Nintendo has filed a lawsuit in Japan against five retailers for "importing and selling equipment that enables illegal game programs to be played on [the Nintendo DS]" -- presumably flash carts such as R4. According to Reuters, Nintendo is joined by 54 other Japanese developers.
While the lawsuit is intended to thwart piracy, an unfortunate side effect is a hit to the homebrew community. If you were ever planning to pick up a flash cart for the DS, you might want to go ahead and grab one while you can.
Reader Comments (63)
Posted: Jul 29th 2008 10:22AM (Unverified) said
Colors is worth the price of a flash cart alone. I have spent dozens of hours with that piece of software.
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Posted: Jul 29th 2008 10:24AM (Unverified) said
it was about time the consumer treated Nintendonald's like a big fat Swiss cow as well.
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Posted: Jul 29th 2008 10:50AM Supermanisdead said
Why do you call it Nintendonalds? It doesn't even make sense.
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Posted: Jul 29th 2008 10:53AM Vegeta has a ps3 said
@Superstar
Because he thinks it makes him look witty comparing Nintendo to Mcdonalds.
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Because he thinks it makes him look witty comparing Nintendo to Mcdonalds.
Posted: Jul 29th 2008 11:34AM (Unverified) said
Yeah, but McDonald's "high quality" menu items still taste like shit.
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Posted: Jul 29th 2008 1:24PM Saria the Cat said
@Vidikron: I highly doubt he thought that deeply about it before he coined it, though.
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Posted: Jul 29th 2008 5:36PM (Unverified) said
@ baby sea tuna
I was crying from laughter for 5 minutes. Thank you.
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I was crying from laughter for 5 minutes. Thank you.
Posted: Jul 29th 2008 10:26AM (Unverified) said
Hoho! Things are deffinetly about to get interesting now between N and the Flashcard makers.
On a side note, didn't the R4 factories close down quite a while ago anyway?
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On a side note, didn't the R4 factories close down quite a while ago anyway?
Posted: Jul 29th 2008 1:01PM (Unverified) said
They did, that's why they are going against the retailers, as stated on the article right above the comment section...
"Nintendo has filed a lawsuit in Japan against five retailers"
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"Nintendo has filed a lawsuit in Japan against five retailers"
Posted: Jul 29th 2008 1:09PM (Unverified) said
Yeah, the R4 factory got shut down but they found another one. Doesn't matter since the R4 is kinda old, and the DSTT is far better.
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Posted: Jul 29th 2008 1:32PM (Unverified) said
Are you joking? Review after countless review proves that the DSTT is terrible. Slow, clunky, and bad. The R4/M3DSSimply is amazing, and has much higher compatibility than the DSTT. Now if you want to get in to better cards, CycloDS is a tad better than R4, with the latest cards like the EDGE and SuperCard DS One v3 being far superior.
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Posted: Jul 29th 2008 1:35PM (Unverified) said
To further my point...
- 99.99% compatibility (Contra 4 fails to boot)
- No file browser
- No alphabetical sorting
- Saves don't have seperate folder
- Game list lags
- Doesn't support multiple skins
- GBA support isn't built into the OS
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- 99.99% compatibility (Contra 4 fails to boot)
- No file browser
- No alphabetical sorting
- Saves don't have seperate folder
- Game list lags
- Doesn't support multiple skins
- GBA support isn't built into the OS
Posted: Jul 29th 2008 1:25PM Saria the Cat said
"A NEW CHALLENGER IS APPROACHING"
CycloDS 4 Life!!!
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CycloDS 4 Life!!!
Posted: Jul 30th 2008 1:19AM LocalToast said
Yeah, sorry dude, but at this point, the CycloDS Evolution has the most (working) features, which are all awesome.
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Posted: Jul 29th 2008 10:32AM monkeyssuck said
I think just having one of these cartridges for homebrew is very worth it. There's always interesting stuff coming out from the homebrew community, and it also lets you try your hand at programming.
By the way, you guys forgot to plug the DS Fanboy's homebrew site so people can see which one is the best and order it. =D
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By the way, you guys forgot to plug the DS Fanboy's homebrew site so people can see which one is the best and order it. =D
Posted: Jul 29th 2008 10:35AM koehler83 said
This suit will fail. The R4 is not a copyright circumvention device. It merely runs unsigned code. There is a HUGE difference between the two. Running unsigned code on hardware you own is perfectly legal. The R4 manufacturers cannot be held accountable for the actions of the end user and any competent judge would rule in their favour.
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Posted: Jul 29th 2008 11:31AM (Unverified) said
Competency of this kind is passing rare these days.
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Posted: Jul 29th 2008 2:48PM (Unverified) said
The suit certainly *should* fail for exactly the reasons you mentioned, but like Ayrkain alluded to, I have very little faith that that would actually happen.
Although, it's not as if I actually knew a damn thing about the Japanese legal system anyway. (Something tells me Phoenix Wright probably isn't a very accurate representation ;) )
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Although, it's not as if I actually knew a damn thing about the Japanese legal system anyway. (Something tells me Phoenix Wright probably isn't a very accurate representation ;) )
Posted: Jul 29th 2008 10:41AM (Unverified) said
Sweet I ordered my R4 about 4 days ago! Considering I never really play my DS I figured it was pointless to buy games for it.
