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Nintendo continues piracy fight with lawsuit against hacked goods retailer
Nintendo has filed a lawsuit against HackYourConsole.com, a site that offers DS and 3DS flashcarts, devices that allow owners to play pirated games on their systems. Nintendo's press release to the media stated that the site "has developed a global business focused on selling unauthorized copies of Nintendo games and game-copying devices (such as the R4 device) used to circumvent the technological protection measures contained in the Nintendo DS family of hand-held systems." One of the products offered on the site is a portable hard drive that's pre-loaded with 200 Wii games. Which, you know, is probably super-illegal. "The website operator, for a fee, also provides services to hack and modify the Wii console and allow the play of illegal software," Nintendo added.
French court reverses DS flash cart ruling, Nintendo smiles
Nearly two years ago, a French court dismissed a lawsuit that Nintendo filed against a group of vendors accused of illegally selling DS flash carts. At the time, the game-maker argued that sales of the cartridges should be halted on the grounds that they could be used to illegally pirate software, but the presiding judge thought differently, countering that the R4-like devices could be used to develop homebrews or other DIY projects. Last week, however, the Paris Court of Appeals overturned the ruling, in a decision that Nintendo has met with understandable delight. In a statement released today, the company confirmed that Divineo SARL and five other flash cart retailers must pay a total of €460,000 in criminal fines, along with €4.8 million in damages to Nintendo, as ordered by the appeals court. Details behind the ruling remain vague, though Nintendo hailed it as a "strong message to French companies... that such activities are illegal and will not be tolerated," and that convicted vendors will "risk prison terms, face substantial fines and obligations to pay damages." Sail past the break to read Nintendo's statement, in full.
Flashboy Plus breathes life into Virtual Boy (yes, you red that right)
We apologize that we can't deliver this post to you in glorious red monochrome 3D. Unfortunately, that technology hasn't been invented yet and hopefully never will be. So here in boring old 2D, we bring you news that Nintendo's unloved offspring, the Virtual Boy, is back. Well, sorta. It's back in the sense that someone has actually made a new flash cart that allows for homebrew devs to make games for it. (Or -- and this is never going to happen -- unscrupulous individuals to play pirated ROMS on it.) That "someone" is Richard Hutchinson and the something he's built is the Flashboy Plus. Hutchinson introduced the original Flashboy back in 2007; the Plus model, costing $130 and already sold out until late this year, can store one game and has battery backup for a single save slot. (Swap games and that save state gets wiped, too.) We know it's a long shot, but perhaps this device will lead to fan ports of 3DS games to the superior Virtual Boy. Mark our words: Glasses-free 3D is a fad; nothing is more immersive than pressing your face into a sweaty eye hood for hours at a time.
Flashboy Plus revives Nintendo's Virtual Boy, literally one game at a time
When a beloved console like the Sega Dreamcast rises from the ashes it's not a huge surprise, but we never thought we'd see the day when the homebrew community would unearth Nintendo's Virtual Boy. Behold: the Flashboy Plus, the second of two flash carts developed specifically to spur development for Nintendo's original stereoscopic system, featuring a new backup battery (unlike the 2007 original) and a full 16Mbit of memory, reportedly enough to fit any one of the system's 22 commercially released games. Since the battery only keeps one save state stored at a time and there's no way to read the battery-backed memory, you'll still have to finish one game before you start another, but at least this way you don't lose your progress every time you shut the system off. Believe it or not, the first batch of 50 units has already been spoken for, but you haven't necessarily missed out yet; €90 (about $113) is your ticket to an elite (read: tiny) virtual utopia of piracy and homebrew when the second set ships at year's end.
Neo SNES / SFC Myth Flash cart brings emulation magic to your aged console
Oh, sure -- the Wii's Virtual Console may put you in direct contact with some of the best titles from yesteryear, but for the purists in attendance, it just feels like cheating. If you've been hanging onto that Super Nintendo (or Super Famicom, as it were) and you've recently been dealing with the emulation itch, Neoflash just might have the remedy. The Neo SNES / SFC Myth cart is pretty much the most magical cart you could ever slap into your classic console, offering up ROM support for "99.5 percent" of SNES games. Better still, titles can be offloaded from your PC and onto the cart via USB, making the entire transfer process a cinch. Of course, the $169 price tag will likely offend all but the most dedicated of retro gamers, but hey, at least you'll be staying true to those "roots" you value so highly.
Neo Myth flash cart for N64 puts your ROMS where they belong (video)
N64 emulators are equal parts fun and frustrating: it's great having access to all those ROMs, but wouldn't you rather play 'em on the actual console? The Neo N64 Myth is a flash cart for your Nintendo 64 that lets you transfer games from your PC to a cart via USB. This bad boy features support for ROMs up to 512MB, all save types (it will even let you back up the saves on your PC), up to two games at the same time, and more. Sure, at $200 some might say that you're probably better off just buying the carts you want off eBay -- but they're either not as hardcore as you or as well-heeled as you. Hit the source link to see for yourself, but not before checking out the review posted to the DCEmu.uk forums: they put the thing through its paces, and they find that it holds up pretty, pretty well. Video after the break.
