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Nintendo files lawsuit against persistent R4 seller

New York-based web company accused of selling illegal devices and infringing copyrights

Nintendo has filed a lawsuit against an online retailer persistently selling R4 devices that allow users to play pirated DS software.

The company has claimed that New York-based firm NXPGAME has been selling the devices and ignoring requests to cease business, reports Gamasutra.

According to Nintendo, NXPGAME had previously complied with requests to stop selling the R4, only to then set up an "identical business at a different website address" and redirect consumers to the new one.

It added that it has since issued a series of demands requesting the retailer cease business to no avail and now accuses it of "willfully infringing on the company's intellectual property rights."

Nintendo also claimed that one of the company's websites was violating its copyrights by using registered Nintendo trademarks.

Last year a US District Court ruled that devices such as R4 chips violated the Digital Millennium Copyright Act and were illegal.

Nintendo has since won a series of victories against their sellers, including against Australian site gadgetgear.com.au, which was fined AUD $520,000 (£299k) earlier this year for dealing in the devices.

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Latest comments (4)

Mike Reddy Course Tutor BSc Computer Game Development, University of South Wales11 years ago
I'm surprised there aren't comments here already. Ok, I know the US position is different with their draconian DMCA legislation. However, I've gone on the record defending the R4 and similar technologies; most recently on MCV. To be clear, I'm aware that there aren't reliable figures on the ratio of legitimate homebrewers to people using ROMs they haven't ripped themselves; in the UK, at least, the illegality comes from downloading ROMs, even if you own the game, but simple dumping software exists now that makes ripping a matter of cart swapping. Assuming this ratio is quite low - 1 in 100? 1 in 1000? - and the latter group never ever buy software legitimately (taking aside the profit made from the hardware), I'd still defend this technology for the former group, creatively extending and improving the technology's inherrent value. Jailbreaking an iPhone, for example, revolutionises the original device. However, recent research places pirates among the biggest spenders on games. When people are committed to not paying, they were never going to be a sale lost anyway. Charles Cecil, no less, and others have challenged the existing, possibly outdated view of business. Locking things down - Sony PSP Go anyone? DSiWare Store not exactly a paragon of Nintendo support! - so the last thing we need is stable door bolting when we should be riding the horse. It hasn't hurt MUSIC, just the publishers used to a golden age of "money for nothing". The Apple iTunes AppStore isn't perfect, but it is an eye opener.
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Jim Webb Executive Editor/Community Director, E-mpire Ltd. Co.11 years ago
Mike, the problem is that you are inadvertently pitting Nintendo against 3rd parties.

While your support for R4's extends to the idea of expanding the consoles functionality it is at the sacrifice of 3rd parties far more so than Nintendo. As you stated, Nintendo gets money from the hardware already but what do 3rd parties get out of that equation except for lost revenue?

And I don't understand your iTunes analogy. iTunes is like Steam, not an R4 chip.
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Mike Reddy Course Tutor BSc Computer Game Development, University of South Wales11 years ago
Fair point, but I think that many believe that the biggest problem for 3rd parties is Nintendo. I'm not alone in thinking that the "lost revenue" is more ephemeral than actual lost revenue. We may need to agree to disagree, but the music industry has seen a move away from a few major players to many smaller ones. Where iTunes is unlike Steam is the vast array of FREE or PENCE versions of games, although they DO still need to get Apple approval. The analogy was not with the R4 chip, per se, but with the relative ease of 3rd party to customer, which Wii/DSiWare and to a lesser degree XBox Live Indy channel have failed to deliver.
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Show all comments (4)
Mike Reddy Course Tutor BSc Computer Game Development, University of South Wales11 years ago
Readers may be interested in a parallel discussion here:
[link url=http://www.gamasutra.com/php-bin/news_index.php?story=28552
]http://www.gamasutra.com/php-bin/news_in...[/link]
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