Spanish Court: Cracking Utility Improves DS Functionality
Spanish Court: Cracking Utility Improves DS Functionality
November 23, 2009
A Spanish judge has tossed out a criminal complaint filed by Nintendo against a seller of memory cards that allowed users to crack their Nintendo DS handhelds.
Movilquick Group was the target of the complaint, and a seller of devices (pictured) designed to “allow the use of multimedia and homebrew files,” on a DS, though the company noted that it is “against piracy” and does not support the use of commercial software in conjunction with their devices.
The judge ruled that while purchasers could use the devices for piracy, they could also use them to further advance the operational capability of their DS (translation follows): “Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”
A question further raised by the judge was whether or not Nintendo is the only company that can provide additional functionality to its devices (translation follows):
…this leads to another question that is if Nintendo has an absolute right as the only manufacturer to create accessories or, other manufacturers can produce and offer accessories for Nintendo consoles provided copies of attachments are not originally created by Nintendo and therefore protected by industrial property rights. That question goes beyond the criminal and should be terminated by the Civil Court…
|Via TechDirt|
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Posted 02/09/10 at 10:35am
Valdearg: It's amazing, that anyone with any humanity, whatsoever, would challenge a law that adds protections to a group of people who ar
Valdearg: It's amazing, that anyone with any humanity, whatsoever, would challenge a law that adds protections to a group of people who ar
Posted 02/09/10 at 10:33am
Valdearg: Essentially, he claims the law infringes on a Catholic's God Given right to express their beliefs. This is only true if he believes it's his God given right to use someone's homosexuality as motivation to assault, murder, or maim them.
Valdearg: Essentially, he claims the law infringes on a Catholic's God Given right to express their beliefs. This is only true if he believes it's his God given right to use someone's homosexuality as motivation to assault, murder, or maim them.
Posted 02/09/10 at 10:32am
Valdearg: Catholic Zealot Tom Monaghan's Catholic Law Center challenging Hate Crimes legislation, a law that adds protection for homosexuals against violent, criminal attacks.
Valdearg: Catholic Zealot Tom Monaghan's Catholic Law Center challenging Hate Crimes legislation, a law that adds protection for homosexuals against violent, criminal attacks.
Posted 02/09/10 at 07:00am
Austin_Lewis: That Alabama school shooting is supposedly gang related, according to the shooter's lawyer.
Austin_Lewis: That Alabama school shooting is supposedly gang related, according to the shooter's lawyer.
Posted 02/08/10 at 10:22pm
JDKJ: Landrieu. That's a good Cajun name. I ga-run-tee.
JDKJ: Landrieu. That's a good Cajun name. I ga-run-tee.
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BearDogg-X: New Orleans elected Sen. Mary Landrieu's brother, Lt. Governor Mitch Landrieu as mayor Saturday night.
BearDogg-X: New Orleans elected Sen. Mary Landrieu's brother, Lt. Governor Mitch Landrieu as mayor Saturday night.
Posted 02/08/10 at 02:22pm
Valdearg: J/K, btw, with that last comment. Just in case anyone was confused.
Valdearg: J/K, btw, with that last comment. Just in case anyone was confused.
Posted 02/08/10 at 02:21pm
Valdearg: This comes on the heels of Sarah Palin telling the Teaparty Convention to pray for Divine intervention to stop the Progressive tide. It seems she succeeded in recruiting the big man to offer some help. >.<
Valdearg: This comes on the heels of Sarah Palin telling the Teaparty Convention to pray for Divine intervention to stop the Progressive tide. It seems she succeeded in recruiting the big man to offer some help. >.<
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Valdearg: @A_L: I'm hearing that, as well.. It seems the dems aren't just losing seats via elections... :(
Valdearg: @A_L: I'm hearing that, as well.. It seems the dems aren't just losing seats via elections... :(
Posted 02/08/10 at 02:04pm
DarkSaber: Did he design Big Murtha Truckers 1 & 2?
DarkSaber: Did he design Big Murtha Truckers 1 & 2?
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Austin_Lewis: John Murtha reportedly deceased.
Austin_Lewis: John Murtha reportedly deceased.
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Shadow D. Darkman: DarkSaber: (EDIT) IDC really, it's just good to see some new stuff here.
Shadow D. Darkman: DarkSaber: (EDIT) IDC really, it's just good to see some new stuff here.
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DarkSaber: @Shadow If the on-going spat in China over WoW counts as "new" at least. Does anyone here REALLY give a shit about the state of chinas game industry anyway?
