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ELSPA considers tackling the R4 scourge photo

After many months of rampant DS piracy, ELSPA has finally considered doing something about the infamous R4 and its ability to enable users to essentially rip off Nintendo's entire library of games. The trade body is mulling over taking those who sell the device to court, following suffering DS game sales which are blamed on the R4 and similar inventions.

"There are various SD cards for the DS that illegally circumvent the copyright protection in place and allows copied games to be played," explained ELSPA’s IP Crime Unit manager John Hillier. "The supply of these items is an infringement and an offence under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. ELSPA’s IP Crime Unit works closely with the enforcement agencies to stop this supply and prevent instances of intellectual property theft."

Unsurprisingly, it is the so-called "hardcore" games that are mostly affected by R4 chips, which I find particularly ironic -- we complain when our favorite games aren't doing well in the charts, but we sure as sh*t ain't buying them, are we? I'm usually not bothered by a little piracy, but I've said before that something about the R4 really unsettles me. It's a device that essentially allows you to screw over the whole platform and I'm not sure if I'm a fan of going that far. 

All piracy is theft of course, but I don't think anything highlights that fact more than the R4. Also, before you claim otherwise, you don't use the R4 to "try" games before you buy them -- I'll believe that the day I wake up with a magical vagina between my legs that squirts out gold and other, hotter vaginas. Also made of gold.








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46 comments | showing # 1 to 46
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Excel-2011's Avatar - Comment posted on 07/10/2008 10:12
Excel-2011
Fortunately for me, I do not own one. I mean this unironically.
njsykora's Avatar - Comment posted on 07/10/2008 10:12
njsykora
Never owned an R4, never have. I get so sick of people telling me to get an R4 every time I bring up a DS game I want in conversation.

Also, Jeff Minter has one. Do you really want to be in the same group as Jeff Minter?
garrfunkel's Avatar - Comment posted on 07/10/2008 10:13
garrfunkel
Even though I have an R4 i dont use it for Ds piracy as much as others. I mainly use it for ScummVm, NeoGeo, NES and SNES emulation. If i like any of the games I pirate I will usually buy them mainly because i like having a large collection of boxes.
Krahsh's Avatar - Comment posted on 07/10/2008 10:15
Krahsh
I own a cart from the cyclo team and currently use it to carry the library of games I've got with me and some of the finer homebrew apps like Colors.

The frustrating thing about the handheld market is the extreme lack of demos.
I'm not saying it'd stop other people pirating by any means, but I've passed on picking up more than a few titles until months later because I wasn't sure about the gameplay.

Yes, I've 'tried' certain games before buying them, but I'm one of the few out there that will actually buy the game if I enjoy it. It's the collector in me that wants the actual package. There's also the small hope that more titles like Rondo of Swords will be made if I spend muh milk money on it.
galagabug 's Avatar - Comment posted on 07/10/2008 10:16
galagabug
if you kill it, 4 more will take its place.
Misanthrope's Avatar - Comment posted on 07/10/2008 10:25
Misanthrope
No offense but if they still can't stop mod chip vendors to this day they wont stop DS flashcard vendors. Some of the stores operating out of the states might get a slap on the wrist but what I would say to the ELSPA is this: "Go to china and close the companies making this cards, I dare you, I DOUBLE DARE YOU MOTHERFUCKER!"
Ceallach's Avatar - Comment posted on 07/10/2008 10:34
Ceallach
I blogged about this not too long ago actually.

I hate the attitue more than anything of most pirates, they feel entitled to this kind of thing, like anything should be free.

Fuck that nonsense.
mistic's Avatar - Comment posted on 07/10/2008 10:37
mistic
I'll believe that the day I wake up with a magical vagina between my legs that squirts out gold and other, hotter vaginas. Also made of gold.

Epic!
king3vbo's Avatar - Comment posted on 07/10/2008 10:42
king3vbo
Yes, I has an R4. I use it to play homebrew, NES games, and read manga on my DS. (And play a few retail games when I'm low on cash)
Kryptinite's Avatar - Comment posted on 07/10/2008 10:42
Kryptinite
I don't R4 games I would buy regardless. I still buy games that I want to own. That being said, I would never go buy SuperDodgeBall so I just downloaded it.

Besides, I've been playing my Micro a lot more so no DS for me for a while.
Slick Icarus's Avatar - Comment posted on 07/10/2008 10:45
Slick Icarus
Finally. It's about damn time. I would have thought Nintendo would have gone after these guys by now. Nevermind that it's illegal, it's screwing the industry in the butt.
JustLikeBuck's Avatar - Comment posted on 07/10/2008 10:48
JustLikeBuck
They got their asses handed to them when Mr Modchips appealed. They'll not take anybody to court, at least not under the guise of copyright infringement. Yes copyright infringement is a crime, but they had trouble proving modchips (a far more drastic means to the same results of an R4) infringed copyright.

