Spanish judge throws out criminal case against DS flash cart seller
by JC Fletcher 
{ Nov 23rd 2009 at 7:45PM }
Judge D. Gregorio Alvarez Alvarez of Salamanca, Spain, dismissed a complaint brought by Nintendo against Grupo Movilquick, which sells the DSTT flash cart in Spain. The judge ruled that though the device does circumvent Nintendo's DRM, and can be used for piracy, it can also be used to extend the functionality of the DS in other, legal ways -- such as, according to Google's translation of the judge's statement, "backing up original games or other various functions such as managing photos, music or performance of (free software)."
The judge notes that Nintendo might still have grounds for a civil lawsuit if it can be proven that the DSTT infringes on a Nintendo industrial design patent. But his ruling is a far cry from the usual "flash carts are piracy machines" rhetoric that (understandably) angry companies like Nintendo perpetuate.
[Via GamePolitics]
The judge notes that Nintendo might still have grounds for a civil lawsuit if it can be proven that the DSTT infringes on a Nintendo industrial design patent. But his ruling is a far cry from the usual "flash carts are piracy machines" rhetoric that (understandably) angry companies like Nintendo perpetuate.
Reader Comments (Page 1 of 1)
JC @ Nov 23rd 2009 8:01PM
http://texaswine.com/images/Baby-pirate.jpg
First comment
edes @ Nov 23rd 2009 8:06PM
QUICK GUYS! DOWNVOTE HIM!
Cheesus Crust @ Nov 23rd 2009 8:52PM
Kill it with downvotes!
Engerz @ Nov 23rd 2009 9:15PM
Dios mio!
Engerz @ Nov 23rd 2009 9:16PM
Grr, I meant to reply to the first post guy/gal/it.
Scuffles @ Nov 23rd 2009 9:15PM
Good because there is nothing wrong with the carts themselves and they can be used for things other than pirating games ....Its nice to see people acknowledging it... just like that DVD or Blueray burner I'm sure is in your computer as you frantically try to find a reason to crucify a technology because of a single one of its potential uses ...... I again point at your DVD or Blueray burner you PIRATE, because after all thats the only thing you can do with a DVD/Blueray burner !!!!
Phil @ Nov 23rd 2009 9:19PM
Well, at least Spain understands that not everyone with a cart is a pirate.
Dai @ Nov 24th 2009 2:36AM
More like the judge is a pirate himself, I'm afraid.
Adv2k1 @ Nov 23rd 2009 10:14PM
why do you need to back up games? They cost what $30?
You can just RE-buy the game if you are careless and lose it or destroy it.
Being careless teaches you lessons about money and this device mitigates those potential lessons.
Nintendo has every right to stop people from using their devices to do things they were not intended to do. It's their technology they are protecting. If somebody wants a device that does more things, they can simply buy another device.
Mario Kart DS was RUINED by the online hackers.
The judge has no clue what he is talking about, Nintendo is losing plenty of money by these devices and people cannot be trusted to not pirate. If you can, you will, that's part of human nature.
ChuckBartowski (ATDF Technical Consultant) @ Nov 24th 2009 2:24AM
"Nintendo has every right to stop people from using their devices to do things they were not intended to do. It's their technology they are protecting. If somebody wants a device that does more things, they can simply buy another device."
....wut?
"If you can, you will, that's part of human nature"
....Double wut?
"You can just RE-buy the game if you are careless and lose it or destroy it.
Being careless teaches you lessons about money and this device mitigates those potential lessons."
...screw you.
ChuckBartowski (ATDF Technical Consultant) @ Nov 24th 2009 2:26AM
Meh DSTT. Theyre not that good of cards. Im suprised that M3 hasnt been sued yet, seeing as how they are one of the biggest leaders in cart making other than R4 (which is a terrible card)
GrungeSpoo @ Nov 24th 2009 3:17AM
Technically, there's not way a DS flash cartridge can backup your games unless one also defines backup as "download a game you already have from some site," and I believe that's still considered illegal (at least in the U.S no idea about Spain). You can use a gba flash cartridge however.
kurt @ Nov 24th 2009 8:29AM
WRONG!
http://www.monroeworld.com/myfaq/index.php?action=artikel&cat=7&id=85&artlang=en
GrungeSpoo @ Nov 24th 2009 2:37PM
Hmm... very interesting. I'd stick with the gba to ds method though (unless one wants to save cash). It's considerably less complicated.