Nintendo Lost Court Case for Locking Homebrew Access

BREAKING: Judge rules Nintendo ILLEGALLY protects systems', should be like WINDOWS!!!We have just heard that Nintendo has today lost a major court case against the Divineo group in the main court of Paris. Nintendo originally took the group to court over DS flash carts, however the judge today has ruled against Nintendo and suggested that they are purposely locking out developers from their consoles and things should be more like Windows where ANYONE can develop any application if they wish to. The ramifications of this are huge, as it indicates that flash carts are actually legal. Moroever, it could have bigger implications for developers and the like because Nintendo is deemed to be 'illegally' protecting their system by locking users out. Therefore, developers should not actually require separate development kits and should just be able to develop applications as they wish on retail versions of Nintendo's consoles.And on a final note, this truly was a HUGE court case, up in the main court of Paris France and seems likely to be relevant to the whole of Europe.Essentially, if people have to 'hack' the system and use Flash Carts to do develop, then it's all fine because Nintendo has left them with little other choice and the system should not be protected in such a restrictive way.Full court documents will be available soon.

Okay, this is great. This means no one gets busted for homebrew, and I guess it means Wiis are free too. What do you guys think, since this is new from last month.PS Maybe someone can sue Sony. ;D;D;D;D

Re: Nintendo Sued for Locking Homebrew Accesshm....I don't see why it would be illegal for Nintendo to block flash carts...The Game Industry has a right to block items and programs that can make their systems to play illegal copies of their OWN games.That is why there are firmware updates and why they gave the DSi upgradable firmware unlike the DS Phat and Light. (this goes for Sony as well with the changing of their firmware almost completely in 6.XX versions).I've never heard of a court system that has supported something like this.The Wii is totally different than the DS/DSi.You have to hack it in order to play games or homebrew.For the DSi/DS Phat/Light, all you have to do is stick a cartridge in and you have homebrew/roms.

Re: Nintendo Sued for Locking Homebrew AccessTitle is misleading. According to the article you posted, Nintendo was not sued. Nintendo took another company to court over them making devices to allow piracy (and homebrew) and lost the case.

Re: Nintendo Sued for Locking Homebrew Access

Replying to #3

Hrm...good point.

ace1o1 · #2hm....I don't see why it would be illegal for Nintendo to block flash carts...The Game Industry has a right to block items and programs that can make their systems to play illegal copies of their OWN games.That is why there are firmware updates and why they gave the DSi upgradable firmware unlike the DS Phat and Light. (this goes for Sony as well with the changing of their firmware almost completely in 6.XX versions).I've never heard of a court system that has supported something like this.The Wii is totally different than the DS/DSi.You have to hack it in order to play games or homebrew.For the DSi/DS Phat/Light, all you have to do is stick a cartridge in and you have homebrew/roms.

Much agreed, I'd want to protect my software/hardware anyway I can.Sure flash carts ca play homebrew...but what was the original purpose they were built for?Surely adding the ability to play game roms wasn't made out of good faith.They should allow flash carts to play homebrew apps only and not roms...A sad day for nintendo and it's loyal fans wanting to see this company live on another decade :(

Re: Nintendo Sued for Locking Homebrew AccessCorrect me if I'm wrong, I understand Nintendo lost a lawsuit, about anti-pirating their games on flash cards compatible with the DS?. ie the R4?something like this the situation?

Re: Nintendo Sued for Locking Homebrew Access

Replying to #5

Yeah.Nintendo took people to court and they lost a lawsuit over homebrew.The title is misleading. Nintendo was suing the people who had the flash carts, but unfortunately lost.... :(

Re: Nintendo Sued for Locking Homebrew Accesswell then, hopefully ends not by collapsing nintendo or something.
but that they should have been hurt, oooooooooooooof course they yes

Re: Nintendo Sued for Locking Homebrew AccessIn full agreement with the rest of the folks. The title needs to be changed, as it was the other company on the end of litigation. Think your titles through clearly before you post them.

Changed title. I know this is weird and all, but they lost a court case, so they legally can't block HOMEBREW access. They can block illegally playing games however they want.

Replying to #9

But in an ironic twist...the only way to do so would be to block the item in question that plays homebrew as well as illegal games.So according to this case, they can't block any flashcarts. :)

mikeac · #9Changed title. I know this is weird and all, but they lost a court case, so they legally can't block HOMEBREW access. They can block illegally playing games however they want.

They can still block homebrew. The judge's opinion means little, it's just why the judge ruled the way he did. They just can't get anything from the company that had the homebrew enabling devices. Their opinions and reasoning behind their decision are not actual rulings. Just because the judge did not rule in favor of Nintendo in their actions against the homebrew device company does not mean that Nintendo has to stop all homebrew blocking methods they are using.Now if the company in question turned around and took Nintendo to court for blocking their devices, and won, and Nintendo was ordered to stop blocking the devices, then that would mean they would have to stop (but that will never happen).

After reading this, I can't help but smile :D

Well..after reading this i want to smile :D..P.S... nintendo ds lite and phat cant watch movies,listen music and etc etc....thats y they win the case?
the this makes us a little bit even to psp

Replying to #13

To that I agree.
Nintendo can sue their ass off homebrew and flashcarts, but they will have only 0.0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000001% win

azlanshah · #13Well..after reading this i want to smile :D..P.S... nintendo ds lite and phat cant watch movies,listen music and etc etc....thats y they win the case?
the this makes us a little bit even to psp

Yeah, they can. MOONSHELL BAYBAY.

Replying to #14

CloudBoii12 · #12After reading this, I can't help but smile :D

That makes me happy.

TirithRR · #11They can still block homebrew. The judge's opinion means little, it's just why the judge ruled the way he did. They just can't get anything from the company that had the homebrew enabling devices. Their opinions and reasoning behind their decision are not actual rulings. Just because the judge did not rule in favor of Nintendo in their actions against the homebrew device company does not mean that Nintendo has to stop all homebrew blocking methods they are using.Now if the company in question turned around and took Nintendo to court for blocking their devices, and won, and Nintendo was ordered to stop blocking the devices, then that would mean they would have to stop (but that will never happen).

That makes me sad... DAMN I sooooo hoped for ninty to never block flashcarts again. How the hell are they supposed to allow ONE homebrew dev to release programs, but screw everyone else?

I'm very surprised at you guys :)With Nintendo losing that case y'all should be jumping for joy as teh Pirates won LOL!But, I do commend you guys for seeing this as something that in the long run "may" have bad implications as it "might" lead to game developers deciding to stop developing new games as pirating their games would now sound legit. And to avoid further loses they might just stop altogether.On the other hand, Hoebrew is promising as outside developers have creative ideas that the mainstream companies seem to be drying out as of late.