This is ELSPA stamping its feet like a desperate parent "I'm warning you!". But when even retailers like Amazon list R4s, it's kind of harsh to single out the little companies.

It's an old tired argument that's been used about a million other things. Sure R4 can be used to play pirated games, but also Homebrew and also backups of games you already own. Guns can be used to kill people, but they can also be used to hunt.
savagesaladin's Avatar - Comment posted on 07/10/2008 10:50
savagesaladin
I use my R4 card for just homebrew. I'm just kidding.
entropyman's Avatar - Comment posted on 07/10/2008 10:50
entropyman
if it wasn't for the r4 (actually I have a m3- same architecture), I would never have gotten a DS in the first place- I normally use it for homebrew and emulators- in fact I can't think of a single DS title (cart release) that I have played through vs. the PSP where I have played many, but again- I have purchased every PSP game that I wanted even though I have hacked it- I just rip them and play them off of the mem. stick b\c the load time is so much faster off of the mem stick than the UMD.
in the end though the idea of being able to copy multiple games on to one piece of media will always be more attractive than individual media per game- I would hope that manufacturers realize this at some point- you could stem a lot of the piracy by just allowing people to purchase hard copies of the games that you could copy to internal media-
Doomtrain's Avatar - Comment posted on 07/10/2008 10:51
Doomtrain
I have an R4, and I've bought all of the games that I really like. I bought it for homebrew, like SNES and NES emulators, and of course, to walk around with a peg leg.

I ended up using to try before I buy. I've pirated, and then purchased: Advance Wards: Days of Ruin, Elite Beat Agents, and more than a couple RPGs. I'm a collector at heart, so owning the actual case with the game inside actually has worth to me if I'm proud of the game. I'm currently "pirating" Tactics A2, and plan to buy it next time I'm able. The law system, goddamn the law system is now optional. Jesus yes.

I've downloaded a lot of games that I thought I was going to buy, and then turned out to not like. "The world ends with you" turned out to be a button masher, but with a touch screen, and the new Pokemon games don't capture the magic of the earlier ones. If I had bought these games, and then found out I hated them, who would be getting screwed then? Me. Now that I tried them and found out I didn't like them, they're losing a software sale they would have got if I hadn't had the opportunity, so I guess you could say they're getting screwed.

I'm sorry, but if I have the means to make it so I don't have to every buy a game I don't like, then I'm going to use it. If it means they make less money because I don't blindly walk into shitty games, then so be it.

In before people tell me to use game reviews instead. Both Twewy and Pokemon: D&P got rave reviews, and I didn't like them.
Misanthrope's Avatar - Comment posted on 07/10/2008 10:51
Misanthrope
@ Ceallach: I hate the attitude of people who buy into the BS given to them by large corporations. No matter what you or sterling think downloading does not equals lost sales. Games without copy protection have done just fine, the PC industry still grows every year even with absurds claims by bums like the Crysis devs. If anything downloads only promote sales.
Brando's Avatar - Comment posted on 07/10/2008 10:58
Brando
The problems is that they made the R4 too user friendly. No need to flash your DS with a paperclip or patching roms makes it accessible to the technological retarded. Piracy should only be reserved for elitist nerds :-P
Maurice Tan's Avatar - Comment posted on 07/10/2008 11:06
Maurice Tan
^ what Brando said.

If I ever get a DS, I'm only going to buy an R4 and a huge memory card though.
Krahsh's Avatar - Comment posted on 07/10/2008 11:10
Krahsh
@misanthrope are you trying to justify your thievery or just being a prick playing devil's advocate?
Misanthrope's Avatar - Comment posted on 07/10/2008 11:15
Misanthrope
Yea, that doesn't mentions about the games that don't work on the R4 ( Final Fantasy Chrystal Chronicles didn't work at first ), or how about R4 cards that just crap out and refuse to work? And thats the good of it, other cards ( some made by the same company ) just randomly stop working and can even brick a DS due to manufacturing problems. Check www.gbatemp.net forums and you find nearly ALL cards are poorly made and have reported bad batches, bricked DSes, non working games, cards that just won't work, etc.

