Game Publishers File Suit Over DS Cartridges

Game Publishers File Suit Over DS Cartridges

October 15, 2009

Capcom has joined Nintendo and 53 other game publishers in a lawsuit against the makers of the R4 flash cartridge for the Nintendo DS. The reason for the suit is that the R4 can be used to store copies of pirated DS games.

The action is going after four specific makers of the R4 under Japan's Unfair Competition Prevention Act. Nintendo went to court last year against R4 distributors resulting in an injunction from a Tokyo court, but a statement from Capcom said the injunction has had little effect.

Also from the Capcom statement:

We are expecting the entire society including users to recognize that our company and other software manufactures have extremely sustained damages from proliferation of illegal instruments, such as the Game Copying Devices, and the computer industries have sustained serious damages because of those vendors, and we expect to influence the society to eliminate such illegal instruments from the market.

We wish the publishers luck, but don't expect to see any decline in piracy with a win.

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Re: Game Publishers File Suit Over DS Cartridges

My external hard-drive stores copies of pirated DS (and other systems) games, but I don't see anyone suing the people who manufactured it.

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I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

Your internal hard-drive would do the same thing, too, I'd imagine. Therefore, you don't neccessarily need an external hard-drive on which to store pirated games. Unlike the DS which does require a card of some sort in order to store anything because it has no internal writable memory. Therefore, your comparison isn't a fair equation because the card is essential to the ability to store pirated games.    

Re: Game Publishers File Suit Over DS Cartridges

My ROMs, and emulators required to run those ROMs are stored on my external hardrive, so I referenced the external, rather than internal one. To quote the article, seeing as you seem to be majorly concussed lately:

"The reason for the suit is that the R4 can be used to store copies of pirated DS games." My hard-drives can also "be used to store copies", so the comparison is valid.

Stop being dense for the sake of being dense. You seem to be trying it on with a lot of people lately, suffering from attention withdrawal perhaps?

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I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

I'm dense? Lemme ask you this: If you didn't have an external hard-drive and didn't set-up your computer as you describe, wouldn't you still be able to store pirated games on what would then be the only available drive (I assume your computer came with a built-in internal drive)? Yes, of course you would. Which makes your comparison entirely different from the case of a DS, which necessarily requires an external memory in order to store anything. But for the existence of the card, there'd be no ability to pirate anything - or store anything else, for that matter. The card and the piracy are inextricably linked. Your external drive and your ability to pirate are not so linked. If you didn't have an external drive, you'd still be able to pirate.

And if you, having realized that your comparison was daft to begin with, now want to change the facts thereof to exclude your external hard-drive, the comparison still fails. The internal hard-drive of your computer is but one functional component among many other functional components. It cannot be reasonably said that your computer, taken as a whole, can serve no other function than to facilitate piracy. Unlike an R4 card which serves but one function. And can reasonably be said to serve no other function, when not serving a legitimate function, but that of facilitating piracy.  

Re: Game Publishers File Suit Over DS Cartridges

Looks like I struck a nerve. (No, I didn't read it.)

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I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

Looks are most often deceiving. And you should read it, if for no other reason than it may discourage you in the future from making nonsensical comparison. 

Re: Game Publishers File Suit Over DS Cartridges

Then you really do attach an over-inflated sense of value to what you say, don't you.

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I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

Beats the crap outta the value you apparently attached to that totally valueless comparison you made.

Re: Game Publishers File Suit Over DS Cartridges

"I know you are you said you are so what am I"

Boy you really ARE losing your touch.

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I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

And, unfortuanely for you, you aren't at all losing yours.

Re: Game Publishers File Suit Over DS Cartridges

To be fair, a PC doesn't need a hard drive either. I could just as easily live boot off of a USB stick, CD/DVD, or memory card(this one may not be supported by all BIOS). At that point, the PC is nothing more than a powerful, non-portable DS because the only storage space is the RAM, which a DS has, or any writable space on the boot media, which DS carts have as well. At such point, I could easily go and grab emulators and ROMs and use them off of such a system. A hard drive is not an integral part of a computer system. So your argument, that his comparison fails because a hard drive is but one of many required components, fails.

Also, if I remember correctly, the R4 allows the DS to be used as an eReader and is the only method for homebrew that I know of. And don't trot the "Homebrew is just an excuse for piracy." argument, because like it or not, every programmer out there starts with homebrew be it on PC, PSP, DS, or whatever platform they feel like taking the time to learn. And if the PSP homebrew scene, with its much smaller platform install base, is anything to go by, the DS homebrew scene is probably pretty huge.

