The rulingwas handed down December 4 with comments from the judge that Nintendo should allow a more open development policy with its systems, much like Microsoft has done with Windows where anyone can develop for the OS.
Nintendo sent a statement to MCV stating the following: "Nintendo is extremely disappointed with the decision by ParisÂ’ Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices. Nintendo welcomes the ProsecutorÂ’s decision to Appeal the Judgment. As a victim Nintendo will join his Appeal. Nintendo supports action against the distributors of such devices."
Divineo already lost a similar case in Hong Kong, and was ordered to pay Nintendo $66 million in damages. In 2006, a California judge made a similar ruling and ordered $9 million in damages to be paid.