Thats assuming you want to have 4 less hours of battery life ( the lowest brightness setting really takes it up the ass when it comes to battery life, but most cards are "tested" for battery life at the convenient and never used highest brightness setting in which the power consumption is only a few minutes less )

Claiming that is just "too user friendly" its just not true, several things can and WILL go wrong even with the R4.
hjd uk's Avatar - Comment posted on 07/10/2008 11:19
hjd uk
One of the major reasons to have an R4 is to have lots of games on one piece of media, instead of carrying a ton of carts around you can have a few SDCards.

Nintendo should have jumped on this from the beginning and immediatly released their own 'iTunes for DS'.
The problem is that most of the expense goes in making the cartridges. Im sure nintendo could sell games for a few £ each and still make the same as selling carts through retailers.

And the R4 does seem to be FAR more widespread than PC piracy.
Misanthrope's Avatar - Comment posted on 07/10/2008 11:20
Misanthrope
@Krahsh: You know whats thievery? Me going to a gamestop to shoplift. You know whats piracy? Me charging actual money to give people rom images of games.

You know what downloading is? Its certainly NONE OF THE ABOVE. Get this through your head: just because you CAN download a game doesn't means you would buy it if you couldn't download it. Potential sales are NOT sales, what greedy console companies and their advocacy groups claim is exactly that: For every download on the internet thats a lost sale. Thats just fucking absurd. NO single marketing campaign in the history of mankind has ever achieved 100% adoption rate of a product, I think they are lucky if the manage 5% adoption rate and even that is like a dream come true if only 5% of the people interested would make a buying decision.

So if you say "out of all these people who download roms for the R4, maybe 5% would buy the games if they couldn't download" then I could take the arguments seriously. Until then its the same argument used by PC companies to infest games with malware intentionally.
Alexradl's Avatar - Comment posted on 07/10/2008 11:23
Alexradl
I have an R4 card, but I also have a small collection of about 11 actual DS games. Some games aren't worth purchasing, and that's where the R4 card comes in. I only buy games that I think are worth the $30. They are not losing a sale (from me personally) because I wouldn't have bought the game in the first place. I still buy games for my DS, but I don't make the mistake of purchasing a shitty games.

If my local rental stores had handheld games, I wouldn't have a need for an R4 card. Some games are worth a $30 purchase, and some are worth a $5 rent. I am not getting the second option with handheld games (I'm not going to deal with gamefly just to rent DS games).
Demtor's Avatar - Comment posted on 07/10/2008 11:27
Demtor
Yep, I pirate DS and GBA games. I'll admit it, no excuses. I would have never bought my DS if I didn't have the ability. So glad I did because I missed out on some great games over the years. I've got my hands full trying to catch up on GBA games let alone DS games.

I do plan on buying the next Castlevania game however as all of them I've played so far are fantastic and definitely deserve my support for 2D love. If a GOOD shmup were to come out for DS, I'll be buying it. If they made a new 2D Metroid, I'd buy that. Or if they made a River City DS game. I'll support what I love and want to see more of basically. There is such a huge variety in that game library but I only really love about 10% of it, others are just fun to play once and kind of forget about. Rentals basically.

Without R4, I just don't have the time or extra money to run down older used GBA games that Nintendo wouldn't profit from anyways.
Aex's Avatar - Comment posted on 07/10/2008 11:28
Aex
Hypothetically, If I were to have a flash cart/slot 1... They might be gaining a DS sale. It could be entirely possible that someone like me would never purchase a DS or a DS game without them :p

This is of course if I did have one... which I'm not admitting to.
Aex's Avatar - Comment posted on 07/10/2008 11:32
Aex
Actually, while we are speaking hypothetically here... They might even gain 2-3 DS sales so I could have a black and red and each member of my family could have one and a couple of sales of Nintendogs and Brain Age... Of course if I had a cart like that...

Which I'm still not admitting to.
ScottyG's Avatar - Comment posted on 07/10/2008 11:33
ScottyG
I have a Games 'n Music (same thing as an R4 as far as I know. I've tried using it for emulation, and couldn't find a good emulator. I tried using it for homebrew, but got sick of wading through the crap titles.

Now it collects dust, waiting for a better reason to be used. Like I said elsewhere, I won't use it to pirate games because I don't even have time to play the games I do buy. :p
DaedHead8's Avatar - Comment posted on 07/10/2008 11:33
DaedHead8
I don't own an R4. I pirate the shit out of retro games but pirating games that I can still buy brand new from best buy or gamestop feels like real stealing to me. I would buy an R4 so I could try out homebrew stuff but I know I would fall to the dark side and download games that I should be buying.