Now, when a system maker gives me the option of running homebrew apps without having to circumvent whatever verification system it is that they use to check for a retail game, then you can bash the R4, mod chip, or softhack all you want. But until then, I fully support their creation, sale, and use for legitimate reasons such as I've mentioned. Once the console makers realize that fact, I don't think they would get as many complaints about their cracking down on mod chips and the like. As it is now, its like saying "You aren't allowed to install a new stereo in your car that you just bought because you might use it to break a noise pollution law." or "We put a governor on your Mustang because we say it can only go up to 40mph. If you remove it in order to go faster or alter the way the car performs in any way, you're breaking the law."

Re: Game Publishers File Suit Over DS Cartridges

You either misunderstand or misstate my argument. I never said his comparison fails because a hard drive is but one of many required components of a computer. I said that his comparison fails because a computer, taken as a whole, has more than one function other than storing information on it's internal hard drive. Unlike a flashcart which has no real purpose beyond use as a storage medium (although, I guess that in a pinch it could be used to balance a wobbly table by sticking it under the short leg). Therefore, if a falshcart isn't being used to legitimately store copyrighted information, it follows that it is being used to illegitimately store copyrighted information (i.e., piracy). The same argument cannot be made with respect to a computer. If it is not being used to legitimately store copyrighted information, then it doesn't necessarily follow that it is being used to illegitimately store copyrighted information. Any one of its other uses could follow with just as much force. That's why the comparison fails. The flashcart has but one basic use which can be sub-typed as either (a) legal or (b) illegal. The computer has many uses and therefore isn't subject to a binary sub-typing of a single possible use.

This is why the flashcart is 100 times more amenable to the sort of lawsuit at issue than the computer. It's either being used for a legal purpose, and if not, then it's being used for an illegal purpose for which legal action can be taken against the flashcart's manufacturer. But that link between device and harm is 100 times more attenuated in the case of the computer which doesn't lend itself to the "either 'X' or 'Y'" linkage.

Re: Game Publishers File Suit Over DS Cartridges

If your argument is that a flashcart has only two uses, to store legitimate or illegitimate copywrited information, then any storage medium falls into the same situation. Are you saying that just because it is possible for a medium to be used illegitimately that it should be banned? Because that's exactly what your argument sounds like, and its the same argument that the *IAA's used for CDs and DVDs when they first came out. Your argument is that the R4 should be illegal just because it can be used for an illegal purpose, despite the fact that it has legal uses which I mentioned and you seem to have ignored. Should we ban software like Alcohol 120% and Daemon Tools because most people use them to rip/burn/mount copies of disks that they may or may not own? Its the exact same premise as the R4.

As I said earlier, the R4 allows the play of homebrew, for which there is a rather large scene, the use of the DS as an eReader, and apparently the ability to play music and movies as well, which I've learned since my earlier post. Until the console makers realize that people will always try to hack their systems in one way or another in order to run homebrew and start to release ways for them to do it legitimately, I will support any method of enabling it, be it something like an R4, a hardhack like a modchip, or a softhack like custom firmware on the PSP. When a console is released that doesn't need to be hacked by the same devices that enable piracy in order to enable homebrew applications, then I will support the ban on whatever the R4/modchip equivalent for that system is. But that day will likely never come because console makers want complete control over the hardware that you paid for and bought, using tactics like saying "You didn't purchase it, you licensed it from us. You aren't allowed to do anything to it or with it that we don't want you to." To go back to my car analogy from earlier, its like Ford saying "You can't drive your Mustang that you just bought at over 40mph because we say so, and we've put a governor on there to make sure of it. If you remove that governor or add any method of making your Mustang go over 40mph, you're breaking the law. You didn't buy the car, you just licensed it from us."

 

Re: Game Publishers File Suit Over DS Cartridges

No and regardless of what it "sounds" like to you, I'm not saying that just because it is possible for a medium to be used illegitimately that it should be banned. Nor do I think that can reasonably be read into what I said. All I said, in essence, was that a comparison of a multi-function computer to a single-function flashcart is an "apple to orange" comparison when the salient issue centers on the ability to store information and that is precisely the single function which a flashcart serves. The "should be banned" argument is that of the publishers, not mine. Personally and since you're asking me, I think that the argument is a loser because the flashcart can serve its single function in both legitimate and illegitimate ways and, therefore, it isn't necessarily the case that it can serve no function other than the furtherance of piracy. But, again, this is the very first time I'm expressing an opinion on the validity of the publishers' argument. All my previous efforts were dedicated to arguing that DarkSaber don't know the difference between an apple and an orange.

