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Nintendo, 53 publishers taking R4 sellers to court photo

The R4 has been a pirate's dream for many years, allowing gamers to essentially rip off the DS' entire library and carry it around on one little cart. Sure, many people claim to buy an R4 to "back up" their existing game collection, but we all know what the things are really used for. Well, Nintendo's sick of it, and has rallied fifty-three publishers to try and stop the things being sold.

Capcom recently announced it was backing Nintendo on new legal action, where four known sellers of the R4 Revolution will be tried under the Japanese Unfair Competition Prevention Act. Nintendo pushed to make the sale of R4s illegal back in February, but nobody cared, and sales of the device continued. Now Nintendo's going after the sellers themselves. 

We predict yet another mini-victory for publishers in a war that they will never win.

Capcom Co., Ltd. (Capcom) announced that along with Nintendo and other 53 software manufacturers who develop/sell video game software for play on the Nintendo DS (including Nintendo DSLite and Nintendo DSi) filed a lawsuit on October 5 in the Tokyo District Court against four companies, who had been importing/selling the “R4 Revolution for DS” (a typical model of a “game copying device”). The companies filed their action pursuant to the Japanese Unfair Competition Prevention Act (2009 (WA) No. 35335) seeking an injunction to stop the distribution of the game copying devices, as well as seeking damage compensation.

Regarding the Game Copying Devices, the court ruled in favor of the companies to allow full recognition of their claims and to make it illegal to import and sell the Game Copying Devices in this February. However, import and sales of the Game Copying Devices showed no sign of disappearance from the market thereafter. We have been sending a warning to request the discontinuation to vendors who are continuously selling the Game Copying Devices after the court decision in February, or have been sending a warning to pay compensation for damages to vendors who were selling the Game Copying Devices in the past. However, since we observe many cases that the vendors ignore our warning or the vendors do not show any sincere response to our warning, we decided to take legal action at this time.

We are expecting the entire society including users to recognize that our company and other software manufactures have extremely sustained damages from proliferation of illegal instruments, such as the Game Copying Devices, and the computer industries have sustained serious damages because of those vendors, and we expect to influence the society to eliminate such illegal instruments from the market.


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29 comments | showing # 1 to 29

Strife381's Avatar - Comment posted on 10/14/2009 11:03
Strife381
time to stock up
Takeshi's Avatar - Comment posted on 10/14/2009 11:04
Takeshi
I'm surprised they waited that long.
Steel Brotha's Avatar - Comment posted on 10/14/2009 11:07
Steel Brotha
the tough thing is going to be proving that the R4 cards are sold specifically for piracy use. Nintendo should really be going after the people who put their games up for download.
Magnalon's Avatar - Comment posted on 10/14/2009 11:13
Magnalon
@Steel
Agreed; it's a losing battle to fight R4 sales.
StingingVelvet's Avatar - Comment posted on 10/14/2009 11:13
StingingVelvet
I think "backing up" is somewhat legitimate. As a PC gamer I use cracks to remove the disc-in-drive requirement not only to avoid needing the put the disc in everytime I play, but also because if I ever break the disc, or it DVD rots or whatever else, my cracked version will still play.

Still, yes, we all know cracks are mostly used for piracy, and I really hate piracy, so... not sure what else to day. Conflicted.
Brlito's Avatar - Comment posted on 10/14/2009 11:13
Brlito
Wow, so what stopping them from going after those dirtbag Craigslisters and online stores? 'Cause Play Asia seems to be the only site I frequent that doesn't sell the R4 (or any of its clones).
Necros's Avatar - Comment posted on 10/14/2009 11:22
Necros
Shame that the R4 isn't even the most prominent flash card anymore. It lost its place after the DSi came out, and most of my friends who have a flash card have something else that they claim is better. So even if Nintendo beats the R4 in court, it's not like they'll stop this problem by a long shot.
Electrium's Avatar - Comment posted on 10/14/2009 11:28
Electrium
There are tons of other flash cards on the market...the R4 was pretty much replaced a while ago.

How can the R4 developers be punished, though? Can you punish manufacturers of aerosol cans or markers for allowing their customers to use them to get high? Steel Brotha is right, it's pointless to go after the hardware. I see the intent, and it's good that they're not letting things slide...but there just seem to be much more effective ways of fighting hardware.

I wonder if the DS2 rumor has anything to do with Nintendo attacking pirates. It's definitely possible.
gamadaya's Avatar - Comment posted on 10/14/2009 11:34
gamadaya
@Necros: It's not the most prominent among informed pirates, but it is still the most popular overall. And also, I suspect that they will be going after more than just the R4, but nobody has mentioned any of the others because they don't know about them.
Drunken Haze's Avatar - Comment posted on 10/14/2009 11:39
Drunken Haze
The R4 is capable of been used for a criminal activity just like a car, laptop, knife or spray paint can be used for a criminal activity. Ohh to live in a intelligent and fair society where lots of money and lawyers did not make someone right... we can dream.
Zaro27's Avatar - Comment posted on 10/14/2009 12:18
Zaro27
Wait...what if I have every game that's on my flash card and use it so I don't need to carry around upwards of 50 games with me wherever I go? I mean, that's legal, right?
RBinator's Avatar - Comment posted on 10/14/2009 12:29
RBinator
So even if they force R4 carts to the black market only, a bunch of other alternates will pop up and become popular in the process. It's taking them this long to only stop one option? Anyone looking to get a flash cart isn't gonna give up as soon as they see one option out of many missing.

