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Nintendo wins a key case against a 3DS modchip seller
Nintendo is no stranger to cracking down on companies that sell tools enabling pirated games on its consoles. However, its latest victory might be more important than most. The company has won a copyright case in Canada that accused Go Cyber Shopping (GCS) and its founder, Jeramie King, of illegally selling 3DS flashcarts, modchips and other piracy-oriented tools. While Nintendo would likely be happy enough with that triumph, it notes that this is the first case "of its kind" to test the Canadian Copyright Act's anti-circumvention measures -- think of it as a rough parallel to aspects of the Digital Millennium Copyright Act in the US.
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.
Nintendo can remotely brick your 3DS after flash card use?
Bad news for those that plan on using a flash card with their 3DS -- if Nintendo detects that you've been dabbing with one, the company might send a firmware update that could possibly brick your system. According to GoNintendo, Japanese retailer Enterking posted a warning message on their site, suggesting that your system might be unbootable after a software update if Nintendo detects you've been using an R4. Enterking is not buying used 3DSs that have a history of using an illegal cartridge -- a transparent indication that it's not taking any chances here. We can't know for sure if Nintendo will dish out said update or how Enterking might tell -- however, Nintendo did issue this statement to Eurogamer in response to their story on the topic: "We do not discuss product security details (for obvious reasons), nor can we discuss the details of countermeasures available in the Nintendo 3DS system. Nintendo 3DS has the most up-to-date technology. The security has been designed to protect both the creative works in the software and to protect the Nintendo 3DS hardware system itself. Nintendo, like most companies, takes a palpable stance against piracy. We recommend that those fortunate enough to own a 3DS stay away from the flash cards altogether, just in case. Update: Flash cards aren't illegal to use per se -- homebrew, anyone? -- although certain countries have banned them from import and sale, and their widespread use for illegal activity makes them a dubious proposition quite often.
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.
Nintendo files lawsuit against NY seller of 'illegal video game copiers'
Nintendo has fired yet another volley in its war on video game piracy, this time against a Queens, New York-based seller of "illegal video game copiers." Nintendo has filed suit against the owner of NXPGAME, which presided over a website that sold "illegal video game copiers that enable the user to download, play and distribute illegal copies of Nintendo DS and Nintendo DSi video game software." Nintendo alleges that the owner agreed to shut down the website after several calls and letters from Nintendo legal counsel, but proceeded to open another website selling the same products. Nintendo adds that the old site also redirected users to the new one. Nintendo doesn't specify exactly what the "Illegal game copiers" in question are, though it does mention a 2009 court case in which the California Central District Court judged the infamous R4 flash cart to be in violation of the Digital Millennium Copyright Act and deemed them illegal in the United States. According to Nintendo, such devices "circumvent the technological protection measures" of the DS and DSi and thus infringe on the company's intellectual property rights. Jodi Daugherty, senior director of Nintendo's anti-piracy effort, noted that using such devices "is illegal and it's wrong," adding, "Piracy is especially harmful to smaller developers." Alex Neuse, CEO of Gaijin Games (Bit.Trip Runner) states in the press release that he estimates that "more than 70 percent" of his company's games have been obtained illegally. "Put simply," said Neuse, "if you enjoy a company's games, paying for them helps to ensure that they will continue to make products you'll like." The news follows a recent win for Nintendo in a similar Australian court case this past February. That case saw offenders pay in excess of $500,000. In the same month, Nintendo won another case against a man that leaked New Super Mario Bros. Wii onto the internet, ending in a fine of $1.5 million. Once again, would-be pirates, Nintendo is serious about this.
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.
Nintendo appealing French flash cart ruling
A Paris criminal court recently ruled in favor of Divineo, a company that sells DS flash carts. In a statement, Nintendo said that it was "extremely disappointed with the decision by Paris Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices," and that the company "welcomes the prosecutor's decision to appeal the judgment. As a victim Nintendo will join his appeal." In the statement, Nintendo noted that Divineo still owes the company damages from a ruling made in Nintendo's favor in Hong Kong last year. Last month, a Spanish criminal case was dismissed against a company selling DS flash carts, with the judge in that case ruling that the carts are not illegal since they can be used for many non-infringing purposes.