And just because I am of the opinion that in theory the publishers' argument is a loser in the abstract doesn't necessarily mean that it loses when the force of Japan's unfair trade laws is brought to bear on the situation. I can't render an informed opinion on that specific situation because I know about as much of Japanese law as I can speak Japanese. It may well be the case that Japan's unfair trade law stacks itself in favor of the publishers (who, incidentally, were able to previously enjoin the manufacturers and, perhaps importantly, aren't bringing their legal action before a court in the United States despite the ability to do so). Who knows? I certainly don't.   

Re: Game Publishers File Suit Over DS Cartridges

I don't see a problem with the R4 device; it appears it can be used for completely legit reasons such as creating a back up of your ds games; which last time I checked is still legal in the US (not sure about Japan where this suit is going on).

Re: Game Publishers File Suit Over DS Cartridges

The thing is these game companies don't give a rat's ass about what it's supposed to be used for. If it CAN be used for illegal purposes, then to them the device was made to be used for piracy.

Re: Game Publishers File Suit Over DS Cartridges

No, the thing is Nintendo obviously didn't approve of the R4 device to be used on the DS.  This gives them the right to demand that it not be distributed.  On top of this is the fact that it can be used to pirate games.  The one-two punch is what's got the makers in trouble.

---

He was dead when I got here.

Re: Game Publishers File Suit Over DS Cartridges

If Nintendo doesn't approve of a flashcart for use in the DS, that gives them the right to demand that said flashcart not be distributed? Do you have any support for that proposition? A law? A court case? Anything? While you're at it, can you tell me of any second generation flashcart which Nintendo has approved for use in the DS? If there are none, does that mean Nintendo has the right to demand that the entire universe of second generation flashcarts not be distributed?

Re: Game Publishers File Suit Over DS Cartridges

Maybe you're still steamed from your argument above, but you should read my whole post.  I posited that it being unapproved COMBINED WITH THE POSSIBILITY OF PIRACY was the source of the lawsuit/cease and desist, not one or the other by itself.

Dick.

---

He was dead when I got here.

Re: Game Publishers File Suit Over DS Cartridges

Then my question, Monkey Boy, now becomes what advantage is gained from combining the two (i.e., (a) unapproved flashcart and (b) possibility of piracy) when the possibility of piracy alone would be a more than adequate source of the lawsuit/cease and desist? Would it make a bit of difference if the allegedly pirated material was stored to an approved flashcart? I would think that it would make absolutely no difference. If so, then what difference does it make that it was allegedly stored to an unapproved flashcart? I'm not seeing where the distinction between approved and unapproved makes a lick of difference to the price of tea in China.   

Re: Game Publishers File Suit Over DS Cartridges

If Nintendo had approved the device for use on the DS, do you really think that they'd be heading the charge for it to not be made anymore?

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He was dead when I got here.

Re: Game Publishers File Suit Over DS Cartridges

No, but you still haven't explained to me what validity is added to the publishers' legal action by the fact that the flashcart which is the subject of that legal action is unapproved. All you've done for me is point to an unlikelihood of legal action being taken against an approved flashcart manufacturer. Beyond a refreshed appreciation for the obvious, I'm still left wondering why you think the fact that the flashcart at issue is unapproved adds anything of substance to the legal action.

And if you're now about to say "it is because Nintendo hasn't approved the device for use on the DS that they now head the charge for it to not be made anymore," then be forewarned that your saying so still doesn't explain what validity is added to the legal action. That's nothing more than pointing to the other side of the obvious coin.      

Re: Game Publishers File Suit Over DS Cartridges

Just annoys me that these companies always assume these things will be used for piracy. It's like blank DVD's, or Bit-Torrent clients.

The problem is the vast majority of people do use them for exactly that purpose, but, as someone who does a lot of promotional audio/video work, I know that is not the only usage.

In this particular case, I'd be interested to know what other options are available for this card, I don't own a DS, but can you do things like listen to music or look at photos from it? If so, I'd say it's as much as question of a company stepping into a market that Nintendo would like to get into themselves.

To me, this is exactly the same argument as saying that cars should be banned because they might kill people or be used in a crime, boxes should be banned because they might be used to hold stolen goods etc,

Problem is, there's an impetus to punish everything except the actual pirate, be it the consumer, the innocent user etc, they are always the ones who have to go without or jump through hoops, purely for the sake of 'combatting piracy'.

Re: Game Publishers File Suit Over DS Cartridges

You are absolutely right, there are legitimate uses for these devices. But as you point out, most people don't use them for that. That's the difference between that and your car analogy. I will admit I haven't done a study, but I'd be willing to bet that most people don't buy a car for the express purpose of using it to kill someone, but the majority of people who buy an R4 (or similar device) or download a BitTorrent client are intending to use it for piracy. Blank CD/DVD discs are iffy what the major use would be.

