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Nintendo loses DS flash cart case in French court

Joshua Topolsky
December 4, 2009
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According to a post on Maxconsole, a court in Paris has just dismissed a lawsuit filed by Nintendo over the use of flash carts on the DS. Apparently, the gamemaker was attempting to halt the use of the cartridges due to their ability to circumvent copy protection and allow for pirating of software, but a judge in France took a decidedly different view. As the carts are often used for homebrew and DIY projects, the court holds that owners of the console should be able to develop software much as a license holder of Windows might. Furthermore, the article claims that the court also deemed Nintendo's strict control of development "illegal" (Maxconsole's words), and said that development of software for the system shouldn't be hamstrung by the need for proprietary kits. This ruling follows a recent Spanish case in which the court dismissed Nintendo's lawsuit over flash carts claiming that while the add-ons do violate DRM, they also legitimately extend the functionality of the console.

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