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]
Nintendo convinces eBay and Amazon to ban DS flashcarts
Nintendo has announced that it has reached an agreement with Amazon and eBay through which the shopping sites will prohibit the sale of the R4 and other DS flashcarts. "Nintendo is pleased with the co-operation it has received from both eBay and Amazon to prevent the sales of game copying devices," Nintendo's global head of anti-piracy, Jodie Daughtery told MCV. eBay has actually pulled auctions for copying devices for years (presumably as an "item encouraging illegal activity), so if there is a policy update, it involves even more vigilant policing of auctions.Amazon UK games director Chris Poad told MCV that Amazon has a "notice and take down" process for its third-party Marketplace. "So where a third party believes that their IP has been infringed, they can highlight it and we can take it down. This is what happened in the case of the R4."Now Nintendo just has the rest of the Internet to deal with in its efforts to curtail DS piracy (and, as an extremely unfortunate side effect, homebrew).
Ask Joystiq Nintendo: All DS Edition
In this week's Ask Joystiq Nintendo, in anticipation of the North American DSi launch (and also because we got a bunch of DS questions) we address some of the most worrisome issues related to the DS! Most notably the nagging issue of the DSi's regional limitations, but we also discuss flashcart compatibility and the ever-present threat of fake cartridges from eBay. Do you have a question about the Wii, DS, or anything else related to Nintendo? Send us an email at asknintendo AT joystiq DOT com!
Bob's Saga rumbles on
We've been following the Bob's Game drama for a while now, and it's just taken another weird/potentially controversial turn. After sealing himself in his bedroom (see: above) in a bid to obtain a development kit from Nintendo, Bob's Game creator Robert Pelloni recently threatened to release his "masterpiece" on a DSi-compatible flash cart, thus "significantly cut[ting] into Nintendo's bottom line."Now, in a selectbutton forum thread, Pelloni claims that a Chinese firm has approached him and offered to release Bob's Game on a flash cart, and says that a distribution deal with Wal-Mart could be on the cards.Pelloni argues that such a move means both parties win: he gets his game onto store shelves, while the mysterious Chinese company has a legitimate reason to sell a flash cart in a major retailer. We would argue that his actions are quickly severing any potential future ties that could exist between himself and Nintendo.We also advise giving the thread in question a quick read, if only for the part where Pelloni indirectly compares himself to Shigeru Miyamoto.%Gallery-39978%[Via Siliconera]
Japanese police bag themselves another pirate [update]
It looks like one prominent Japanese pirate may have emitted his last yarr. Police in Shikoku slapped the cuffs on a 57-year-old man who made a not-so-cool ¥1m ($10,700) from selling CycloDS and Edge flashcarts with micro SD cards and information on where to obtain copied game data. He was eventually arrested after selling a CD-ROM with a copy of Super Mario World and an illegally downloaded copy of Pokémon Platinum.The Association of Copyright for Computer Software (ACCS) led an investigation on the case, and revealed that the culprit had many happy customers; comments such as "My children are happily playing away" appeared on his Yahoo! Auctions feedback page.Two things that stand out about this story: the sizeable wad of cash this guy managed to generate before being caught, and his apparently respectable position in society -- according to the ACCS, he runs (ran) a cram school. We're guessing neither activity will feature heavily in his immediate future.Update: Added further clarification.
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]
Square Enix speaks out on Chrono Trigger piracy
Square Enix has reacted to the rampant piracy of Chrono Trigger DS by declaring itself to be "vigorously against" the illegal distribution of games, and warning that it expects a sharp drop in Chrono Trigger sales as a result. As we reported yesterday, the eagerly anticipated RPG shipped with a whole series of piracy checks, only for hackers to break those within hours of the game being dumped online for download. It's difficult not to feel sorry for Square Enix, and equally hard to see practical solutions.In slightly happier news (well, for the fans, anyway), the (Japan-based) Chrono Trigger fan club is giving away copies of the game's soundtrack (as seen above) to 3,000 customers who actually buy the game -- two of which will be autographed by composer Yasunori Mitsuda. See: it pays not to yarr.Source: Square responds to piracy [via Go Nintendo]Source: Chrono Trigger soundtrack%Gallery-27682%
Chrono Trigger piracy checks already beaten
After its novel attempts to prevent illegal distribution of Final Fantasy Crystal Chronicles: Ring of Fates, Square Enix has packed numerous piracy checks into Chrono Trigger DS. Sadly (and predictably), hackers have already found a fix to the problem, if this huge thread on the GBAtemp forums is to be believed.When the ROM of Chrono Trigger was first dumped online earlier this week, naughty flashcart users discovered that it was impossible to progress past certain points in the title. Never-ending time travel (near the start of the game) and the inability to open the Cathedral doors after recruiting Frog were just two of the problems encountered by pirates.Typically, however, it has taken hackers mere hours to find a workaround for the copyright protection -- further evidence that developers and publishers, regardless of size, face an uphill battle against those who yarr.%Gallery-27682%[Thanks, RupeeClock!]
