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TalkBack / Re: Nintendo Loses DS Flash Card Case in French Court
« on: December 04, 2009, 04:48:43 PM »Quote
The main problem with the flash carts is that they compromise the security of the system in which they use to deliver content to those that have bought it. It is how they make their money after all. If this takes hold, what ramifications does it have in the European Market?Trying to stop piracy by technological means is a dead-end; piracy is already illegal. There will always be a way around it. At least with flash carts, people are buying Nintendo hardware (as opposed to running emulators on computers or other handhelds).
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And the second someone makes a pornographic homebrew game and it falls into the hands of a child, who will be getting sued?Erm, if you want to pin the liability on anyone, I would say whoever gave it to the child (or [negligently?] allowed the child to come into possession of it). I fail to see how DS flash carts differ from any other platform in this regard. There are many companies involved in content creation for the DS. I find it hard to believe that most people would be any more confused about a Square game being played on a Nintendo DS than about a Warner Bros. movie being played on a Sony DVD player.
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I think that judge forgets that Nintendo makes it's own systems that are closed. If they want to develop something there are open options or licensing available. If someone is going to violate the terms & usage of something that I myself researched, developed, manufactured, distributed and now use to make money, then I think I have every say on how it can and can't be used.What right does Nintendo have to say what I can and can't do with a physical object that I bought from them? Don't I own it, not them?
I am not in support of piracy (nor am I even all that interested in homebrew: I have regular computers I can run whatever I want on; running homebrew on consoles is just extra work), but I am very much against the idea of a company being able to exert control over hardware I own. If they really wanted to stop piracy, they would provide for legal ways to run homebrew apps which could not be used for piracy.