Nintendo sues

Florida-based seller of DS flash carts targeted for "blatantly" promoting and selling hacking devices, pirated games

While most companies tend to keep quiet about their litigious activities, Nintendo has used them to send a message, telling potential patent trolls that they will not settle, and letting pirates know they will be pursued. The company used that tactic once again today, announcing that it has filed suit in the Southern District of Florida against the owner of the Miami-based website

According to Nintendo, the site "blatantly promotes and sells unauthorized Nintendo games along with devices and services that circumvent the security in the Nintendo DS system and the Wii console." As of this writing, HackYourConsole's wares seem to consist solely of flash carts and micro SD cards that can be used to store and play pirated games and homebrew software. However, the site's Facebook account suggests this was not always the case. The following is update posted to the Facebook account on December 26, 2012:

So yesterday a guy texts me asking how much for wii games on his Harddrive that he only needed wii games because he was able to mod the wii himself BUT downloading the games was taking forever. I said $50 for 200 wii games. (Which includes all the mario & most popular games...) Then he's like "listen I only need 20 games how much is it?" I answered "$3 each or $50 and I fill up your drive" his answer? "thanks man but nvm free on the Internet." Well it's Christmas and your Contacting me to ask when my ad already says the prices & you are complaining its taking you forever to download the games yet you cant afford $3?!?! Of course I'm going to call you cheap. HELLO just ONE game is around $45 with taxes! Jesus -.-" why can people see the big picture? & i also had to download the games myself + format them to wbfs so psh to you! ( I'm going to rant a lot every once in awhile bare with me... )

Nintendo's announcement also put a face on the piracy problem with a statement from Jools Watsham, co-founder of indie developer Renegade Kid (Mutant Mudds Deluxe, Dementium: The Ward).

"Piracy on the Nintendo DS system has a huge impact on games sales," Watsham said. "It can affect everyone involved, including the many honest players out there. If independent studios, like ours, are unable to recoup the money they invest into game development, through the sales of their games, we will unfortunately see fewer independent games developed in the future."

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Latest comments (4)

Keldon Alleyne Developer, leader, writer, Avasopht Ltd4 years ago
Cue the horns!
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Jeffrey Ates Critic/Writer/Enthusiast 4 years ago
The site was run by idiots. Instead of sticking to homebrew and applications and stuff and getting dosh from ads, they sell illegal goods (Illegal since the nature of the cartridges are to play stolen software) out in the open. Idiots.

Edited 2 times. Last edit by Jeffrey Ates on 8th August 2013 11:57pm

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Paul Jace Merchandiser 4 years ago
So this piracy site shouldn't be up much longer.
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Show all comments (4)
Clearly idiots specially if he's fbing it however, the idea piracy has a major effect on game sales is a fallacy, with a console only a handful of diehards will bother with all the complexities and limiting factors of modding it and playing hacked games on it, don't know which personage started the rumour piracy = lost sales, but thats what is an unsubstantiated illogical rumour, even on PC, people who pirate games tend to buy them later if they liked them(except for students/bums who buy them years later when they get jobs) and if they didn't they don't, however were there no such thing as piracy, they would have either A bought the games they liked based on demos and not bought any of the other games they pirated (however also never told any of their friends about the game who may buy it or pirate then buy it) or B bought neither, as the demo's aren't in depth enough to tell if they liked the so they may only buy 1 or 2 a year and/or wait for bargain bins years down the line.

A pirated copy is not a lost full sale price copy the vast majority represent $0 value if eliminated and reduced numbers of sales overall, if anything its free advertising, independant studies have been produced to this effect, however conveniently forgotten by people trying to sell drm or excuse falling games sales, or less then they like at the very least on pirates rather then their own many and varied shortcomings, ranging from the official price, the prices they set during the products tail, dlc, content, type, quality, so and so forth, no matter what you do your game if its not an MMO (and even then it will get emulated if its popular enough which eventually means pirated copies can appear) will get pirated, might as well quit wasting millions on court cases to what prove a point on the handful of idiots and scapegoats that get caught and just release a free copy of your game, maybe one that can remind the player if they like it buy and upload it to Pirate bay yourself, rather than encouraging the pirates, the fact that no major company has even been willing to try something like this on a single title to see how it effects game sales if at all, shows that facts seem to mean little when it comes to such things.

You will never eliminate piracy, its human nature, there are more pirates then developers, in fact the primary issue with piracy today that limits it, is storage space, transfer rates and internet bandwidth, if a cheap very high density small scale storage where to ever enter the market, it would become far more popular(say a usb stick sized object with 10's of terabyte capacities capable of storing immense amounts of data, and copying it rapidly), might I suggest the more learned acquire a copy of Peter F Hamiltons 2002 Book - [link url=""][/link], which paints a vivid picture of the results of this eventuality as side story, given his previous books subject matter's predictions have shown innering similarties with much later actual events, it should not be dismissed to lightly.

Additionally respect for the law among the average populous is at an all time low, government's and corporations breaking or misusing laws constantly in news combined with there being more laws then ever before in human history, a great deal of which are not exactly embraced by the majority of people has contributed to an environment of dis-respect for all laws, there are simply to many laws regulating to many things the chances the average person will be forced to break the law at some point in their life in some way or other (or by accident) just to do relatively harmless things often only to themselves (and often when they're students or around that age ie exactly when they're most likely to be pirates) is at an all time high, having to break the law in one way, along with there being to many badly respected laws governing things governments have a questionable at best right to legislate over is to encourage a general disrespect for the law among the average member of society that is equally unprecedented, not to mention calling software piracy.... piracy has hardly done wonders to discourage it among students, it simply makes it sound "cool" and encourages sales of pirate flags, stickers and patches and Johnny Depp films.

Unfortunate side effect of electing politicians is they always feel like they have to be making up new laws to justify they're existence and to make they're mark, so worldwide the number of laws has reached ridiculous proportions, as has the assumption of the average politician over what they have the moral right to legislate over, in my personal opinion there should be only as many laws as people can easily be taught at school from a young age, having legal systems where ignorance of the law is no defence and yet no single human being no matter how long they study could ever know the entirety of the law makes a mockery of the word justice in the justice system, and encourages a general lack of societal cohesion that occurs from a lack of respect of the laws of the land, and leads directly to many of the issues faced by businesses and frankly the world today such as fraud, theft and piracy.

Edited 1 times. Last edit by Alexander McConnell on 12th August 2013 12:31am

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