest releases.07/31/2014 - 11:24am
MaskedPixelanteI wonder if Nintendo is going to be doing "buy one get one free" promos for all their biggest releases going forward.07/31/2014 - 10:48am
MaskedPixelantehttp://www.mcvuk.com/news/read/special-report-retail-revolt-over-pc-code-strippers/013614007/31/2014 - 8:27am
ZippyDSMleeWouldn't they be able to afford and get done in a timely manner a general gba emluator for the 3DS? It seems to me if they want to make money off sales they need to do it.07/31/2014 - 7:25am
Sora-ChanAmbassador program, that's what I was looking for. Anyway the other games that have been made no longer exclusive to the early adopters got updates in their software. It'll only be a matter of time more than likely for the GBA to get the same treatment.07/31/2014 - 5:35am
Sora-ChanI might be naming it incorrectly when I say "founder" i mean the program for earlier adopters.07/31/2014 - 5:34am
Sora-Chanthe 3DS's GBA emulator was a rush job due to the founder program. No other GBA titles have been released on the 3DS yet. If/When they do get around to it, they'll more than likely update the emulation software.07/31/2014 - 5:32am
Zenemulator...it's not just a slap job that makes "some" work..they do it for each which is why they work so well. I would rather have the quality over just a slap job.07/30/2014 - 5:48pm
ZenMatthew there is a difference between "worked" and "accurate". You play the Nintendo VC titles they play as damn close to the original as possible. The PSP would just run them as best they could, issues and all. And Masked...EACH VC title has their own07/30/2014 - 5:48pm
MaskedPixelanteOnce again, the 3DS already HAS a GBA emulator, it just can't run at the same time as the 3DS OS.07/30/2014 - 4:54pm
Matthew Wilsonyou cant street pass in ds mode ether, and if moders can make a gba emulator that runs very well on the psp as I understand it. you are telling me that Nintendo devs are not as good as moders?07/30/2014 - 4:49pm
Zenperformance. Halo 1 and 2 worked great because they actually did custom work on each of them...just like Nintendo does now lol07/30/2014 - 4:08pm
Zenexisting hardware while the GBA has to be emulated completely. Same reason the 360 couldn't run most Original Xbox games correctly, or had issues because they just did "blanket approach" for their emulation which led to game killing bugs or horrible07/30/2014 - 4:07pm
ZenSora/Matthew: It's not just Miiverse, but the whole idea of streetpass and things like that would be affected if the OS is not running. And just because a 3DS game can be downloaded and run does not mean that GBA can as easily. Those 3DS games use the07/30/2014 - 4:06pm
 

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