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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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Kath Brice