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.

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Comments

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by The Communist on Thu, 05/13/2010 - 15:46.

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 - 11:53.

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 - 12:27.

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/

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http://zippydsm.deviantart.com/

Re: Nintendo Sues R4 Reseller NXPGame

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

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 - 11:28.

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/

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http://zippydsm.deviantart.com/

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by jedidethfreak on Thu, 05/13/2010 - 12:01.

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.

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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 - 12:13.

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

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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/

---

http://zippydsm.deviantart.com/

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by JB on Thu, 05/13/2010 - 10:53.

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 - 11:07.

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
OK Game Devs
Random Tower

Re: Nintendo Sues R4 Reseller NXPGame

Submitted by killatia on Thu, 05/13/2010 - 11:12.

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/

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E. Zachary Knight: New Humble Bundle Weekly Sale. Alan Wake: https://www.humblebundle.com/weekly No Linux or Mac support. :(05/22/2013 - 1:46pm

E. Zachary Knight: Microsoft talks about the lack of backward compatability. You're backwards. http://www.gamasutra.com/view/news/192801/If_youre_backwards_compatible_youre_really_backwards.php05/22/2013 - 1:39pm

E. Zachary Knight: That is absolutely nuts there. As bad an experience XBox Indie Games was, the problems weren't with the self published side of things. Forcing a publisher onto independent studios is not going to help.05/22/2013 - 10:43am

MaskedPixelante: http://www.eurogamer.net/articles/2013-05-22-microsoft-wont-let-indies-self-publish-on-xbox-one And the hits just keep on coming.05/22/2013 - 9:20am

E. Zachary Knight: AE: You beat me to it. That's what I get for taking the night off.05/22/2013 - 7:40am

E. Zachary Knight: To continue the confused and convoluted messaging system present in EA, They are making Wii U games: http://www.gamasutra.com/view/news/192753/EA_is_working_on_Wii_U_games_after_all.php05/22/2013 - 7:33am

Imautobot: I gotta admit, I seriously believed Microsoft was going to "Bring It" with this new console. But they failed, and I think that failure might be Epic.05/22/2013 - 7:27am

Andrew Eisen: Well, the Xbox One reveal certainly had an interesting affect on the big 3's stock prices. https://twitter.com/AndrewEisen/status/33705126448977100805/21/2013 - 10:45pm

PHX Corp: http://kotaku.com/so-the-xbox-one-reveal-screwed-up-a-lot-of-peoples-kin-509179256 So The Xbox One Reveal Screwed With Some People's Kinects05/21/2013 - 10:36pm

Zen: On a funny side note...both of my boys have already voted NOT to get the Xbox One as soon as they found out Minecraft won't transfer lol. Some people have priorities damnit! ;)05/21/2013 - 9:27pm

Andrew Eisen: Here's the full quote on EA making Wii U games according to Neogaf: http://www.neogaf.com/forum/showthread.php?t=56112105/21/2013 - 8:19pm

Andrew Eisen: Xbox One may not be always on but that doesn't mean you can use it without an internet connection. http://kotaku.com/xbox-one-does-require-internet-connection-cant-play-o-50916410905/21/2013 - 7:39pm

Andrew Eisen: Polygon says EA's CFO says it is developing games for Wii U but doesn't provide that quote. http://www.polygon.com/2013/5/21/4351844/ea-developing-wii-u-games05/21/2013 - 7:11pm

Andrew Eisen: Well, I was right. Both Sony and Microsoft's consoles will be out by the year's end and both will be significantly more powerful than the current gen.05/21/2013 - 5:06pm

james_fudge: thnx05/21/2013 - 4:47pm

Zen: Just to let ya know...you called it the "Xbox 260" in the backwards compatibility article lol.05/21/2013 - 4:26pm

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PHX Corp: @Zen I sent you a friend request on both PSN and XBL, just a heads up05/21/2013 - 4:16pm

Zen: I noticed it with the football players when EA showed off Madden as well.05/21/2013 - 4:11pm

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