Nintendo Loses Lawsuit Against DS Flash Cards

[Greg Tito]

Nintendo Loses Lawsuit Against DS Flash Cards

A Paris court ruled that it was illegal for Nintendo to lock out third party flash cartridges for the DS.

Nintendo filed a civil suit in France against the Divineo Group for manufacturing flash cartridges to work with its DS platform. According to a report from MaxConsole [http://www.maxconsole.net/?mode=news&newsid=38047], the suit reached the highest court in Paris before a judge ruled that Nintendo had no right to restrict other manufacturer's flash cartridges from operating on their systems. The judge further suggested that Nintendo gaming systems should "work more like Windows" and allow other developers to make software available however they desire.

This last statement is especially ironic because of Microsoft's recent actions [http://www.escapistmagazine.com/news/view/96313-Microsoft-Sued-for-Locking-Out-Third-Party-Memory-Cards] rendering third party flash memory cards to be ineffective on the Xbox 360.

One would wonder whether the decision of a French court will have any ramifications for gamers worldwide but it is the next step in an ongoing debate: Do console makers own the rights to how software is made to work with their invention?

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[CyberAkuma]

This is a surprise.
I know Nintendo has been fiercly trying to hunt down the makers of the R4 card and this is indeed a turn of events. Wow.

I recall back in the 80's when Nintendo had complete control of all hardware released for their system - even to the point that they could impose rules of how many games per year would be allowed to be released from a company.

I guess Nintendo is finally losing it.

 

[SilentHunter7]

Do console makers own the rights to how software is made to work with their invention?

Auto-manufacturers have no right to control which after-market parts are allowed to work with their vehicles, why should hardware companies be treated any different?

 

[dantheman931]

Probably so, yeah. It's a little different from a PC, where the hardware and software are specifically designed to be interchangeable to a certain degree; Nintendo didn't design the DS to work with third-party equipment that they didn't approve beforehand. Plus, if Microsoft is allowed to do it, why not Nintendo?

On the other hand, console manufacturers usually make a point of saying that if you use third-party accessories that end up breaking the console, then they won't be held responsible, so y'know.

By the way, first.

Edit: nvm

 

[SilentHunter7]

It's official: the French suck.

Because they upheld fair-trade law?

 

[SilentHunter7]

Plus, if Microsoft is allowed to do it, why not Nintendo?

Most likely because Nintendo was the only one who got sued in France. Now with this case, I'm sure many 3rd party memory unit makers will be suing Microsoft.

 

[Paragon Fury]

This is an isolated incident in France. In America, Nintendo would now own everything of the Divineo Groups, including their pants, cars and wives/husbands.

 

[PhantomCritic]

Well, this is suprising, considering Microsoft's result was quite the opposite, ironic indeed...

It's official: the French suck.

Now, now let's not jump to conclusions. I still love their accent. XD

 

[SilentHunter7]

Personally, I'm hoping this decision influences the California court's ruling in the Microsoft case.

 

[NickCaligo42]

I wonder if that judge even realizes that he just supported piracy or if he's completely and blitheringly ignorant of how gaming works.

 

[samsonguy920]

Well so much for being able to say what goes with the system that you made, at least in France.

 

[SilentHunter7]

I wonder if that judge even realizes that he just supported piracy or if he's completely and blitheringly ignorant of how gaming works.

Or he has the integrity to not legislate from the bench. A Judge is supposed to uphold the word of the law. If the law says that software companies can't restrict third party hardware, he has to uphold it, regardless of whether or not it supports other criminal action.

It's the legislature's job to make sure that such laws don't do that. Not the Judiciary.

Edit: Also, if he was ignorant of how gaming works, then it's Nintendo's own damn fault for making a shitty case.

 

[Amnestic]

I wonder if that judge even realizes that he just supported piracy or if he's completely and blitheringly ignorant of how gaming works.

Yes, the judge with oodles of education and access to countless materials on such things is far more ignorant of the entire subject than you, some random internet poster.

In other news, I'm the Queen of Sheba. From now on I expect to be adressed as "Your Majesty" or "Your Highness."

 

[Angel Emfrbl]

Now this is intereasting.

The easiest solution would have been for Nintendo to allow them to continue, but with premission to "do what you like so long as we get something from it". That way, both companies get their way; Nintendo gets money still and the other company gets support at least for making an alternative.

Now they get nothing.

 

[SachielOne]

Hey, if all the devices did was allow homebrew apps, there would probably be no problem. But don't you dare tell me that any less than 90% of these cards are being used solely to play pirated games.

 

[Paragon Fury]

I wonder if that judge even realizes that he just supported piracy or if he's completely and blitheringly ignorant of how gaming works.

Yes, the judge with oodles of education and access to countless materials on such things is far more ignorant of the entire subject than you, some random internet poster.

In other news, I'm the Queen of Sheba. From now on I expect to be adressed as "Your Majesty" or "Your Highness."

Would you like your slippers now, Your Highness?

 

[sheic99]

I wonder if that judge even realizes that he just supported piracy or if he's completely and blithering ignorant of how gaming works.

I'm just going to point this out for you, not all software for falshcards are in fact piracy. There is a good size amount of freeware and shareware software that has been written to run on the DS flashcards.

 

[LeonLethality]

-sigh- Nintendo should put some more lockout than just regional lockout on their systems... that would stop things like this from ever happening.

 

[Yog Sothoth]

Anyone here remember when the Game Genie first came out, and Nintendo tried to sue them as well? The more things change, the more they stay the same...