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…