UK Police Seize DS Flash Carts

Chrisos

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May 21, 2008
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nilcypher said:
The carts, which allow DS Lite owners to play pirated games and homebrew software and are illegal under UK law
Nonsense, flash carts are not illegal in the UK at all. This is flagrant missinformation (by a body with a vested interest in cart non-use) added to a press release. An embarassingly obvious scare tactic in order to warn the general public off of buying perfectly legal equipment.

I have had several carts, for various consoles over the years, some for development and some for the more nefarious reason of running my evil empire (a Nintendo DS makes for a cheap laser turret controller when used with a flash cart if you must know). Either way, purchase and/or ownership are legitimate under UK law. (Even if parts of my evil empire are not.)

If there is a piece of super-secret legislation around that does make ownership illegal by association with potential illegal usage, well we had all best start walking, as vehicles are used in vehicular manslaughter and often in robberies...

If the guy was selling them with preloaded flash cards full of games where copyright had been infringed, then fair enough was was a very naughty man, and will no doubt be in trouble. If, on the other hand, ELSPA have had raided (and arrested) a legitimate technology importer and distributor, well they will have a lot of explaining to do in court.

Only time (and several hundred man hours of argument and counter argument in the courts of the land) will tell.

But the lesson here kids is this: Carefully read articles that are press releases, bias is usually prevalent, always qualify your sources*.

In this case, this article, is based on a GamaSutra article, which looks to be based on a press release; GamaSutra I feel let the side down by not adding their own analysis or commentary, but have in fact posted a press release as wholesale fact.

As regards this thread; it is the posting of an intrested amateur of a "news" article found elsewhere.

In fairness, I doubt either GamaSutra or the originator on the Escapist have a bias against home brew or are in the pay of the ELSPA empire, are GamaSutra are based in the the wrong part of the world for a start. :)

* Sauce qualification: Fountain's Spicy Red is the finest sauce second to none, I award it a gold medal!

Edit: I made an incorrect assumption that this post was started by an Escapist official staffer, my comments on the Escapist's part in this story have been removed.
 

Chrisos

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May 21, 2008
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Veylon said:
I don't see anything that says he was selling illegal copies of software or hardware, so unless that's the case, I don't see any justification for the arrest.
It is a safe bet, that if they had found copying equipment, ROM images of games to copy onto flash cards, prepopulated flash cards or anything incriminating like that, then that information would have been all over the press release too.

So, unless ELSPA are keeping their powder dry until the court hearings, my guess would be that they plan to assert guilt by association with something that has been used illegally before.

Funny old world. (In a tragic, guild by association, 1984 big brother kind of way.)

I shall expect my wife to be locked up shortly for having the temerity to copy several games onto one flash card rather than carry 10 original carts with her in her hand bag...
 

HomeAliveIn45

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Jun 4, 2008
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"Hey Sargent, shouldn't we spend the night stopping rapists, murderers, gang members and/or thieves?
"Don't be silly mahboy, we have DS owners to arrest! Fun won't stop itself!"


Good job society!
 

xitel

Assume That I Hate You.
Aug 13, 2008
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SuperFriendBFG said:
Well considering the DS has a solid backing in games, I wouldn't homebrew the DS. The PSP on the other hand is another story. Personally I think the homebrew is the only reason the PSP is still afloat.
The PSP may be easier to homebrew for, but the DS seems like it has more opportunities for interesting homebrews, with the touchscreen technology.
 

Logan Westbrook

Transform, Roll Out, Etc
Feb 21, 2008
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Chrisos said:
nilcypher said:
The carts, which allow DS Lite owners to play pirated games and homebrew software and are illegal under UK law
Nonsense, flash carts are not illegal in the UK at all. This is flagrant missinformation (by a body with a vested interest in cart non-use) added to a press release. An embarassingly obvious scare tactic in order to warn the general public off of buying perfectly legal equipment.
I believe the laws that are pertinent can be found here. [http://www.elspa.com/?i=78]

The particular section is relevant to the case is this:
Devices to circumvent copy protection - "chipping" (includes internal & external chipping devices, eg. chips & cartridges)
S.296 (1) Applies where a copyright work is issued to the public by or with a licence of the copyright owner, in an electronic form which is copy-protected. (2) The person issuing copies to the public has rights against the person, who knowing or having reason to believe that it will be used to make infringing copies -
a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means designed or adapted to circumvent the copy protection, or
b) publishes information to enable or assist persons to circumvent the copy protection
 

Veylon

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Aug 15, 2008
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nilcypher said:
Devices to circumvent copy protection - "chipping" (includes internal & external chipping devices, eg. chips & cartridges)
S.296 (1) Applies where a copyright work is issued to the public by or with a licence of the copyright owner, in an electronic form which is copy-protected. (2) The person issuing copies to the public has rights against the person, who knowing or having reason to believe that it will be used to make infringing copies -
a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means designed or adapted to circumvent the copy protection, or
b) publishes information to enable or assist persons to circumvent the copy protection
Oi. More craziness. Are the UK police now going to monitor the internet to see who's downloading Daemontools? I'd better not visit the country, as I just broke one of their laws.
 

sirdanrhodes

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Nov 7, 2007
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But on all these games and DVDs, we have to sit through fucking piracy laws on the real deal, but not on pirates.

Yeeeaaahhh, and they wonder why people pirate...