Chalk up another win for Nintendo Down Under.
An Australian Federal Court has ordered RSJ IT Solutions, operators of the website GadgetGear, to stop selling R4 mod chips and to pay Nintendo $520,000 AU in damages reports Australia’s ITNews. The chips are meant to be used with Nintendo’s DS handheld and allow users to transfer files or games to the machine, bypassing protection built into the DS.
Two affiliated respondents, Patrick Li and James Li, were also charged in the original claim by Nintendo and were ordered to pay the Japanese game maker $100,000 AU. The pair was also ordered to file an affidavit in which they will name suppliers that they purchased R4 chips from.
This ruling follows Nintendo’s settlement with an Australian man earlier this month over a leaked copy of Super Mario Bros.Wii. As a result of the settlement, James Burt will reportedly pay Nintendo $1.5 million AU in addition to paying for Nintendo’s court fess in the case.
Thanks Ryan!
Comments
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Let me break it down. When it comes to the video game industry Australian courts hate two things above all others; region locking and piracy.
If a device on the market can be used for both piracy and region lock circumvention and the retailer has taken appropriate measures (anti-piracy warnings, no links to pirated games or sites that host pirated games/torrent files to download pirated games) then the court will side with the retailer as circumventing region locks is protected under the parallel import act.
When it comes to the DS however region locking is a non-issue as all DS consoles will play games from all regions, so piracy is obviously the only use for the card. Homebrew isn't really a concern as even if that was the intent of most R4 purchasers (and we all know it's not) the patents for the hardware are still owned by Nintendo and technically they can do what they want, just like Microsoft and Datel.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
This confuses me greatly because, at least in my mind, it sounds like similar to all the cases of torrent websites.
The product itself shouldn't be classed as breaking copyright infringement but the way it's used can be. Just because things such as the R4 or the AceKard can be used to play pirated games doesn't mean the corporation who makes them condone such usage of them. There's plenty of legal homebrew made for these things that couldn't possibly be breaking copyright infringement, could it? Unless Nintendo have some clause which means only they can decide who makes such cartridges (and I don't see Nintendo willingly making these things themselves).
To explain the torrent example, BitTorrent websites that only search torrents (such as IsoHunt) have been under the radar for years, I believe IsoHunt closed down at some stage because of it, yet torrents themselves aren't illegal, nor is searching for them. What is illegal is torrent trackers which allow you to upload anything and don't care if what you're hosting is illegal or not, and of course, downloading copyrighted material (from something that hasn't got the rights to host said content).
Of course, I'm no lawyer so I find it no surprise this confuses me, :P
-- Randi Tastix
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Randi Tastix - http://randomtastic.com
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Remember drone, only use our products in the manner that we intended you to use them and whichever way earns us the most money, and promptly switch to our newest revisions and re-buy everything from us again re-released or else we'll crush you with the judges we bought.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Well, Nintendo sure just hate Australia right now. Two suits there in a month. They still have chance for a third one. They should be taking down real pirates, not just a few silly nerds.
They should make a crackdown in Tepito Market, Mexico. But they will need a SWAT team and some tanks.
------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Errr...unless he was selligng ames with it how dose selling a paneted un infirngieing device warrent him paying nintendo anything?
Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
It's Australia. Au-Stra-Lia! Silly you...
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Congratulations, you just made less sense than Zippy.
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I LIKE the fence. I get 2 groups to laugh at then.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
I have read for a very long time on this blog. I know both you and Zippy by reputation. But you can't even begin to pretend you did not see the joke of the text. I mean, read it aloud, even in a neutral tone, it WILL sound goofy. But if I must, here's the explanation:
Since we are talking about an absurd ruling, I as a fictive character, justify it by saying it's from Australia, the land of arbitrary/crazy rulings and as such is absolutly normal. Mayhaps I should have added a "Duhhhh" at the end of my entry to make it that much more obvious? Or the ever so popular </sarcasm> tag?
Now can we please go back to the topic that we are losing increasingly more rights to do with our objects as we please, the world over? Yes? Thank you.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
"it's from Australia, the land of arbitrary/crazy rulings"
That only works if Australia had the monopoly on arbitrary/crazy rulings, but they don't. (Incidently, aren't most rulings arbitrary, on account of them coming from a Judge (another word for judge sometimes is arbiter after all.)
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I LIKE the fence. I get 2 groups to laugh at then.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Both points taken, but by arbitrary I meant not based on fact and you have to admit the Australia ratio vs other countries at this precise point in time looks bad.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
You're confusing government decisions (Atkinsons specifically,but not exclusively) with rulings by judges.
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I LIKE the fence. I get 2 groups to laugh at then.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Musn't a judge usually base his ruling on previous jurisprudence or laws rather than his opinion? Or does it work differently there? If that's the case, I'll add that to what I think is wrong in the australian's system.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
DorthLous
Carefull mate you are arugeing with this regoins better troll, and its a bitter!!!
/crokhunter
Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Well, thanks for the warning, but I feel he's being quite civil here and actually did bring good points ;)
Also, croc hunter, we'll miss you, the world over.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Meh me DS and JD are ok for trolls arent we? :P
Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/
I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Sometimes I wonder... *sweatdrop*
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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
lol, the R4. The CycloDS Evolution is the future I tells ya!
Also, guy distributes illegal copy of game for non-profit: Fine 1.5 million.
Company distributes system to play as many illegal games as you like, for PROFIT: Fine 500k.
Disproportionate much?
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I LIKE the fence. I get 2 groups to laugh at then.
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
"lol, the R4. The CycloDS Evolution is the future I tells ya!"
Yeah untill nintendo unleashes a fury of lawsuits against CycloDS.
http://www.magicinkgaming.com/
Re: Australian R4 Reseller Ordered to Pay Fine to Nintendo
Couldn't care less because A) They only go after distributers it seems, not manufacturers and B)I ordered mine on wednesday.
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I LIKE the fence. I get 2 groups to laugh at then.