I don't have custom firmware on my PSP for that very same reason.
thebza's Avatar - Comment posted on 07/10/2008 11:47
thebza
@Misanthrope

"You know what downloading is? Its certainly NONE OF THE ABOVE. Get this through your head: just because you CAN download a game doesn't means you would buy it if you couldn't download it. Potential sales are NOT sales, what greedy console companies and their advocacy groups claim is exactly that: For every download on the internet thats a lost sale. Thats just fucking absurd. NO single marketing campaign in the history of mankind has ever achieved 100% adoption rate of a product, I think they are lucky if the manage 5% adoption rate and even that is like a dream come true if only 5% of the people interested would make a buying decision.

So if you say "out of all these people who download roms for the R4, maybe 5% would buy the games if they couldn't download" then I could take the arguments seriously. Until then its the same argument used by PC companies to infest games with malware intentionally."

::wipes tear:: that was well said, my friend.
free touch's Avatar - Comment posted on 07/10/2008 12:13
free touch
@Misanthrope

Finally, someone smart.

And another thing. I think its a real joke when editors who review games that are usually given to them for free from the companies complain about us normal folk not buying games, when, in fact, they do the same thing under the guise of journalism.
Conan-san's Avatar - Comment posted on 07/10/2008 12:50
Conan-san
I'd only buy such things to play games that were not localized into english on a native console.
Say...Mother 3 and the two jump brawlers.

That said, I do have a for-reals copy of Jump Ultimate Stars.
dontstaylong's Avatar - Comment posted on 07/10/2008 12:53
dontstaylong
I think I'm the weird one here - I recently bought an M3 after my ipod died. Rather than get a new one, I figure why not carry around one less hunk of plastic, and listen to music on the DS?

I don't think I'm going to keep it long. It kills the batteries, gives me ADD as to what game to play (too many options = don't play anything for longer than 10 minutes), and is just generally a pain in the ass to get anything other than roms to work right. Also, my SD card just crapped out.
Darren Nakamura's Avatar - Comment posted on 07/10/2008 13:06
Darren Nakamura
Hey man, I'm buying my games. No R4 for me here, and that's a fact.
Rigor Mortis's Avatar - Comment posted on 07/10/2008 13:16
Rigor Mortis
I want R4s to stick around. If everyone else pirates their games, it increases my chance of having the most impressive game room around :)
Gregor's Avatar - Comment posted on 07/10/2008 13:29
Gregor
Hey guys, guess what? I have an R4. I use it to download games off the internet and play them so I don't have to go out and spend my money on them at EBGames.

I don't use it to play homebrew games, I don't use it to read manga or any of that shit.

I use it to get retail games for free and I don't give a shit about the health of the industry because frankly it's not like Nintendo is going to stop making games.

Bitch me out, see if I care.
LarkOhiya's Avatar - Comment posted on 07/10/2008 13:39
LarkOhiya
whats an R for?

"It's its good 4 nothing!"

lulululululululuullllllllllllllllllllllluuuuuuuuuuuul
Anus Mcphanus's Avatar - Comment posted on 07/10/2008 13:43
Anus Mcphanus
While I don't agree with the piracy aspect of the R4 the device itself is completely legal. I think it's bullshit that ELSPA are targeting retailers of the R4 in the same way I think it's bullshit that Nintendo blocked the freeloader.
When you consider that in the UK 26 charges against "MrModChips" were dropped recently it makes you think what kind of real backing this kind of action ELSPA are taking really has.

On a side note I also find it hard to swallow that a DS game costs as much as a new 360 and wii game but that's just me
Rabite's Avatar - Comment posted on 07/10/2008 14:15
Rabite
"following suffering DS game sales which are blamed on the R4 and similar inventions."

So we're not going to mention the library of complete crap games? From what I've seen the only systems to have more shovelware on it are Wii and the Gameboy Color.
Cowboy TTop's Avatar - Comment posted on 07/10/2008 14:32
Cowboy TTop
I admit, I don't have an R4, but I do have something similar. What I use it for are really japanese DS games that we will never see, either because of nightmare licensing issues (Super Robot Wars, Nodame Cantabile, Daigasso, Taiko DS etc). I make a point of buying those japanese (or U.S/U.K) games in the end, once they hit my sweet spot, as you can't beat owning the real deal and I'm a big games collector at heart.