As for people complaining how they can be used for legitimate purposes, I'd also be willing to bet that the majority of those people don't use them for said legitimate purposes.

So the simple way around this would be for the companies who think they've been wronged to step up and create a device that protects their interests while meeting the needs of the consumer. In this particular case, I don't want to have to carry around a bunch of DS cartridges with me and risk losing/damaging them. So why doesn't Nintendo make a device that lets me copy multiple cartridges onto a single card? Problem solved, we now have a device that addresses the legitimate uses (that people claim they want it for) and avoids the illegal uses.

Re: Game Publishers File Suit Over DS Cartridges

That sounds like a perfectly acceptable solution to me to be honest.

It's odd, in a way, that when a company sees another company fulfilling a need of its customer-base, the original response used to be more or less exactly what you described, they would recognise a need and respond to it, nowadays, however, there does seem to be more cases of 'stop them!' than 'make a better one!'.

The case itself might still have gone ahead (depends on a lot of factors of which I have no details), but its sad that companies seem so intent on leading the market, that they forget sometimes it can help to follow your customers lead, if these things are selling, there is a demand for mass-storage of data on the DS, if Nintendo could provide that whilst still providing copyright protection for their games, they could be on to a winner.

 

Edit: I'll agree about your comment on my car analogy on a re-read, it's the difference between 'might be' and 'probably will be'.

Re: Game Publishers File Suit Over DS Cartridges

If Nintendo hadn't, in what I assume was a move designed to meet some kinda price-point, excluded the possibility of internal storage in a DS and over which they could then exert their own control of what can and can't be stored therein, they wouldn't be having this problem in the first place. 

Re: Game Publishers File Suit Over DS Cartridges

"... under Japan's Unfair Competition Prevention Act ..."

What an ironic name for a law that's being used to prohibit the sale of devices with perfectly legitimate uses.

Re: Game Publishers File Suit Over DS Cartridges

one could find perfectly legitimate uses for any number of illegal acts, objects, etc.

岩「…Where do masochists go when they die?」

Re: Game Publishers File Suit Over DS Cartridges

Exactly.  Almost every illegal controlled substance was initially used for medicinal purposes.  A lot of them are still effective for what they were initially used for.  That doesn't make their use any less illegal.

---

He was dead when I got here.

Re: Game Publishers File Suit Over DS Cartridges

(fictional) case in point, anyone remember that cocoon in case 3 of Apollo Justice? the one that can have a potent curative extracted from it? the only reason it's banned from export from the fictional country that it's native to is only because a slight change in the extraction process will produce a deadly poison.

岩「…Where do masochists go when they die?」

Re: Game Publishers File Suit Over DS Cartridges

That should really be read as "One can find illegal uses for any number of perfectly legitimate objects."

Re: Game Publishers File Suit Over DS Cartridges

it goes both ways; it's a two-way street

岩「…Where do masochists go when they die?」

Re: Game Publishers File Suit Over DS Cartridges

You know, the industry could probably put a lot of this debate to rest of they had a 'damaged trade in' system.. which ironicly, depending on how you read copyright, they are probably supposed to be doing anyway.

Anyway... if they replaced damaged copies for free (since they claim the lisence is for the content, not the container) then backup products would not be needed, THEN they would have a case that remaining products are used 'only' for piracy (though homebrew would also be an issue).

Though I have to comment:

We wish the publishers luck, but don't expect to see any decline in piracy with a win.

Anyone else notice the new GP editor is a bit less neutral?

Re: Game Publishers File Suit Over DS Cartridges

He's a lot less neutral. But it's hardly surprising given the ECAs current tendency to be more on the side of Corporations than Consumers.

I'm pretty sure Dennis would have pointed out the R4 had legitimate uses, just like he used to do in articles about mod chips.

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I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

Dennis would most likely have tossed out a bit of sarcasm as a statement with an ironic twist which I took this that comment to be.   Come now.  Have you never said "good luck with that" while meaning the exact opposite? 

BTW its the ESA that is on the side of Corporations much more so than the ECA.   Or at least I have not seen any of this bowing to the Corps that apparently you have. 

Re: Game Publishers File Suit Over DS Cartridges

ECA is disapointing me :(

 

criadordejogos.wordpress.com

Re: Game Publishers File Suit Over DS Cartridges

The ESA is the group the corporations belong to; I would certainly HOPE it's on their side.

Re: Game Publishers File Suit Over DS Cartridges

We wish the publishers luck, but don't expect to see any decline in piracy with a win.

Maybe, but that statement in particular isn't 'less neutral'; I think it's actually just a realistic perspective.

