Nintendo Wins R4 Lawsuit in Australia

[sidereal_day]

Why exactly is this chip illegal? Just because it violates Nintendo's Terms of Use agreement? The retailers, as far as I'm aware, didn't agree to ANY terms of use; the people who play the DS do.

 

[Sevre]

Whu buys the R4 anymore anyway? CycloDS Evolution is where it's at now.

R4 is still the most popular because it comes packaged in lots of DS packs you get off eBay!

 

[Jak The Great]

except for the little fact that inside the user manual, with the legal print that no one cares about, they state that the product is leased to you.. you do not technically own it. Therefore you can only do what is allowed within the license agreement, which specifically states that you cannot make a copy of the game or hack it. All console hardware and software has that little known clause in it

also if its for personal back up that is within your legal right but let's be honest; who buys one of these things with the intention that they are only going to back up games they already own?

You'd be right about software. But there is no such "license" for hardware. You don't license physical hardware. That's yours to go nuts with. They're making up laws now. Just because something has the potential to be harmful doesn't mean it gets the right to be taken off the market.

ordinarily I would agree with you, but in this case, it's a very specific product meant for a fairly specific purpose. As far as I know, no other device uses the same cartridge as a DS. I'm sure copyright laws are in effect in there somewhere (over the physical cartridge), but bottom line is that nintendo has a fairly strong leg to stand on

 

[Amnestic]

I already detailed my views quite extensively in the last R4 thread (which as I recall was Nintendo losing the lawsuit in France), but needless to say:

The R4 isn't illegal, what this article failed to bring out is the fact that it can be used to backup your cartridges and also to put your own stuff on the DS. Is that so bad?
But they, just like a CD burner, can be used for piracy.
So ban CD burners and computers?

This is the basic outline of what I think on the matter.

 

[beddo]

Why exactly is this chip illegal? Just because it violates Nintendo's Terms of Use agreement? The retailers, as far as I'm aware, didn't agree to ANY terms of use; the people who play the DS do.

The EULA is also inside the box; you can't really say that it applies when you automatically agree to it before you can physically read it!

 

[CloggedDonkey]

well, good for them because it means they won't be loosing sails so they can make the next Zelda better, but at the same time I remember they helped make this

Spoiler

 

[sidereal_day]

Why exactly is this chip illegal? Just because it violates Nintendo's Terms of Use agreement? The retailers, as far as I'm aware, didn't agree to ANY terms of use; the people who play the DS do.

The EULA is also inside the box; you can't really say that it applies when you automatically agree to it before you can physically read it!

I agree with you on practical grounds, but theoretically you can return the product if you don't agree even after opening it -- there have been cases in US court where a retailer did not facilitate the return of an item for this reason and lost the case.

 

[Adzma]

Nintendo's becoming worse than Apple. I honestly didn't think that was possible. Meh, they aren't getting their grubby hands on my Flashcard. There's nothing illegal about homebrew.