Nintendo Cracks Down on Copying Devices

Adrian Lopez writes "Nintendo is cracking down on mod chips and copying devices with the help of the Hong Kong government. 'The Hong Kong High Court has intervened, at Nintendo's request, to help stop a global distribution operation involving game copying devices and modification chips that violate the copyrights and trademarks of Nintendo DS and Wii. On Oct. 8th, the court ordered the raid of Supreme Factory Limited facilities, through which Nintendo representatives seized more than 10,000 game copying devices and mod chips over the course of three days. The devices seized are used to copy and play Nintendo DS games offered unlawfully over the Internet, and the mod chips allow the play of pirated Wii discs or illegal copies of downloaded Nintendo games.'"

Re:It's a lose-lose.

[ilovegeorgebush]

No it's not. They're chasing down copyright thieves who are violating the use of their software/hardware. If they shutdown one factory and seize (from the article):

more than 10,000 game copying devices and mod chips

then they've already made a win. Sure, if people are using these for legitimate means (i.e. making backup copies of their purchases) then they're hurting the good guys; but let's face it, the majority of mod users are breaking the law so they don't have to pay.

Don't get me wrong, I hate all this Facist Copyright theft chasing, but I just don't think the recent raid was 'a big waste of time'.

But it's CHINA!

[NealokNYU]

This is China we're talking about. It's not hard to find information about their almost total disacknowledgment of international copyright laws. Let's start with a Google search. [google.com]

Software piracy is the norm. You can acquire scandalously cheap, perfect-looking copies of everything from Office to Everquest for dirt cheap, i.e. cents, not dollars. The Chinese government has been remarkably slow in taking action to support the authority of nations seeking the enforcement of copyright laws, and while I doubt this action will have any real effect, if it's the sign of a larger commitment to action-- and it well could be, what with China's footprint in the global economy increasing every day-- this could well be a major sign of things to come.

Re:Chasing users?

[FlopEJoe]

have means of identifying legitimate/illegitimate users

I'm assuming sarcasm but I've always wondered what is legitimate with the DS. You can use R4 (and others like it) to play movies, read ebooks, listen to music, and play homebrew your DS. That's hours of entertainment without touching an illegal, downloaded ROM or altering your rig in anyway. The R4 isn't like plopping an EPROM in a console or rerouting wires since it doesn't alter anything the DS was sold as... not even the firmware.

Then the step further, you can buy ROMs, dump them and, and put multiple games on your DS. Most would find the convenience in traveling without all the ROMs or the chance that your kid drops it down the air duct shaft. But is that legitimate to Nintendo? Seems the same as ripping my own CDs and putting them on my MP3 player.

Re:Booo!

[Mathinker]

In such a consumer dystopia, I'd think that open-source games would start to gain a foothold in the old off-line, infinitely replayable niche, and eventually the proprietary game producers might partially return to produce games for that niche. Look, we're not talking MS vs. Linux here, you don't use games to run all the other programs on your computer.

Of course, by that time widespread use of computers as general purpose computational platforms might be dead, so the open-source games couldn't compete (e.g., Linux on Playstation 3 cannot use the GPU). I would hope not.

Comment removed

[account_deleted]

Comment removed based on user account deletion

Re:But they wont achive much

[jamar0303]

In Japan, they do- it's called the Play-Yan. Strange that they don't try to sell it outside Japan.

Colors!

[tepples]

I'd bet a lot of money that use of these devices for the purpose of personal backups pales in comparison to their use for playing copied games.

Some people on the gbadev.org forums have stated that they bought a DS and a homebrew card just to use Colors! [collectingsmiles.com]. So I have only one thing to say about your assertion: Citation needed.

Re:Booo!

[maxume]

Nothing, but in a world where it is (from a technical standpoint) trivial to duplicate digital media, banning said duplication because forcing people to take care of their things because it is a good moral character builder is insane. I like to examine insanity, so I asked the OP a question designed to elicit further insanity.

Nothing New

[Anonymous Coward]

Console manufacturers have been eliminating freedom for years. This is why people should be going with a PC with GNU/Linux as an operating system and open-source games. No more lockout and it is totally legal. Pretendo, Sony-Bony, and Microshaft are all in it for the money and are willing to eliminate freedom by cracking down on the mod chips and copying devices to earn that money. The Mod chips give people the freedom to play open-source games on their console, something Microshaft, Sony-Bony, and Pretendo don't want. The copying devices and mod chips allows someone to back up their games, something else the big three don't want so they can milk even more money from their sheep. GNU/Linux has no need for mod chips. A copying device for GNU/Linux is a cd/dvd burner, flash drive, hard drive, solid state drive, etc.

As anyone can see, GNU/Linux and open-source wins hands down when compared to Sony-Bony, Microshaft, and Pretendo.

Re: What kind of excuse is this? - This one!