Spanish judge throws out criminal case against DS flash cart seller
[Image Credit] Judge D. Gregorio Alvarez Alvarez of Salamanca, Spain, dismissed a complaint brought by Nintendo against Grupo Movilquick, which sells the DSTT flash cart in Spain. The judge ruled that though the device does circumvent Nintendo's DRM, and can be used for piracy, it can also be used to extend the functionality of the DS in other, legal ways -- such as, according to Google's translation of the judge's statement, "backing up original games or other various functions such as managing photos, music or performance of (free software)." The judge notes that Nintendo might still have grounds for a civil lawsuit if it can be proven that the DSTT infringes on a Nintendo industrial design patent. But his ruling is a far cry from the usual "flash carts are piracy machines" rhetoric that (understandably) angry companies like Nintendo perpetuate. [Via GamePolitics]
DSi Facebook update available in Europe, also blocks homebrew
The good news: DSi firmware 1.4 is now available in Europe, bringing the Facebook photo uploading capability along with it, according to an announcement by Nintendo. If you want to snap pics from your DSi and upload them to Facebook (after altering them with the DSi's image manipulation stuff, if you like), awesome!The bad news: DSi firmware 1.4 blocks flash carts. If you've been using an Acekard2i or a DSTTi to run homebrew on your DSi, you should probably not download it. If, on the other hand, you've been using a DSi flash cart to play retail games, we encourage you to update immediately. Gotta have Facebook, right?
DS flash carts a form of 'information terrorism,' says Japanese trade group
Japan's Association of Copyright for Computer Software president Yutaka Kubota expressed to Famitsu grave concerns about the proliferation and use of Nintendo DS flash cart devices, such as the R4DS. Referring to the volume of illegally downloaded DS software, Kubota remarked, "It's not a matter of numbers anymore," adding, "The fact is that you can download any Nintendo DS game as much as you want, so there's no way to even calculate the damage. This is an issue that affects our national interests, and personally, I see it as a form of information terrorism that is crushing Japan's industry."In the interview translated by 1UP, Kubota called on the magazine's readers to stand firm against piracy, saying, "I want them to be aware that unless we do something, nobody will be able to make the games they love to play. Not only will gamers wanting to play new games not be able to play anything, but people who want to join the game industry in the future will have their dreams trampled upon."Japan's laws do not currently forbid the purchase of devices like the R4, nor the downloading of commercial software for use with them. A new copyright bill under review would make it illegal to download copyrighted media, but doesn't expressly give authorities the right to arrest offenders.
Japan court bans sale of DS homebrew-enabling R4 flash carts
The Tokyo District Court placed an injunction on the Chinese cart manufacturers who make the R4 today, making it illegal to sell the cartridge in Japan. It has already disappeared from shops and Nintendo, Capcom, and Square Enix have all come forward with their support. These companies haven't ceased their efforts yet, however, as they've vowed to continue pursuing those responsible for similar devices.R4 carts, along with other flash carts, allow users to run homebrew (and pirated) material on their DS or DS Lite (no dice on the upcoming DSi, folks). If this is all still over your head, then check out our guide to homebrew on the DS right here.[Via Eurogamer]%Gallery-22811%
UK authorities bust DS 'flash cart' seller
Gamasutra reports that British police have raided a retailer in Cardiff, Wales, seizing 1,800 "flash carts" for Nintendo DS. The article doesn't mention if the devices were R4DS cards or clones, but does say that the 21-year-old man taken into custody during the raid had been selling them for two years – an act deemed illegal by the UK's Trademarks and Copyright Acts.Police also confiscated sales receipts for the past two years; the report doesn't indicate whether or not they intend to pursue those who purchased devices from the retailer. An additional 1,000 carts were found at the arrested man's home, "along with hundreds of products packed and ready for mailing.""The industry loses vital income and with it proper job security for its employees in the country, while the British public lose out because many circumvention devices actually damage irreparably DS Lite handheld consoles," according to a statement by Michal Rawlinson, Entertainment and Leisure Publishers Association (ELSPA) managing director. ELSPA indicated a desire to pursue sellers of R4DS and similar devices earlier this year.
