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    Nintendo Loses Flash Card Battle in France

    on 04.12.2009 at 20:44 User Icon Posted by Adam Riley (jesusraz) Number of Comments Comments: 20 Number of Reads Reads: 27733
    Tag Tags: R4, Flash Card, Piracy, DS, Nintendo, High Court, France
    Whilst Nintendo is striving to prevent any forms of piracy on its systems, its cause just took a hefty knock. Piracy, via the likes of the R4 Flash Card for the Nintendo DS, has become even more of an issue for Nintendo in recent years, with numerous developers pointing to the ease of pirating DS software as the reason behind flagging sales lately. Responding to this, Nintendo has attempted to alleviate the problem by cracking down on devices such as the R4 in the hope of putting a stop to the illegal shenanigans that can take place using them. However, since the Flash Cards can also be used for legal purposes, such as video and music playback, as well as homebrew development, a ruling at the high court in Paris, France has gone against the Kyoto Company. Sadly, for Nintendo, the fact that these devices add functionality means they themselves are not illegal and thus the law cannot ban them completely.

    Do you feel the ruling is just and fair, or should the R4 et al be banned completely?

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    OBJ5CTION!!!!
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    I've stopped using mine, I buy my games, I Only used it cos I had no money for a year, and the games that I played properly, I bought in the end.
    on 04.12.2009 at 21:22
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    EdEN

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     L42 Wizzrobe

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    Ok, making a device to promote piracy is legal as long as they add something \"legal and good\" to it? That is wrong in sooo many ways and goes against several precedents on the International level, but hey, France and Spain say no, so what can they do?

    ( Edited 04.12.2009 16:46 by EdEN )
    on 04.12.2009 at 21:35
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    EdEN said:
    So making a device to promote piracy is legal as long as they add something "legal and good" to it? That is wrong in sooo many ways and goes against several precedents on the International level, but hey, France and Spain say no, so what can they do?


    It's perfectly fine. You cannot ban devices just because they might also be used for piracy. Otherwise, VHS would have never arrived (it was actually attempted to put a stop to it), DVD, hard drives, the processor, the internet in general...

    Not to mention lack of decent evidence to indicate piracy genuinely hurts sales, especially to any major industry destroying degree.
    on 04.12.2009 at 21:45
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    Which developers point to piracy as the biggest problem for selling which games exactly?
    on 04.12.2009 at 21:45
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    I'm a massive fan of homebrew (PuzzleManik and ComicBook DS especialy), but am proud to say Ive never used a ds game rom on my homebrew card.

    I'm quite surprised there's no way to block pirated roms yet allow homebrew. Cant they just block of a region of ram? (So homebrewers get almost, but not quite all the system spec, but licensed developers can access the lot.And because their roms reference the portion of the memory homebrew cant access, they wont run?)

    While I'm positive theres no way to 100% block piracy, at least using a method like this would mean they could legally prevent devices that bi-pass it, as there would be no legitimate reason for using them.
    (unluck normal homebrew devices).
    on 04.12.2009 at 22:09
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     L41 Zola

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    Well, considering that these devices are still legal, and they are the only way to get pirated games to play on the DS, I don't think that Nintendo can do anything to stop people from playing pirated games. They could go after the distribution of the roms, but that never works.
    on 05.12.2009 at 00:24
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    Josef said:
    Which developers point to piracy as the biggest problem for selling which games exactly?

    I've heard many developers complain about it, same as PC devs bemoaning low sales on that platform for the same reason.

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    on 05.12.2009 at 01:27
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    And at the same time Nifflas made good money while putting his games up for free on his website.

    I want specifics though, there's probably good reasons why the 'games' of these 'developers' didn't meet their expectations besides piracy.
    on 05.12.2009 at 01:33
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    Y'know, Nintendo could easily solve these problems by adding the functionality of things a Flash Card can do to the console itself.

    What use is Homebrew if all it does for the system is piracy? Smilie
    If the Wii was region free, DVD compatible and allowed button mapping for VC games for example. I would have no need for Homebrew.

    For Flash Cards to not "add functionality", the DS should be doing all these things as standard. There's no excuse really, if Homebrewers can do for free what Nintendo still haven't done.

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    on 05.12.2009 at 02:10
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    ^ I agree, plus Nintendo's technology is so primitive it makes it even easier to pirate games.
    on 05.12.2009 at 05:06
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    Actualy, the anti-piracy messures on the DS are pretty darn advance.
    The crackers are just advanced-er Smilie

    As normal in this sort of thing, the encryption wasn't broken so much as just got-around.
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    on 05.12.2009 at 13:32
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     L42 Wizzrobe

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    Can't really compare a VHS player, of which there are many manufacturers, to a videogame console with a single propietary format from one company.

    Let's not fool ourselves, R4 cards are used most of the time to play pirated games.
    on 05.12.2009 at 21:30
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    My mum has an R4 cart, she uses it to play professor layton. I want one now, for homebrew and stuff though.
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    on 05.12.2009 at 23:56
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    EdEN said:
    Can\'t really compare a VHS player, of which there are many manufacturers, to a videogame console with a single propietary format from one company.

    Let\'s not fool ourselves, R4 cards are used most of the time to play pirated games.


    It\'s perfectly comparable. VHS is a single standard. No different than how DVD and Blu-ray have many manufacturers, yet have use the same DRM system.

    It was also widely used for \"piracy\". Programmes could be recorded to be played at a later date, and in some cases, sold. You could record each episode of a show and never have to buy the official collection when released. You could even set it record automatically at specific times, and later a standard was produced so you could insert a code (listed in TV schedules) that would do it for you.

    Let\'s not fool ourselves - R4 has legitimate users and the company and technology itself should not be considered responsible for what their customers use it for, otherwise Youtube goes, iPod will be destroyed, and the internet dismantled.

    Let\'s also not fool ourselves about piracy - it\'s an easy scapegoat for companies not willing to blame themselves for producing products people didn\'t want.



    ( Edited 05.12.2009 19:09 by Modplan Man )
    on 06.12.2009 at 00:05
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    Should be banned.
    on 06.12.2009 at 20:30
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    Josef said:
    Which developers point to piracy as the biggest problem for selling which games exactly?


    I think it's gonna be tough to find a specific example, because piracy clearly effects EVERY game available for any system. It wouldn't make any sense for a developer to say "Game1 sold about the right amount, but game2 sold less because everyone pirated it."
    YOU HAVE JUST LOST THE GAME. Sorry. Smilie
    on 06.12.2009 at 22:47
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    I don't think it affects it too much, that's my point. I don't think you can point to a developer and say they went bust because everyone pirated their games. They survive because of either good and/or popular games. You could even argue the game industry grew so much in part due to piracy and thus more people coming into contact with games they liked.
    In fact, I started gaming on a pirated commodore64 actually, as did a lot of people.
    on 06.12.2009 at 23:00
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    Piracy dosnt cause failure, but it does raise the threshold needed for success a bit.

    eg, if you lose 10% of sales due to piracy, then you need to sale 10% more to make the same amount.

    I think piracy does have a negative effect, but not a massive one. Some people who pirate games might buy games they never would have had in the first place.
    And I think this positive effect dosnt whip out the negative, but reduces it somewhat.
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    on 07.12.2009 at 17:36
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     L15 Torizo

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    I'm really pleased I have mine, I do actually have all my own games on the device... sad but I like buying stuff and these Flash Cards just let me put them all on the one cartridge.

    Wouldn't it be good if the DS allowed you to back up the games to internal storage on the device.....
    on 22.04.2010 at 14:54
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