Nintendo of America has filed a lawsuit against HackYourConsole.com, a web site that – Nintendo claims in its complaint – promotes selling unauthorized copies of Nintendo titles and game copying devices such as the R4. The website does sell R4 devices, but on its Frequently Asked Questions page, it highlights the fact that using software with the R4 device is probably illegal:
"The cards themselves aren't illegal because there's plenty of things that are legitimately free for them. It's the actual DS games that you download that are illegal. Backups and NDS roms are a touchy subject. If you don't own the game usually a back up is illegal," the page reads.
Nintendo also said in its complaint that the web site sells 3DS Gateway cards, which "facilitate the play of illegally downloaded games," and that these devices "severely undermine" a game's sales.
At least one indie developer agrees with Nintendo's decision to sue:
"Piracy on the Nintendo DS system has a huge impact on games sales," said Wii U and 3DS developer Renegade Kid co-founder Jools Watsham in a statement to GameSpot. "It can affect everyone involved, including the many honest players out there. If independent studios, like ours, are unable to recoup the money they invest into game development, through the sales of their games, we will unfortunately see fewer independent games developed in the future."
We will have more on this story as it develops.