French Court Rules in Favor of Mod Chip Maker

December 7, 2009 -

In a ruling very similar to one handed down in Spain just last month, a French court has decreed that makers of Nintendo DS flash carts are not breaking the law.

French company Divineo was one of the defendants brought to court by Nintendo for making flash carts for the DS, which allow non-authorized games and media to be played on Nintendo’s handheld game system. The court ruled that the carts are legal and extend the usefulness of the DS, states MaxConsole.net.

The court also apparently took umbrage with Nintendo for “illegally” protecting its system and locking out users and developers, though it should be noted that the MaxConsole site, according to various sources, is owned by Max Louran, the same individual that heads Divineo.

This is not Louran’s first brush with console modification enforcers either: a 2007 GP story indicated some relation between Louran’s Divineo company and a firm (Supreme Factory Limited) at the center of a mod chip raid in Hong Kong.

Assentek, a fellow defendant in the case and also a manufacturer of console modifiers, was pleased with the ruling, but cautioned (Google translation):

However, in our view, this is probably a first episode in the general confrontation between France and Nintendo players in the world of gaming consoles including Assentek in particular.


|Via TechDirt|


Comments

Re: French Court Rules in Favor of Mod Chip Maker

Zip, you're missing the point.  Regardless of the fact that you don't like the way the law is, piracy is any unauthorized sale, distribution or copying of media.  That means that if I make a game, unless I tell someone they can give it out to people over the internet, they're breaking the law.  You can't make any argument against that that actually makes sense.  That's why pirates don't even try.  They make up bullshit excuses to try to validate breaking the law.

As for your balance issue, you're the one who isn't willing to balance.  You're assuming that the only bad guy is the corporation, when that's a fallacy.  Like it or not, those corporations own - that's right, OWN - the rights to their respective IP's.  That means it's theirs.  Not yours or anyone else's.  You're one of the people that says people should be able to do what they wish with what's theirs.  Now you're also trying to say that corporations shouldn't.  Sorry, Zip, but you can't have it both ways.

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Re: French Court Rules in Favor of Mod Chip Maker

I think you have his thoughts pretty much gathered.

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

Re: French Court Rules in Favor of Mod Chip Maker

One of the unfortunate side effects of the ruling will definitely be people who pirate gaining a sense on legality from this.

whether or not that constitutes the majority, well i'm not going to comment on that and start a dispute on backing up vs stealing.

Re: French Court Rules in Favor of Mod Chip Maker

This is just a nail in the coffin for the distribution model of data based on the distribution model of material goods. They are fundamentally different things, and you can't treat them the same way.

What companies need to start figuring out is how to make money on a product you give away. Subscription works in some cases, advertising/subsidy in others, however I doubt that those are the only working models, and we ought to explore the concept further.

Re: French Court Rules in Favor of Mod Chip Maker

This dose nothing to the distribution model, even they know sale it cheaper you sale more of it works better than monopolizing every aspect of it and then some to try and turn a profit.


For gaming the problem lies in development and mis management, half of all potential profit is lost  to these two things due to idiot suits and development direction......


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.

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PHX Corphttp://kotaku.com/halo-mcc-esports-event-canceled-because-the-game-would-1700543158 Halo: MCC eSports Event Canceled Because The Game Wouldn't Work04/27/2015 - 10:15pm
Matthew Wilson@AE I know I was just stating where I stand on issues like that in general04/27/2015 - 8:12pm
Andrew EisenWho, Colin Cowherd? No one's suggesting he should be forced out. Or that he should commentate on video games.04/27/2015 - 8:10pm
Matthew Wilson@AE I do not think he should be forced ou though. he has his right to his opinion and shouldnt be forced out because people disagree with it.04/27/2015 - 8:07pm
ZippyDSMleeJim suggjested a pay what you want setup like humble bundel.04/27/2015 - 7:49pm
MontePerhaps they should just add a donation system for creators like the monthly pateron model. Only those who regularly make quality content can get compensated while those who would abuse the system are ignored04/27/2015 - 7:46pm
MontePaid mods is not a bad idea; i mean its only fair that makers be compensated and even better if they can do it full time. UNfortunatly there is too much that can go wrong and room for abuse04/27/2015 - 7:44pm
Andrew EisenYeah, working on that story now. Or rather, I'm working on finding time to write up that story.04/27/2015 - 7:40pm
Matthew Wilsonhttps://www.youtube.com/watch?v=Dll8eMJnTEE this crap is why sports fans and gamers dont get along. for love of god did I get sent back to 1995.04/27/2015 - 7:37pm
Matthew WilsonI do not think it will be the last time we see this. btw I am ok with paid mods.04/27/2015 - 7:10pm
ZippyDSMleehttp://www.pcgamer.com/valve-has-removed-paid-mods-functionality-from-steam-workshop/ 0_o04/27/2015 - 6:37pm
ZippyDSMleeMatthew Wilson:Humor and sarcasm sir.04/27/2015 - 6:36pm
Matthew Wilson@zippy there is no way they are going to merge with capcom becouse both companies are not in good shape. sony, Nintendo, and square are the only companies with enough money to pull it off in japan.04/27/2015 - 4:27pm
ZippyDSMleeCutesy name for motherboard. My 300$ mobo fried itself one night...04/27/2015 - 4:23pm
Andrew EisenNo problem. No idea what a mobo is but it's easy to overlook stuff in the Shout box.04/27/2015 - 4:18pm
ZippyDSMleeAndrew Eisen:Ah sorry, last 2-4 days I been dealing with a dead mobo then my new laptop came in trying to get it up to date and stuff transferred over....blag04/27/2015 - 4:16pm
Andrew EisenAlready linked about 10 shouts ago.04/27/2015 - 4:00pm
ZippyDSMleehttp://www.polygon.com/2015/4/27/8503893/konami-delists-itself-from-new-york-stock-exchange This just in Konami and Capcom merge so they can ignore more IP's.04/27/2015 - 3:50pm
E. Zachary KnightNot really. I think people are overly critical of other game projects. Delays should be expected and shouldn't be considered a major failing and worthy of the crap they get.04/27/2015 - 3:09pm
Matthew WilsonI agree that Double Fine gets off way too easy compared to others.04/27/2015 - 2:40pm
 

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