DarkSaber: @Shadow If the on-going spat in China over WoW counts as "new" at least. Does anyone here REALLY give a shit about the state of chinas game industry anyway?
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gellymatos: Oh, we pro-life advocates have our nutjuobs to (ie, guys who shoot up abortion clincs). We can have worse ones than yours.
gellymatos: Oh, we pro-life advocates have our nutjuobs to (ie, guys who shoot up abortion clincs). We can have worse ones than yours.
Posted 02/08/10 at 12:58pm
Shadow D. Darkman: Finally, new articles!
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Posted 02/08/10 at 12:57pm
Valdearg: @Gelly: As much as I hate to admit it, it's because so many of us on the Left are utterly predictable with our outrage, LOL.
Valdearg: @Gelly: As much as I hate to admit it, it's because so many of us on the Left are utterly predictable with our outrage, LOL.
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gellymatos: Oh, and the boycotting didn't get that much attention to be a real blow to pro-choice advocates either.
gellymatos: Oh, and the boycotting didn't get that much attention to be a real blow to pro-choice advocates either.
Posted 02/08/10 at 12:52pm
gellymatos: ...predict such a bad move by what is not considered a stupid group.
gellymatos: ...predict such a bad move by what is not considered a stupid group.
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gellymatos: How can you script someone boycotting the super bowl over such a trivial ad. An ad they must have seen before hand. You can't...
gellymatos: How can you script someone boycotting the super bowl over such a trivial ad. An ad they must have seen before hand. You can't...
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Comments
“Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”
The problem I have here is that people are gonna use these devices for illegal usage 90% of the time, I know a few people doing that right now.
http://www.magicinkgaming.com/
Here is some fantastic reading for you.
http://www.gamasutra.com/blogs/EphriamKnight/20091116/3544/Of_Betamax_an...
In this blog post, I discuss the SCOTUS Betamax ruling and how its findings apply to mod chips. The short version is exactly what this Spanish Judge said.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
This is the normal ruleing on the matter untill the media mafia starts waving money around...
Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/
A pleasantly logical ruling. I don't see many of those in the copyright wars.
Wow, that's a first. We need more of this, now.
Anyone remember the old GameShark/GameGenie days? That's what my mind goes to every time I see an article detailing controversy over cracking utilities/mod chips/anything similar. If I remember correctly, Nintendo and Sega had about the same reaction to those as most console makers are having to these.
"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000
God I miss those days you can take the shittist game and make it fun as hell!
Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/
Agreed, or taking a game with an insane difficulty curve and making it so you could actually get somewhere in it.
Hunting the shadows of the troubled dreams.
This reminds me of the days when US copyright policy wasn't completely broken. Not too long ago American corts would have agreed, but nowdays the DMCA is enough to prevent the sale of this device in the United States.
We need more activists judges over riding stupid laws.... if 2 or 3 did so it could be brought before SCOTUS more often....
Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/
Activist judges (on both sides) have ruined the laws we already have. What we need are non-activist judges that will look at a law on the merits, versus what their preconceived notions about it suggest it should mean.
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He was dead when I got here.
I'm sorry, Judge. Logic isn't permitted when it comes to the digital age and copyright law.
---- There is a limit for both politicians against video games, and video games against politicians.
It's nice to see some reason in regards to the reality of working with digital media. The world is slowly coming around to the fact that digital stuff doesn't work like physical stuff, and trying to make it conform to a physical model is fruitless and futile.
Nintendo's been struggling against hacking and emulation pretty much since they got in to the hardware game -- I wonder if they'll be one of the first to find a better way and change, or if (more likely) they'll let themselves be pounded by holding on to an old model well after it's stopped being useful.
That judge deserves an award! I just hope that the appeal don´t blow this if it´s made.
They will look up and shout "Give ROFLCOPTERS to us"... and I´ll whisper "NO". The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com
Its almost laughable at the number of people who make-believe that they don't use this kind of stuff to run pirated games.
Yet still, that does not negate the fact that such devices have legitimate and legal uses that should not be barred from commerce. Read the Betamax ruling. it is enlightening.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
even here on GP im noticing more (ability to pirate) = (intent to pirate) statements than at least a year ago, if not longer. makes me wonder.
*sigh* Sadly true.
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I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"
I have absolutely no problem with the devices themselves, as there is legitimate uses. The problem I have is when people who use them for piracy whine when a manufacturer updates their system, making the piracy invalid, such as updating your Wii messing up your Homebrew. What I like most about people who whine about that is that apparently they can't read, as you're warned about the likelihood of your HBC getting screwed up before you agree to download the damned thing.
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He was dead when I got here.