Topic: Nintendo Makes Another Piracy Bust

[WindyMan]

The Hong Kong justice system has laid the smack down on companies distributing illegal mod chips and game duplicators.
 http://www.nintendoworldreport.com/newsArt.cfm?artid=14660

 HONG KONG RAID NETS 10,000 PRODUCTS USED TO PLAY PIRATED NINTENDO SOFTWARE    

High Court Intervenes to Stop Distribution, Freeze Assets    

REDMOND, Wash., Oct. 22, 2007 - At Nintendo's request, the Hong Kong High Court has intervened to help stop a global distribution operation involving game copying devices and modification chips ("mod chips") that violate its copyrights and trademarks in the Nintendo DSâ„¢ and Wiiâ„¢ systems.    

On Oct. 8th, the court ordered the raid of Supreme Factory Limited facilities. During a three-day period, Nintendo representatives seized more than 10,000 game copying devices and mod chips. The game copying devices connect to the Nintendo DS and are used to copy and play game files offered unlawfully via the Internet. The mod chips allow the play of pirated Wii discs or illegal copies of Nintendo games downloaded from the Internet.    

The search also turned up volumes of documents reflecting the scope of the operation. The Supreme Factory Limited has ties to a French company, Divineo SARL, and its principal, Max Louarn, who are also named in the legal action initiated by Nintendo. The High Court prohibited the companies from further distribution of the devices and from disposing a portion of their assets worldwide, and ordered that such assets be frozen pending outcome of the legal proceedings.    

"Piracy affects the entire video game industry, from large companies to independent developers," says Jodi Daugherty, Nintendo of America's senior director for anti-piracy. "It can destroy years of hard work by a team of very talented software developers, who strive to create games consumers enjoy playing. Copying the developers' work and spreading the game files globally is blatant stealing."    

Piracy not only affects Nintendo, but also more than 100 companies that independently create, license, market and sell Nintendo video game products. Nintendo and these companies lost an estimated $762 million in sales due to counterfeits in 2006.    

This action is one of several that Nintendo has initiated over the years against game copiers and mod chips. In 2005, Nintendo was awarded more than $5 million in damages from the Hong Kong High Court against Lik Sang, a company responsible for the widespread distribution of game copying devices. In another case, a U.S. judge ordered Bung Enterprises to pay Nintendo $7 million in damages in connection with its involvement in manufacturing and distribution of such products.

[sycomonkey]

Articles like this tend to gloss over the fact that mod chips and backup devices in and of themselves are neither copyright infringement or immoral in any sense.  Making legitimate backups (which has sadly been made virtually impossible to do legally by not only Nintendo but all three major console makers), allowing people to bypass regional controls, and enabling homebrew software is supposed to be the purpose of this hardware.  Unfortunately, people are not always honest when given the chance to get something for nothing.  These are the people who need punishing, not those who enable the many legal and illegal activities in the first place through hardware modification.

It is, of course, Nintendo's prerogative to try to maintain a large degree of control over what their hardware is used for, but I do not think the law should place undue burdens on those who only wish to make full use of the potential of the hardware and software they have rightfully purchased.

[Shift Key]

Quote
Originally posted by: sycomonkey
Articles like this tend to gloss over the fact that mod chips and backup devices in and of themselves are neither copyright infringement or immoral in any sense.

When people use the words "copyright", "fair use", "intellectual property" and other terms of that ilk, you enter a place which is a subset of reality. Its the legal world, where people with wigs argue in front of another person wearing a wig. They use lots of big words but in the end, its the interpretation of the law that's the focus.

And currently, while "mod chips" (I use quotation marks to be intentionally vague) are legal in Australia (charges against a modchip vendor were thrown out of court), they are not legal in other parts of the world, as the article points out.

I don't blame people for glossing over these stories. There is huge disparity between countries legally, morally, or whatever-ly, which means there's little value in discussing these issues because Joe Gas Station can't be certain about what is right and wrong. What we see is people (and companies) twisting and manipulating the law to favour them, and it often takes a lengthy court battle to find out the truth.

While I don't fault companies for being protective of their platforms and products, I do wish there was a clearer understanding with regards to purchasing these items. "Fair Use" isn't just a buzz-word like synergy, you know.

[Plugabugz]

And this article goes someway to explaining why PAL markets get everything late.... because?

[Shift Key]

Quote
Originally posted by: Plugabugz
And this article goes someway to explaining why PAL markets get everything late because PAL territories are a joke

Fixed

[BranDonk Kong]

They should go to some Toys R Us stores in Asia, where they actually sell pirated games, and not hardware that you can use for totally legitimate purposes.

[King of Twitch]

They glorified the pirate lifestyle in wind waker so really they've brought this problem on themselves.

[Chode2234]

Great point MJR. I laughed out loud.

[ThePerm]

Quote
Originally posted by: MJRx9000
They glorified the pirate lifestyle in wind waker so really they've brought this problem on themselves.

QFT

[Galford]

I can understand Nintendo wanting to protect it's markets, but is a sick joke.
These illegal devices are the only way some PAL terrories can play certain Nintendo games.
Certain Nintendo games that are bought legally.