DSi rejects current homebrew flashcarts
Another reason to keep your current DS if you want a DSi: word is that ten homebrew slot-1 carts have been tested by a member of the Chinese gaming community Hacken.cc on the DSi, and all ten failed. Looks like DSi owners who want to dangle their toes in the homebrew community may be back to the more complicated solutions of old, at least for a while, and it will be some time before we even see FlashMe or other workarounds. The following carts were tested: R4DS EZ Flash V CycloDS G6 DS Real M3 DS Real Supercard DS One iTouch DS FCard NCard M3 DS Simply U2DS The DSi's official release is tomorrow, so we're crossing our fingers and hoping that, as soon as the system is more widely available, we'll start to see people working toward opening up the new handheld. As for today, we're saddened, but not wholly surprised.[Thanks to everyone who sent this in!]
UK retailer pulls R4 after ELSPA threats
It looks like the tide is finally turning against the R4 flash cart in the UK. After yesterday's statement from the ELSPA on the matter, Brit retailer SimplyGames.com has decided to drop the R4 from its range entirely."Since launching them we have reflected on the overall impact R4 cards will have on long-term software sales and I have talked openly to senior people at Nintendo UK about the situation," explained SimplyGames' Neil Muspratt, who we're guessing may have received a grouchy phone call from Nintendo. "We have concluded that they are not at all healthy for software sales."Muspratt then urged Amazon to follow SimplyGames' example. As we write this, the R4 listing on Amazon's UK site notes that "we don't know when or if this item will be back in stock," though no official statement has been released by the site. As for all you UK-based homebrewers out there, just be thankful there are plenty of alternatives out there.
ELSPA wants pirates stranded without R4
Otherwise known as the Entertainment & Leisure Software Publishers Association (an organization working within the British games industry), the ELSPA isn't happy about the abundance of R4 flash carts in the hands of DS owners. Nor is it happy about the availability of these little devices, which -- homebrew applications aside -- people are using to play pirated DS ROMS. If you want an R4, it's easy to buy one from Amazon, eBay, or a wealth of independent online retailers.According to the ELSPA, "The supply of these items is an infringement and an offence under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994." So, how did they get onto shelves in the first place? Clearly the yawn-inducing law behind it all is more complex than simply "they are illegal," otherwise the shops wouldn't still be selling them. Which they are.Long story short, it's a mess of regulations and red tape, and we've heard it all before. It's hardly a crystal-clear situation where legal teams "will take action where and when appropriate." If a blanket ban of selling flash carts suddenly falls over England, and police start breaking down doors of R4 traders, we'll let you know. Until then, get out there and buy some good games, and use any external device responsibly.
Nintendo delays Daigasso! Band Brothers bootlegging
In a likely accidental move similar to Square Enix's FFCC "Moogle of Death" screen, Nintendo has temporarily stalled pirates from completely enjoying Daigasso! Band Brothers DX. Not long after the rhythm game shipped out in Japan, crooked gamers around the world downloaded the ROM only to find that it didn't work as expected. According to initial reports, because Band Brothers DX uses a 1mb save instead of traditional 512kb saves, the ROM refuses to load on many flashcarts. Of course, determined delinquents have already found a workaround, and some flashcarts will load the ROM successfully without any required hacking, but pirates are also finding themselves unable to access the 200 downloadable songs available through the Nintendo Wi-Fi Connection.Seeing as the game comes with only 30 tracks installed, the online songs are a huge draw for people playing Band Brothers DX! Though we expect hackers and flashcart manufacturers to fully "patch" the ROM in a few days, if not in a few hours, it's nice to hear that there are still a few things out there capable of temporarily flummoxing the DS piracy scene.%Gallery-24427%