I could be the most Anti-Piracy person in the room, but being someone with common sense, I could tell you I would say the exact same thing.

Re: Game Publishers File Suit Over DS Cartridges

Wishing them luck is most definitley less neutral. Not saying it at all, or something like "Even if they win don't expect ect etc" would have been the neutral path.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

Re: Game Publishers File Suit Over DS Cartridges

You wish them luck? I have an R4, and I *don't* use it for piracy. I have some movies and music on it, and a few free games that I've found online (that are free). Hell, most people I know that have R4's use them only for cheat codes, not for actual piracy.

-If an apple a day keeps the doctor away....what happens when a doctor eats an apple?-

Re: Game Publishers File Suit Over DS Cartridges

"We wish the publishers luck, but don't expect to see any decline in piracy with a win."

Exactly. In addition what others have already said in response to this remark, I would like to add that R4 is not the only flashcart that enables you to play NDS roms through the actual hardware so even if they were no longer produced, others could easily rise in popularity (although I am uncertain whether the rest of them are as high in quality as the R4). Nevertheless, unless publishers can shut them all down, this is pretty much a losing battle.

...and even at that, there is still the possibility to play NDS games through emulators (although that is not exactly portable anymore). Eventually emulators will even have full Wi-Fi support so you can play NDS games online or via LAN with your buddies and/or siblings.

Re: Game Publishers File Suit Over DS Cartridges

The R4 is currently one of the lower quality ones still in production, really. No DSi support, most new big name games (and quite a few shovelware titles) are rigged not to run on it, and the devlopers only put out new firmware in an effort to disable immitation R4s.

If Nintendo wanted to really make a dent in piracy, they'd go after the makers of CycloDS, DSTT, and Supercard, since that seems to be the big three these days. The makers of Cyclo have so far managed to defeat almost every attempt at copy protection even without using ROM patches and fancy AR codes.

Re: Game Publishers File Suit Over DS Cartridges

Then they need ot start suing ALL PC makers, ALL DVD burning device and software makers, ALL music recording equipment and software makers... Since those dvices have legit uses, but many use them for less than legal purposes.

Re: Game Publishers File Suit Over DS Cartridges

So I assume they're planning to introduce a new system that allows user to copy and play all their owned games without carrying around a lunchbox size box for there portable system?

On a side note aren't there a lot of things that can and are used for illegal purposes but are perfectly fine to sell because they can be used legally? Guns come to mind.

Re: Game Publishers File Suit Over DS Cartridges

Guns tend to make a poor counterexample in the US since, regardless of how one interperts it, they are mentioned in the 2nd ammendment and thus hold a somewhat differnt place then electronics.

Re: Game Publishers File Suit Over DS Cartridges

A perhaps better example and one perhaps more illustrative of the issue is rolling papers. In many states, it's perfectly legal to walk into a 7-11 and buy a pack of rolling papers, stick them in your pocket, and walk on down the street with them. But if you also put a baggie of marijuana in your pocket with those rolling papers and get caught by the police in possession thereof, those very same rolling papers are transformed into drug paraphernalia for which you can be arrested and charged (in addition to the obvious drug possession charge).  

Re: Game Publishers File Suit Over DS Cartridges

Agreed, that would fit a lot better.

Re: Game Publishers File Suit Over DS Cartridges

Meh I ahve yet to see the emdia mafgia go after disc bruning hardware and blanks untill then whatever point they have is moot. The only people they sghould be allowed to go after are the oens selling roms or running ad or donation based rom sites.


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/

Re: Game Publishers File Suit Over DS Cartridges

OK I am no piracy expert but shouldn't Nintendo and friends focus on the pirates rather than the hardware? I believe the makers of the R4 can countersue Nintendo and friends under the same principle. They are bullying the R4 makers therefore they are practicing a level of unfair competition.

Yes the R4 can play pirated video games but the unit itself has a legit purpose. I do not own an R4 let alone a DS.

Re: Game Publishers File Suit Over DS Cartridges

Should the deer hunter choose to shoot at the deer that's hauling ass across the field in a zig-zag pattern or the one that's standing still, staring at him with that "caught in the headlights" look?

Re: Game Publishers File Suit Over DS Cartridges

The media mafia has managed to make legal hardware illegal in most of the world......


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/

Re: Game Publishers File Suit Over DS Cartridges

Maybe that's what they get for not constantly hauling ass all over the place in a zig-zag pattern. The rolling stone gathers no moss.

Re: Game Publishers File Suit Over DS Cartridges

Meh the emdia mafia is only making 0.01% of its own hardware illegal and since they are not going after it tis not a loss to them.


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/

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