French Court Rules in Favor of Mod Chip Maker

December 7, 2009 -

In a ruling very similar to one handed down in Spain just last month, a French court has decreed that makers of Nintendo DS flash carts are not breaking the law.

French company Divineo was one of the defendants brought to court by Nintendo for making flash carts for the DS, which allow non-authorized games and media to be played on Nintendo’s handheld game system. The court ruled that the carts are legal and extend the usefulness of the DS, states MaxConsole.net.

The court also apparently took umbrage with Nintendo for “illegally” protecting its system and locking out users and developers, though it should be noted that the MaxConsole site, according to various sources, is owned by Max Louran, the same individual that heads Divineo.

This is not Louran’s first brush with console modification enforcers either: a 2007 GP story indicated some relation between Louran’s Divineo company and a firm (Supreme Factory Limited) at the center of a mod chip raid in Hong Kong.

Assentek, a fellow defendant in the case and also a manufacturer of console modifiers, was pleased with the ruling, but cautioned (Google translation):

However, in our view, this is probably a first episode in the general confrontation between France and Nintendo players in the world of gaming consoles including Assentek in particular.


|Via TechDirt|


Comments

Re: French Court Rules in Favor of Mod Chip Maker

Zip, you're missing the point.  Regardless of the fact that you don't like the way the law is, piracy is any unauthorized sale, distribution or copying of media.  That means that if I make a game, unless I tell someone they can give it out to people over the internet, they're breaking the law.  You can't make any argument against that that actually makes sense.  That's why pirates don't even try.  They make up bullshit excuses to try to validate breaking the law.

As for your balance issue, you're the one who isn't willing to balance.  You're assuming that the only bad guy is the corporation, when that's a fallacy.  Like it or not, those corporations own - that's right, OWN - the rights to their respective IP's.  That means it's theirs.  Not yours or anyone else's.  You're one of the people that says people should be able to do what they wish with what's theirs.  Now you're also trying to say that corporations shouldn't.  Sorry, Zip, but you can't have it both ways.

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Re: French Court Rules in Favor of Mod Chip Maker

I think you have his thoughts pretty much gathered.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: French Court Rules in Favor of Mod Chip Maker

One of the unfortunate side effects of the ruling will definitely be people who pirate gaining a sense on legality from this.

whether or not that constitutes the majority, well i'm not going to comment on that and start a dispute on backing up vs stealing.

Re: French Court Rules in Favor of Mod Chip Maker

This is just a nail in the coffin for the distribution model of data based on the distribution model of material goods. They are fundamentally different things, and you can't treat them the same way.

What companies need to start figuring out is how to make money on a product you give away. Subscription works in some cases, advertising/subsidy in others, however I doubt that those are the only working models, and we ought to explore the concept further.

Re: French Court Rules in Favor of Mod Chip Maker

This dose nothing to the distribution model, even they know sale it cheaper you sale more of it works better than monopolizing every aspect of it and then some to try and turn a profit.


For gaming the problem lies in development and mis management, half of all potential profit is lost  to these two things due to idiot suits and development direction......


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


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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TechnogeekThe constant conflation of "you shouldn't do this" as a personal guideline and "you shouldn't do this" as something with the force of law is really getting tiresome. Lawful Neutral was garbage in D&D, and it's garbage in real life.07/01/2015 - 12:24pm
PHX Corphttp://kotaku.com/sources-warner-bros-knew-that-arkham-knight-pc-was-a-1714915219 Sources: Warner Bros. Knew That Arkham Knight PC Was A Mess For Months07/01/2015 - 11:49am
Andrew EisenIf you do, I hope you can provide some examples of people (again, other than random no-name numbnuts on Twitter) who are genuinely trying to dictate what should and should not be allowed so far as themes, topics, language, plot devices, etc. go.07/01/2015 - 9:43am
MattsworknameI'd go into why I think it's a bigger problem then most realize, but nows not the time really. I'll catch up with everyone later07/01/2015 - 9:42am
Andrew EisenThat's the thing though, rarely is anyone (again, other than random numbnuts on Twitter) attempting to dictate what can and cannot be said or done.07/01/2015 - 9:39am
Andrew Eisen"Don't write rape scenes" is being offered as advice (along with reasons for that advice) not a mandate.07/01/2015 - 9:37am
MattsworknameOh, on that last one andrew I wasn't talking about the article, I was being more general, lately it seems like all the news and media is trying to decide what is and isn't proper to say. Thats what i was refering to.07/01/2015 - 9:37am
Andrew EisenPerhaps you should consider reading the entire article. Despite quotes you can pull from the intro and conclusion, the author isn't arguing that you can't or shouldn't be allowed to cover a certain topic.07/01/2015 - 9:35am
MattsworknameOne of the things I hate right now is that people are trying to be the deciders of what is and isn't proper to be said. It's political correctness to a level that makes me angry.07/01/2015 - 9:29am
Mattsworknamemake them, i just tell peopel that I think what they did sucked. Just cause I dont like what they did, doesn't mean I can tell them "You shouldn't wrtie that" cause thats just another step on the way to telling them "YOU CANT WRITE THAT".07/01/2015 - 9:24am
MattsworknameNo, but you or I aren't the one to tell someone else what they can or cannot do beyond EXTREMELY narrow limits. Telling a person then shouldn't write something or say something. I may hate certain movies or music, doesn't mean I dont' tell peopel not to07/01/2015 - 9:23am
E. Zachary KnightHasbro is taking steps to fix its Dinosaur gender issues. http://io9.com/the-jurassic-world-dinosaur-toys-are-clever-girls-again-171513589607/01/2015 - 9:20am
TechnogeekImagine that level of accuracy, only applied to something that has actually caused physiological and psychological trauma in more cases than just whatever the equivalent of the CD-i Zelda games would be.07/01/2015 - 8:40am
TechnogeekThat's the issue I see as well, E. To put it in terms anyone reading this site will likely understand: you know how any time video games show up on TV, they feature absurdly outdated 3D graphics and/or audio from the Intellivison era?07/01/2015 - 8:40am
InfophileWell, you CAN go to a crowded streetcorner and tell everyone who passes by your social security number and bank account PIN, but you shouldn't. Is that censorship?07/01/2015 - 8:36am
E. Zachary KnightSo if it is going to turn out to be a bad scene, why even bother writing it?07/01/2015 - 8:07am
E. Zachary KnightMatts, Goth, The article, and others I have read making the same conclusion, state that most people fail in their attempts to write rape scenes without being overly offensive or overly incompetent in their attempt.07/01/2015 - 8:07am
Adam802http://www.sfgate.com/news/article/Ex-Sen-Leland-Yee-may-be-headed-for-a-plea-deal-6358941.php07/01/2015 - 7:12am
Adam802Possible plea deal in Yee case: http://www.mercurynews.com/crime-courts/ci_28408532/leland-yee-case-plea-deal-appears-likely07/01/2015 - 7:11am
MattsworknameInfo, Im with goth on this, the moment people start saying "You can but you shouldnt" thats a slow slide into censorship07/01/2015 - 6:05am
 

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