Topic: Nintendo Sues Nyko for Wireless Nunchuk

[Flames_of_chaos]

Source

Nintendo Sues Nyko Over Copies of Wii System Remote Controllers

Nintendo Co., maker of the Wii video-game system, sued accessory seller Nyko Technologies Inc. over what it says is a knock-off of the Nunchuk remote controller used with the popular system.

Nyko sells a wireless Kama Nunchuk designed to work with the Wii system. Nintendo contends the Nyko product copies its patented designs and infringes its trademarks for the Nunchuk name and packaging. The word ``nunchuk'' refers to a martial-arts weapon made from two sticks connected with a chain.

The Nyko product ``wholly appropriates the novel shape, design, overall appearance and even the color and materials used in the Nintendo Nunchuk controller,'' Nintendo said in the federal court complaint, filed June 10 in Seattle.

In the Wii system, a player moves the remote and a character on the television screen mimics that motion, such as an underhand throw for bowling or a swing for tennis. Nunchuks are used when the game calls for motion by both hands, for instance when punching in the boxing game in Wii Sports. It's connected to the main remote by a plug and wire.

``We have not knowingly violated anyone's intellectual property and we're still examining this,'' Nyko spokesman C.C. Swiney said yesterday in a telephone interview.

The Wii is the most-popular video-game console in the U.S., with 714,000 machines sold in April, Nintendo has said, citing results from researcher NPD Group Inc. The console is often sold out at stores, as is the new exercise game ``Wii Fit'' that first went on sale in the U.S. last month.

Closely held Nyko, based in Los Angeles, makes other accessories for use with the Wii, including a charging station for the remotes, carrying case for the console, and adapters. The accessories for the Wii and other game consoles are sold online and at retailers such as GameStop Corp. stores.

The Kama Nunchuk, which is advertised as avoiding the ``restrictive wires'' of the Nintendo Nunchuk, sells for $33.99 on Amazon.com Inc.'s Web site. Nintendo's Wii Nunchuk sells for $19.99.

Nintendo, based in Kyoto with U.S. offices in Redmond, Washington, accuses Nyko of infringing two design patents and its trademarks. The company asked the court to order Nyko to stop selling the wireless controller, and seeks cash compensation.

Nintendo's lawyers are Harry H. Schneider Jr., Susan D. Fahringer and William C. Rava of Seattle's Perkins Coie.

The case is Nintendo of America Inc. v. Nyko Technologies Inc., 08cv907, U.S. District Court, Western District of Washington (Seattle).

[ShyGuy]

I thought it was mentioned way back when that Nintendo had licensed third party controllers for the Wii.

[Morari]

Who buys this crap anyway? The nunchuk's wire has never gotten in my way.

[Flames_of_chaos]

I thought it was mentioned way back when that Nintendo had licensed third party controllers for the Wii.

The Nyko Nunchuk is NOT licensed. If a 3rd party peripheral maker wants to license their product it's their responsibility to submit it to Nintendo for certification. 95% of third party controllers and accessories are not licensed.

[Kairon]

This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T

[DAaaMan64]

The've always been mean about stuff like this. Remember that BS with rental games?

[Kairon]

The've always been mean about stuff like this. Remember that BS with rental games?

No! It's not true! It can't be true!

*shakes head furiously*

You're all just jealous!

[DAaaMan64]

Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.

[Maverick]

Nintendo is the popular kid that picks on the little guy who got outcast when the other kids found him touching himself inappropriately in the middle of math class who then held on to the few friends he had left only to become more popular a few years later by showing off his "waggle wand" to all the fly honies in the girls locker room who is now popular again and is back to his bullying ways.

[Morari]

Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.

Why would they want to allow rentals? They don't see much of a profit off of that and the used game market at all. It's pretty much the equivalent of piracy in their eyes. Personally, I'd be much more inclined to pirate software than to rent it for the outrageous prices that stores tend to charge.

[DAaaMan64]

Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.

Why would they want to allow rentals? They don't see much of a profit off of that and the used game market at all. It's pretty much the equivalent of piracy in their eyes. Personally, I'd be much more inclined to pirate software than to rent it for the outrageous prices that stores tend to charge.