Next up, I use it for the awesome aps and games that home brewers write for DS (Still Alive DS is cool), but Nintendo still cock block and deny, painting them as piracy too. As an artist, Colors DS is a superb dreamy kind of ap that I've always wanted and in fact was the core reason I purchased my card. Now I don't need an expensive laptop and graphics tablet in order to draw on the move. On the issue of such aps, if they could progress enough for publishers etc, to consider buying the license from the creator to sell officially, I'd wholeheartedly support it. But alas no, and much cool stuff like Colors gets passed by. A big shame indeed as I'd love it to get a wider audience of artist use. Colors DS has got some good press from U.K art magazine Imagine FX. (Look out for an Imagine FX guide on Colors DS drawing/painting in Issue 34)

And the final reason for my card is the emulators. If you had told me, its possible to run GB, GBA, NES, SNES, MD and even Neo Geo arcade roms on my DS, I would have called you a fat ass liar. Scumm VM to run old forgotten PC games is another sweet bonus too. Suddenly we have a whole new generation of gamers discovering, how cool these old games they never knew of are. That should be celebrated, as its actually helping grow the industry and even nuture potential future industry talent. The industry as a whole denies all this, lips closed.

As for ELSPA etc now potentially going after these cards, I understand their concern, but I know as usual they will never include the homebrew arguement into the equation, and it will just be about stopping piracy and potential lost sales as usual. They'd have to prove you are pirating the games for reasons beyond your own use, that would seek to threaten Nintendo etc. At present there is no significant threat and more than likely never will be throughoout the DS's Life. Remember we are a few years into it and its only a matter of time before Nintendo produce a successor.

With Nintendo themselves never acknowledging the homebrew side of gaming, mainly because they can't control it, they would rather criminalise and alienate a talented and resourceful bunch of gamers/creators (who they know very well are not rolling in cash or doing what they do, not for money but love).

Lastly, I do agree that if Nintendo were not so tight ass and draconian, they could have made the DS more open from the start, like home brewers are using it and creating some outstanding stuff for it. I know now, Nintendo are never gonna shake this draconianism, that even scares the most industry established developer/publisher, hence a lot of games ending up on other more open systems.

Like someone said, they had enough trouble trying to stop mod chips, so they'll have little success with stopping cards. So long as home brewers/modders are out there, the fight will go on. How ironic it is, that many in the industry forget, many established developers we now know, were also born from home brew and modding.

Sorry for the essay, people. I say to summarise, if you do download any DS games, please buy and support which ones you like. Don't forget, we can make a difference, even if the big wigs think we can't.
braulio09's Avatar - Comment posted on 07/10/2008 15:34
braulio09
I can't believe the amount of people that deny using their R4 for illegal stuff.

Yes, I steal games using my M3. I'm honest about it, though.
Misanthrope's Avatar - Comment posted on 07/10/2008 15:55
Misanthrope
@braulio09: I have used cards to play rom games if that is what you mean, cause in my country there is nothing illegal about it and yes, ive actually talked to a lawyer about it.

Thats what I don't like, the fact that not only do americans pass stupid laws that benefit nobody at all but you actually try to use the connotation like "illegal" to refer to other countries who have SANE copyright laws.

If you have choosen to follow the wisdom of such highly regardless individuals as Lars Ulrich and George W. Bush that is your problem, outside of your country however downloading is perfectly legal.
Toneman's Avatar - Comment posted on 07/10/2008 16:02
Toneman
Fuck that shit. When Gamestop makes 1.6 billion dollars and still only pays me minimum wage I'm not buying a DS game from them. R4 ftw.
RoboSheep's Avatar - Comment posted on 07/11/2008 00:19
RoboSheep
All you kids with an R4, get a job and pay for something you want, if you can't afford it, tough shit, that's part of being an adult and having responsibilities. Man up you sad losers.
To cope with how truly tragic these people are I've devised this method:
In my mind I just replaced everyone talking about their 'R4' with "really small penis" and the content comes through just as accurately.
Fiat Mediocrity's Avatar - Comment posted on 07/11/2008 05:32
Fiat Mediocrity
"Also, before you claim otherwise, you don't use the R4 to "try" games before you buy them -- I'll believe that the day I wake up with a magical vagina between my legs that squirts out gold and other, hotter vaginas. Also made of gold."

If it makes you feel any better, I've spent the better part of the last hour buying all the music I've pirated over the last few months.
Kaspar's Avatar - Comment posted on 07/11/2008 09:01
Kaspar
I justify my R4 with the fact that I would have to wait ~23 years before any new game worth playing lands in stores here.
donkeykong's Avatar - Comment posted on 01/23/2009 11:36
donkeykong
Right, so what if I own a lot of games, and my collection is still growing, is it ok if I download some free games now? What if I own so many DS games that I haven't even played them all?

And what if I actually paid actual money for Children Of Mana? Doesn't SquareEnix technically owe me a game now?

What if I bet at least 50% of the people in this thread download movies on a regular basis because we all hate the movie industry and DVDs are too expensive? They cost less than games! And music too!

Either way I'm not trying to justify piracy. I'll let the market do the talking, enough people surely agree with me.
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