Nintendo Sues R4 Reseller NXPGame

May 13, 2010

According to a report published this morning in CourtHouse News Nintendo has taken aim at New York-based NXPGame Inc., a reseller of game copy devices for the Nintendo DS. The company has sued Kevin Niu (aka Kui Niu) and his company claiming copyright infringement. NXPGame sells a variety of R4 products.

According to a federal complaint filed on May 11 in the Washington Western District Court in Seattle, Nintendo seeks statutory damages of $150,000 for infringement of each copyrighted work and $2 million for infringement of each Nintendo trademark.

"In connection with their sale, marketing and distribution of game copiers, defendants instruct users how to download material from the Internet, including directing users to third-party Web sites to download pirated Nintendo games, load the material into game copiers, and play the material on a Nintendo DS," according to the federal complaint.

Nintendo is being represented by Charles Christian Sipos and Susan Donnelly Fahringer of the law firm, Perkins Coie. The case has been assigned to District Court Judge Marsha J. Pechman. No web site seems to be available for NXPGame Inc. at this time; the only thing I could find was a domain parked by GoDaddy. More details as they become available.

Posted in Court Cases Mod chips Piracy

Comments

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by The Communist on Thu, 05/13/2010 - 16:46.

I would never go to a brick and mortar store to purchase R4...

Sketchy chinese sites work best IMO

http://www.randomosity.net/

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by hellfire7885 on Thu, 05/13/2010 - 12:53.

They definitely deserve what's happening for instructing on how to pirate existing software, my only problem with this is it will reinforce Nintendo's "Posession = intent to pirate" mentality regarding the R4 device.

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by ZippyDSMlee on Thu, 05/13/2010 - 13:27.

Well US law pretty much makes the r4 device and modchips illegal regardless of use.

Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by hellfire7885 on Thu, 05/13/2010 - 14:57.

Still doesn't add any credence to the "posession = intent" argument.

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by ZippyDSMlee on Thu, 05/13/2010 - 12:28.

So if I sell insctrusions to make fireworks with commen house hold equipment I sell I am breaking the law?

Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by jedidethfreak on Thu, 05/13/2010 - 13:01.

Do you have a license to sell instructions to assemble fireworks?

Do the fireworks you instruct fit within the legality of the state you operate in, as in, are those fireworks legal?

If no to either of these questions, then yes, you are breaking the law.

---

With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by ZippyDSMlee on Thu, 05/13/2010 - 13:13.

Yes to both,but its illegal to make them irregardless :P

------

The finer point here the device should not be illegal but atemps at trfficing in questionable copyrighted data pretty much should throw them under the jail house.

Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2011/12/31/what-is-cigital-disobedience/

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by JB on Thu, 05/13/2010 - 11:53.

I've never heard of NXPGame. Do they actually sell pirated games or just devices that make it possible for console owners to use pirated software? If it's the latter isn't that like Sony Music suing Memorex because Memorex produces CDRW that might be used to pirate music?

Money grab?

"I'd far rather be happy than right any day."

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by E. Zachary Knight on Thu, 05/13/2010 - 12:07.

Reread the article:

"In connection with their sale, marketing and distribution of game copiers, defendants instruct users how to download material from the Internet, including directing users to third-party Web sites to download pirated Nintendo games, load the material into game copiers, and play the material on a Nintendo DS," according to the federal complaint."

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

E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by killatia on Thu, 05/13/2010 - 12:12.

IFthey were givng out instructions on how to pirate ds games with the R4 then NXPGames deserve to be sued into oblivion.

http://www.magicinkgaming.com/

Shout box

DorthLous: Actually, nop, I did miss the emoticon for some reason (getting used to pics?) and I didn't know you changed it since (since I posted previous to my shout and it was still there.) Anyhow, thanks for taking it out!05/23/2012 - 6:01pm

james_fudge: Well we were just testing it. but it is still on the submission to fight $pam.05/23/2012 - 5:48pm

E. Zachary Knight: James, No I don't have it. I was just wondering who does and why. More curiosity than anything.05/23/2012 - 5:38pm

james_fudge: Did you not see the emoticon and did you not see that it has already been changed back?05/23/2012 - 5:10pm

james_fudge: LOL05/23/2012 - 5:07pm

DorthLous: Why? Not shocked that people are barking to an additional hoop to jump through when posting from their already logged in account or just mentionning this to try to paint me as one always complaining?05/23/2012 - 4:45pm

james_fudge: big shock there ;)05/23/2012 - 4:30pm

DorthLous: I'll add my voice to those wanting it gone :S I'm already logged in, I don't need a captch'a. That's for those registering.05/23/2012 - 3:54pm

james_fudge: Et tu EZK?!?05/23/2012 - 3:51pm

Craig R.: I'm a One Man Quorum! And it's working for me now, thanks. :)05/23/2012 - 3:48pm

E. Zachary Knight: How do we determine who get's the game/captcha thingy? Is there a certain posting threshhold users have to meet before it is turned off?05/23/2012 - 2:25pm

james_fudge: Give it a chance, we're still adjusting it ;)05/23/2012 - 11:20am

james_fudge: One does not a Quorum make Craig.05/23/2012 - 11:16am

Craig R.: If I complete the stupid game, and it just deletes my comment, what's the point?05/23/2012 - 11:15am

Craig R.: Ok, the little captcha game? You can get rid of it already.05/23/2012 - 11:13am

Craig R.: FCC boss is giving the thumbs up to usage-based pricing for Internet access05/23/2012 - 11:08am

Andrew Eisen: beemoh - Yeah, Miyamoto was awarded the Spanish prize for Communication and Humanities.05/23/2012 - 10:36am

beemoh: UK READERS: Sky Arts to broadcast complete Video Games Live concert this Friday at 9PM. Repeat 7AM the day after.05/23/2012 - 10:09am

beemoh: Miyamoto seems to have been awardsed something- he was just trending worldwide on Twitter, and all the tweets were in what looked like Spanish.05/23/2012 - 7:07am

Michael Chandra: Think so yes, since the judge didn't allow them to add ips at will. :P05/23/2012 - 6:23am

All shouts

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