Oh I see why they wouldn't want to allow rentals.  But every person in that company can sympathize with the consumer in a sense that the consumer doesn't want to risk the loss of their $50 bucks on a shitty game.  Not to mention the movie industry had already survived the rental market on their products and their products are on average much cheaper! so with Nintendo being a wildly successful company, having them attempt to stop that type of practice is rather douche like.

[KDR_11k]

"Nunchuk" refers to the attachment to the Wiimote, "nunchaku" is the weapon. AFAIK the wireless clones are called nunchakus here.

Also while Nintendo would love to kill the rental market they have no right to do so.

[stevey]

I think the real reason is the wireless nunchuk causes hundreds of problem for Nintendo and they got sick of telling people to unplug it to get what ever want to work again. What worst it's causes stuff to malfunctions that are directly related to the nunchuk, like the wii pointer, so people don't think the nunchuk is the problem causing them to replace countless working parts because of it...

[Mikintosh]

Yeah, I kinda like connecting the nunchuk to the remote; it makes it seem like one controller, and I wouldn't want them to be operating independently. That said, I bet they're suing because either 1) they don't want people asking them for a wireless nunchuck and so are discouraging the one that's on the market or 2) they are developing one and that don't want the competition. And in Nintendo defense, the Nyko product look's a lot like Nintendo's (though I doubt it would make sense to make it substantially different, for practical reasons).

[Flames_of_chaos]

Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.

Actually Nintendo sued Blockbuster years ago because Blockbuster photocopied all the manuals for each game.

[Flames_of_chaos]

This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T

Nintendo is "mean" because Nyko's wireless Nunchuk is a blatant copy down to the same materials, form factorr used for producing these nunchuks. Nyko would of saved so much trouble if they would of went through the process of getting this certified and licensed by Nintendo (it probably wouldn't get certified because they are performance issues with numerous Wii games).

[DAaaMan64]

Yes it is true. Nintendo didn't want companies renting out their games. So they sued them for using the actually instruction manuals as being copy right infringement. Thats why you get re-written instructions now.

Actually Nintendo sued Blockbuster years ago because Blockbuster photocopied all the manuals for each game.

I'm referencing this from Game Over, the updated version.  Nintendo did not want people renting their games.

[animecyberrat]

Correct you both are. There were 2 law suits though not just the one. The first was to stop rentals altogether, which they failed to do. The second was for the infringement relating to the photocopying of the manuals.

[DAaaMan64]

Correct, it was looked at as "another way" to go after rentals.

[UncleBob]

As I've noted before, I'm no fan of Nyko...

Something to consider, this could be a warning shot to Sony and Microsoft in case there's any truth to the rumors of their motion controllers...

[Flames_of_chaos]

As I've noted before, I'm no fan of Nyko...

Something to consider, this could be a warning shot to Sony and Microsoft in case there's any truth to the rumors of their motion controllers...

Umm UB Sony does have a motion sensing controller out in two flavors, Sixaxis and the dualshock 3. But nyko got sued because of them blatantly copying the nunchuk down to every little detail.

[UncleBob]

There are rumors that Sony (and Microsoft) is working on a controller very similar to the Wii Remote - not the SixAxiS, but something with "real" motion sensing...

[Flames_of_chaos]

There are rumors that Sony (and Microsoft) is working on a controller very similar to the Wii Remote - not the SixAxiS, but something with "real" motion sensing...

But sixaxis is motion sensing just stuck in the wrong type of controller. The sony rumor is a sixaxis that splits into two pieces.

[NinGurl69 *huggles]

And probably does nothing right other than breaking.

[Chozo Ghost]

This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T

Nintendo is "mean" because Nyko's wireless Nunchuk is a blatant copy down to the same materials, form factorr used for producing these nunchuks. Nyko would of saved so much trouble if they would of went through the process of getting this certified and licensed by Nintendo (it probably wouldn't get certified because they are performance issues with numerous Wii games).

Although you make some excellent points, I can't help but wonder why Nintendo is pursuing this. These peripherals are still designed to work for their Wii, so it's not like its benefitting their competitors or anything. I could see them suing Sony or MS for making something like this for their systems, but this is from a 3rd party and it is for Nintendo's own system...