Nintendo DSi gets its first flash cart, courtesy of Acekard
Good news, future DSi owners -- it looks like all your homebrew dreams have just moved one step closer to reality. The Acekard 2i is the newest version of the popular flash cart, just the thing for storing save files, using Action Replay codes, and running backups and homebrews. So don't fret, kids -- by the time the handheld becomes available Stateside, you'll be able to make music, take pictures and tweet to your heart's content. Why else would you purchase a game system? Just make sure you check out the video of the cart in action after the break.[Via DS Fanboy]
Acekard produces first DSi flash cart
Well, that was a scary month. Acekard Team has released a new version of their excellent flash cart that works on the Nintendo DSi. The Acekard 2i retains all the functionality of earlier flash carts, including the ability to run homebrew and backups, as well as store save files and use Action Replay codes. The new card is even compatible with earlier versions of the DS in addition to the DSi. After releasing a video of an early success, which seemed to work only in conjunction with some kind of hardware hacking, it's no surprise that Acekard Team is the first to reach this milestone. We have no idea how the 2i differs from previous flash carts -- it may be a new hardware revision or it may even be custom firmware! The point is that it works, at least until Nintendo releases the eventual update for the DSi firmware.The Acekard 2i has yet to be stocked in any of the listed resellers, but that may be because it was just announced. Acekard Team promises that the new card "will come up in a very short time." You can see the Acekard 2i in action in this video, which does unfortunately include footage of swashbuckling-related activities.See also: DSi hacked already?%Gallery-33263%
Japanese retailers jack up the price of R4
We can't say we're surprised that they're asking for more money for the R4, in light of all of the recent developments. Business owners like money, so we can understand them taking advantage of what's going on. In Japan, these business owners have more than doubled the price of the flash cart over the span of only days.So, all we're saying is that if you don't have one and want one, you probably should see about getting one before they get more expensive. Why would you want one? Uh, have you not read our homebrew guide?[Via Go Nintendo]
Potential flash cart ban helps R4 sales
Chalk this one up to "we saw this coming," but the troubled waters that flash carts have found themselves in has led to an increase in R4 sales.Nintendo and fifty-three other companies are filing a suit against retailers selling flash carts, demanding that they stop the sales and imports of said cards. According to Kotaku, Japanese retailers in Akihabara are noticing a difference in demand for flash cards already. Regarding the R4, one staffer noted, "The rush in demand has been amazing. These devices always sell well. But this weekend should be staggering, don't you think?" Amazon.jp has also seen a rise in cart sales, which is to be expected.We're sure Nintendo foresaw the immediate panic following the company's announcement, and that's the risk they decided to take -- watching things get worse before they get better. If Nintendo and the others win the suit, though, it will likely be worth their while in the end.[Thanks, supa_s!]
Nintendo and others file suit against flash cart sellers
Nintendo is finally taking aggressive action against piracy, as the company is suing five Japanese firms over flash cart equipment. The Big N is just one of many plaintiffs in the case, though, with fifty-three others joining in to aid the fight -- just a few companies that you may have heard of, like, oh, Square Enix, Sega, Level-5, Hudson, Pokemon, Capcom, Namco Bandai, SNK Playmore, Koei, and so forth.While details are scarce, we can imagine a lot of popular carts (like the R4), if not all carts, will be affected. Should Nintendo and friends win the suit, selling and importing such carts will be illegal, meaning that people would have to resort to the black market to get their hands on one.We understand why Nintendo and other companies would want to fight the good fight against piracy, but we can't help but fret over the impact on our precious homebrew hobby. At any rate, we'll give you more information as this case unfolds. [Via Joystiq; Thanks, Kimiko!]
Nintendo files lawsuit to curb DS piracy
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.
Retailers hoping for R4 ban in UK
Retailers in the UK are losing sleep over DS flash carts, and that's turning them into big old grumps. As you probably know, flash carts not only offer interesting homebrew opportunities, but they also provide owners with the means to pirate games. Piracy has been cutting into DS software sales, and retailers? They're not very happy.The cart under attack is, of course, the R4DS -- it is the most mainstream one, after all. Retailers don't want R4s to be sold anymore, and are calling for a UK ban on the product. SimplyGames.com has already pulled the flash card from its site after a "conversation with Nintendo." (As far as we can tell, the site isn't selling alternative carts, either.)We know what you're thinking -- the R4 isn't the only piracy option out there. Yet, it's likely that other flash cards will find themselves on the chopping block, too. A nationwide ban on the R4 and others probably won't happen, though, and even if it does, many will just turn to imports.Being the good souls that we are, we're assuming that most of you aren't pirates and can sympathize with suffering retailers. Still, do you think that warrants a ban on flash carts?
DSVision's virtual store lacks virtual goods
According to Spencer over at Siliconera, the DSVision store isn't all it's cracked up to be. The launch of the service has left him wanting, considering there are only 30 items available in the online store, with users expecting much, much more from the launch of the service. He does admit that the pricing is favorable, however. Episodes of television shows are only $2, with digital manga fetching $3 per chapter. The books on available on the service range from free for a trial to $6 for a 1,000-page novel. Did any of you bother to import it?
Here's a vision of DSVision
Even though we have our own flash carts, we can't help but covet DSVision. We'd like to see for ourselves how an official cart compares to our own -- not to mention, this demo video makes the service look pretty rad. While it doesn't seem like there's too much downloadable content on the official website yet, we like that all different kinds of media (anime, manga, movies, novels) are readily available in one place. Unfortunately, most of us who don't live in Japan have to adopt a "look but don't touch" policy if we want to do the nifty official things shown in the video, as we lack something vital for buying content -- a Japanese credit card. We're used to not having as many cool toys as our friends in the East, though, so we'll just suck it up as per usual.