Nintendo sure are fighting a war that looks like it will ultimately make little difference in the long run. It's like when they try to stop Wii homebrew, which takes them a long time, but only gets bypassed very quickly.
Montelav's Avatar - Comment posted on 10/14/2009 12:32
Montelav
[quote]"the court ruled in favor of the companies to allow full recognition of their claims and to make it illegal to import and sell the Game Copying Devices in this February."[/quote]

The court already ruled the R4 card illegal, this time around everyone is suing for the companies involved to actually obey the cease and desist sales of the R4 that the court issued. Its not the legality of the card thats an issue this time its the sales/imnport of the device itself.

Why must I actually read the post...
bluemeep's Avatar - Comment posted on 10/14/2009 12:52
bluemeep
The day I can finally use homebrew on my DSi is the day I stop worrying about flash carts.

Or GBA emulation. I still say that was a dick move, removing that slot.
matty125's Avatar - Comment posted on 10/14/2009 12:56
matty125
They need to put R4 aside for now and go after the bootleggers in Taiwan and China, especially the ones that sell DS games on eBay.

What is it with major companies going after the small fries first? Maybe Nintendo read about that news story of kids setting people on fire for video games.
matrixdude171's Avatar - Comment posted on 10/14/2009 13:41
matrixdude171
It's not hard to prove R4's are used for piracy, since they've already made the damn things illegal. In the end, this will become moot when the DS2 comes out with no physical media drive.
eskimo bob's Avatar - Comment posted on 10/14/2009 13:46
eskimo bob
holy shit, that's my background image on my desktop! (cept mine has an awesome background, but y'know...)

on-topic: I pretty much agree with what Steel Brotha said. gl;hf defeating every pirate on Earth.
Steve Cebu's Avatar - Comment posted on 10/14/2009 13:46
Steve Cebu
I guess I'm the only one who read the article. Nintendo is going after Game Copying Devices. That means anything that can copy a game, not just the R4.
I only play a few games on my DS so I have no use for anything like that. In many countries bootleg games are everywhere and very cheap too.
Japan is trying to mimic the Digital Millenium Copyright Act (DMCA) in their own country. The DMCA is one of the worst and most abused laws ever created.
They'll shut down a bunch of places then more will pop up in their place. In the end only the lawyers get rich.
MkShiranui's Avatar - Comment posted on 10/14/2009 13:53
MkShiranui
I wish companies would find technological workarounds to piracy rather than sueing all the time, but SOMETHING should be done. [Sighs.]
doctor insidious's Avatar - Comment posted on 10/14/2009 14:55
doctor insidious
Not another lolsuit
MuddBstrd's Avatar - Comment posted on 10/14/2009 15:44
MuddBstrd
OMG I love that picture. Seriously. I need to save that one for future use.
BattyAdroit's Avatar - Comment posted on 10/14/2009 18:41
BattyAdroit
Fuck R4.
lewness's Avatar - Comment posted on 10/14/2009 18:53
lewness
Please use that pic for every fucking nutjob who files some lawsuit against a company with no good reason.
kingtobo's Avatar - Comment posted on 10/14/2009 21:30
kingtobo
It's easy to just say everyone uses it for piracy, but I don't think it's that unreasonable to say that there's a significant portion of users who actually do use it to play backups and homebrew. Considering Nintendo has offered no way to download full games to an SD card and that even if they did it would likely be so shit that you could never transfer them over to a new console I don't think it's unreasonable to say there's a legitimate demand for features that cards like the R4 provide that Nintendo has yet to even begin addressing.

The only reason they're going after the retailers is because it's the easiest target, but if there were really a legitimate target in this whole thing it would be the release groups that dump all these games, these are the guys really doing the damage. However, it's an unstoppable network; Nintendo realizes it's not even worth trying so they go after scapegoats.
MrSlippery's Avatar - Comment posted on 10/14/2009 22:11
MrSlippery
funny. R4 is the most outdated flashcard on the market, last time I checked.
jamBOT's Avatar - Comment posted on 10/15/2009 04:01
jamBOT
Yeah... good luck with that. HAHA.
jamBOT's Avatar - Comment posted on 10/15/2009 04:08
jamBOT
@aionkinah
WTF!!!! is this a freaking AD? Did some douche bag make an account JUST to place a f'king ad on here? And could it be any longer? Two paragraphs of the same sh't over and over. "aionkinah", Please die.
Jetsetlemming's Avatar - Comment posted on 10/15/2009 14:59
Jetsetlemming
But carrying around my games on one little cart is so convenient! Really, it's Nintendo's fault for being a fuckup at the internet and digital distro, not those chinese dudes that made flash carts. If I could get something good on DSiware instead of clocks and half slices of games, maybe I wouldn't need to carry around a flash cart. Hmph.
Akitoscorpio's Avatar - Comment posted on 10/15/2009 22:46
Akitoscorpio
Great, now they just have to target the other bazillion different Flash Cart manufacturers out there.
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