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Posted: Jul 29th 2008 10:52AM MC Double Def DP said
Did I hear you right? Did I hear you sayin' that you're gonna make a copy of a game without paying?
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Posted: Jul 29th 2008 3:52PM In A World said
"I never really play my DS I figured it was pointless to buy games for it"
Circular logic FTL. Did you ever stop to consider maybe the reason you don't play your DS is because you have no games for it? Way to go, Genius!
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Circular logic FTL. Did you ever stop to consider maybe the reason you don't play your DS is because you have no games for it? Way to go, Genius!
Posted: Jul 29th 2008 10:49AM Sarge said
Do they even have the legal right to shut them down? It's not as if the retailers are supplying the ROMs, and as stated, the card has legitimate uses in homebrew. There's some really cool stuff out there, without even dabbling in commercial games. And the cards are cheap enough that you can get your money's worth out of them just from homebrew purposes.
Not sure this'll go anywhere. I personally hope not. I have an R4 and an Acekard 2, and they're really fun to play around with, not to mention giving the DS multimedia capabilities through Moonshell.
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Not sure this'll go anywhere. I personally hope not. I have an R4 and an Acekard 2, and they're really fun to play around with, not to mention giving the DS multimedia capabilities through Moonshell.
Posted: Jul 29th 2008 11:01AM (Unverified) said
Must order mine soon and stop putting it off.
One one for the misses.
And one for the kids.
:(
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One one for the misses.
And one for the kids.
:(
Posted: Jul 29th 2008 11:05AM mykalson said
This is rather silly. Most of these flash cards are produced in China and distributed through Hong Kong, and will continue to be produced regardless of any lawsuit.
I can't imagine this lawsuit doing anything other than making it harder for them to be purchased at retail.
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I can't imagine this lawsuit doing anything other than making it harder for them to be purchased at retail.
Posted: Jul 29th 2008 11:17AM original fred said
STOP BEING SUCH DICKS NINTENDO I WANT DO BREW STUUUUUUFF
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Posted: Jul 29th 2008 11:37AM Sarge said
You own the games, so no. Granted, under legal technicalities, the backups you use must be dumped from your personal cartridges, but there's nothing morally wrong about that at all.
Just because something is illegal doesn't make it morally wrong. And the flipside is true as well, just because something is legal does not make it morally right.
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Just because something is illegal doesn't make it morally wrong. And the flipside is true as well, just because something is legal does not make it morally right.
Posted: Jul 29th 2008 9:15PM Deuce said
Actually, downloading any game ROM or ISO not in the public domain is piracy, whether you own an original or not. The whole "Fair Use" argument applies solely to backup copies made by the owner of the original, which are expressly not for distribution to any other party, nor to be used on more than one machine. There is no "24-hour rule," contrary to what some would have you believe.
The only copyrighted ROMs you could legally possess would be ones you made yourself... and since making them requires gray-market technology, it's an iffy prospect, at best.
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The only copyrighted ROMs you could legally possess would be ones you made yourself... and since making them requires gray-market technology, it's an iffy prospect, at best.
Posted: Jul 29th 2008 11:32AM (Unverified) said
Can the R4 do anything to change the button scheme for GBA games, like use Buttons "Y" and "B" instead of the default "A" and "B"? I tried to play Mario 3 last night, and it's too hard to run and jump.
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Posted: Jul 29th 2008 1:36PM (Unverified) said
It can run them if you have an EZ Flash 3-in-1. It has support for it.
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Posted: Jul 29th 2008 2:56PM (Unverified) said
Yea, seriously, do people *really* think that this is *only* done to thwart piracy? Nintendo's entire 3rd party business model is based around charging people for the privilege of making a game for Nintendo's system. If people are playing games that sidestepped that channel, then Nintendo isn't getting that money. So let's stop pretending that Nintendo actually agrees with our views that homebrew is better than piracy.
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Posted: Jul 29th 2008 12:08PM (Unverified) said
Dear Nintendo,
While I respect your need to protect your patients and products with this lawsuit, may I ask you this - why on earth do you charge so much for games that are only up to 128MB big? Please bare in mind that there is currently a global credit crunch and not everyone can afford to pay your "recommended retail prices".
May I suggest that you introduce a downloadable games option for the DS, that way there would be less cartridges being produced, saving money, a saving that you could pass on to loyal fans.
Just a thought
Reply
While I respect your need to protect your patients and products with this lawsuit, may I ask you this - why on earth do you charge so much for games that are only up to 128MB big? Please bare in mind that there is currently a global credit crunch and not everyone can afford to pay your "recommended retail prices".
May I suggest that you introduce a downloadable games option for the DS, that way there would be less cartridges being produced, saving money, a saving that you could pass on to loyal fans.
Just a thought
Posted: Jul 29th 2008 1:09PM (Unverified) said
Ummm...Nintendo makes a grip from each cartridge since it's their own proprietary format (like Sony memory sticks)...that's been their basic model since the NES days. You take that away, you take away 20-30% of their revenue or more.
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Posted: Jul 29th 2008 12:48PM (Unverified) said
Wow, pirates, how does it feel to be a fan of these companies, yet be disliked by them?
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