[gabrieltss]

My family owns an original Nintendo NES, Super Nintendo, Nintendo64, Nintendo Gamecube, and a Nintendo Gameboy Advanced. We are a Nintendo specific game family. We have purchased litterly hundreds of ORIGINAL cartridges and CD's for these systems that totals up to A LOT of money spent. I was able to get ahold of a Super Wildcard for my super nintendo a few years back and yes I did backup ALL my cartridges for my Super Nintendo and I am glad I did. I now have two that won't work anymore becuase the contacts on the cartridge are so worn. Even cleaning them didn't help. Do you know how HARD it is to find OLD nintendo cartridges to replace them? Even GameStop is slowly phasing out nintendo stuff to put in more XCrock shit! I don't own an XBox, I WON'T own an XBox. I'm starting to think Microsoft bought up GameStop too. At least I can still play my LEGALLY purchased Super Nintendo games on ZNes on the PC in Linux. At this rate I don't know if I will buy a Wii. Anyone know of a legit place that won't rip you off to purchase backup devices for the old nintendo NES, nintendo64's and gamecubes. I have one gamecube Cd that is starting to have problems now too! I want to be able to LEGALLY backup my games damit! Fuck the RIAA, MPAA, Nintedo et al.. If I won't be allowed to backup up my LEGALLY purchased stuff I won't be doing anymore purchasing. It will save me a lot of money at least and less in the pockets of the media outlets that seem to think it is their god given right to get my money!

My thought is that the game console makers should produce their own game backup units that would allow you to legally backup your games. Even if it put like a serial number into the backup of the game so it could be traced back to the original owner if they decided to "pirate" them. This I think would protect BOTH the consumer and the media outlets rights. The consumer could legally backup his legally purchased media and if they gave out a copy to someone else and the meida outlet found a copy floating around they could trace it back to whoomever gave it out and prosecute them. Simple I think.

At least I have my old Amiga 2000 system and all the tons of games I bought for it. Oh that's right I am glad I made backup copies of those too so I could play them on UAE under Linux on my PC, since my Amiga 2000 floppy drive died and try to get a replacement for one of those!

Starting to see the LEGITIMATE need for backup software/devices??????

Re:Typical lies

[rabiddeity]

I'll back you up, except that I go the other way. I have a Japanese Wii that I've bought here in Japan. Sometimes I want to play a game that I see on the shelf at the local stores. But sometimes I just want to sit down and play a game in English. Unfortunately, since Nintendo released their system region locked, a mod chip is the only way I can reasonably do that. If the MAFIAA broke down my door today, they'd find a chipped Wii and a bunch of legally purchased Japanese and US games, and no "backups". Yeah, I actually do buy my games. But what, does Nintendo want me to buy two systems which are identical except for the region lock? Sorry, no quack. I want to play games ON the system, not play games WITH the system.

The DS raids I can kinda understand their reasoning. DS is already region free, and there are no discs to scratch, so that nixes the two main legitimate reasons to install a modchip. But that doesn't mean it should be illegal to mod a system you've purchased. I would hope if they continue to attack the modchip makers instead of the illegal software distributors the doctrine of first sale is going to eventually come around and bite them in the ass.

Re:"Blatant Stealing."

[RyoShin]

You can argue that those who steal games wouldn't buy them in the first place, but then why steal them? Why get something that doesn't have value? Okay, you can extend that to say this is true for those below the poverty line, and I'd agree, but we both know that is not only poor people that pirate. I'd think that some (more than a tiny fraction) of those who pirate can afford (or at least save without much effort) and would buy the game if it was the only way, but would rather be cheap/fight "the man" and pirate it instead.

For shits and giggles, let's run with your idea of a copying device. If everyone could easily make their own duplicate Ferrari*, then very few people would pay. Why therefore, would Ferrari want to continue making cars? Some argue that is their problem, not yours. Alright, so now you have your own Ferrari, sweet. And every day your drive your Ferrari. And now it's getting kind of dull, even when you invite friends over to ride your Ferrari... (remember, this is about entertainment, so practical uses are irrelevant for the analogy).

So now what? You keep using the same Ferrari, over and over? I sure bet you'd like a new Ferrari to copy and use. Maybe something with a new built-in holographic projector and hooker bot (this is the future, after all). But, because no one was buying their cars, Ferrari had no interest in creating new cars with more auto advancements and interesting/innovative features. If they still exist at this point, they're probably surviving on a service model. Upgrade? What upgrade? Aside from fixing some mechanical issues in the car, giving extra features in upgrade packs usually get copied as well, so why bother.

But you have your Ferrari. Too bad no one cares, because now everyone else does too.

You see, it's not just economics and legality that are at issue here, it's innovation and incentive for those who produce these things. It's why we have things like Madden '08 and Tony Hawk Ultra Super Neat Skater 7, but no Skies of Arcadia 2 (or any number of original properties that never saw the light of day). Companies are banking more on established games that will reach the masses rather than new material or indie stuff, because apparently a lot of people who would actually be interested in newer stuff are the same kinds who have the ability and desire to download instead of pay for them.

So before you pirate, think of the Ferraris.

* I've ignored a whole other part of the requisite auto analogy that would cause it to break down, such as other immaterial things that can't be copied like insurance, registration, etc.