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A Paris criminal court recently ruled in favor of Divineo, a company that sells DS flash carts. In a statement, Nintendo said that it was "extremely disappointed with the decision by Paris Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices," and that the company "welcomes the prosecutor's decision to appeal the judgment. As a victim Nintendo will join his appeal."

In the statement, Nintendo noted that Divineo still owes the company damages from a ruling made in Nintendo's favor in Hong Kong last year. Last month, a Spanish criminal case was dismissed against a company selling DS flash carts, with the judge in that case ruling that the carts are not illegal since they can be used for many non-infringing purposes.

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]

Nintendo has announced that it has reached an agreement with Amazon and eBay through which the shopping sites will prohibit the sale of the R4 and other DS flashcarts.

"Nintendo is pleased with the co-operation it has received from both eBay and Amazon to prevent the sales of game copying devices," Nintendo's global head of anti-piracy, Jodie Daughtery told MCV. eBay has actually pulled auctions for copying devices for years (presumably as an "item encouraging illegal activity), so if there is a policy update, it involves even more vigilant policing of auctions.

Amazon UK games director Chris Poad told MCV that Amazon has a "notice and take down" process for its third-party Marketplace. "So where a third party believes that their IP has been infringed, they can highlight it and we can take it down. This is what happened in the case of the R4."

Now Nintendo just has the rest of the Internet to deal with in its efforts to curtail DS piracy (and, as an extremely unfortunate side effect, homebrew).

In this week's Ask Joystiq Nintendo, in anticipation of the North American DSi launch (and also because we got a bunch of DS questions) we address some of the most worrisome issues related to the DS! Most notably the nagging issue of the DSi's regional limitations, but we also discuss flashcart compatibility and the ever-present threat of fake cartridges from eBay.

Do you have a question about the Wii, DS, or anything else related to Nintendo? Send us an email at asknintendo AT joystiq DOT com!

We've been following the Bob's Game drama for a while now, and it's just taken another weird/potentially controversial turn. After sealing himself in his bedroom (see: above) in a bid to obtain a development kit from Nintendo, Bob's Game creator Robert Pelloni recently threatened to release his "masterpiece" on a DSi-compatible flash cart, thus "significantly cut[ting] into Nintendo's bottom line."

Now, in a selectbutton forum thread, Pelloni claims that a Chinese firm has approached him and offered to release Bob's Game on a flash cart, and says that a distribution deal with Wal-Mart could be on the cards.

Pelloni argues that such a move means both parties win: he gets his game onto store shelves, while the mysterious Chinese company has a legitimate reason to sell a flash cart in a major retailer. We would argue that his actions are quickly severing any potential future ties that could exist between himself and Nintendo.

We also advise giving the thread in question a quick read, if only for the part where Pelloni indirectly compares himself to Shigeru Miyamoto.


[Via Siliconera]

It looks like one prominent Japanese pirate may have emitted his last yarr. Police in Shikoku slapped the cuffs on a 57-year-old man who made a not-so-cool ¥1m ($10,700) from selling CycloDS and Edge flashcarts with micro SD cards and information on where to obtain copied game data. He was eventually arrested after selling a CD-ROM with a copy of Super Mario World and an illegally downloaded copy of Pokémon Platinum.

The Association of Copyright for Computer Software (ACCS) led an investigation on the case, and revealed that the culprit had many happy customers; comments such as "My children are happily playing away" appeared on his Yahoo! Auctions feedback page.

Two things that stand out about this story: the sizeable wad of cash this guy managed to generate before being caught, and his apparently respectable position in society -- according to the ACCS, he runs (ran) a cram school. We're guessing neither activity will feature heavily in his immediate future.

Update: Added further clarification.

Square Enix has reacted to the rampant piracy of Chrono Trigger DS by declaring itself to be "vigorously against" the illegal distribution of games, and warning that it expects a sharp drop in Chrono Trigger sales as a result. As we reported yesterday, the eagerly anticipated RPG shipped with a whole series of piracy checks, only for hackers to break those within hours of the game being dumped online for download. It's difficult not to feel sorry for Square Enix, and equally hard to see practical solutions.

In slightly happier news (well, for the fans, anyway), the (Japan-based) Chrono Trigger fan club is giving away copies of the game's soundtrack (as seen above) to 3,000 customers who actually buy the game -- two of which will be autographed by composer Yasunori Mitsuda. See: it pays not to yarr.

Source: Square responds to piracy [via Go Nintendo]
Source: Chrono Trigger soundtrack

After its novel attempts to prevent illegal distribution of Final Fantasy Crystal Chronicles: Ring of Fates, Square Enix has packed numerous piracy checks into Chrono Trigger DS. Sadly (and predictably), hackers have already found a fix to the problem, if this huge thread on the GBAtemp forums is to be believed.

When the ROM of Chrono Trigger was first dumped online earlier this week, naughty flashcart users discovered that it was impossible to progress past certain points in the title. Never-ending time travel (near the start of the game) and the inability to open the Cathedral doors after recruiting Frog were just two of the problems encountered by pirates.

Typically, however, it has taken hackers mere hours to find a workaround for the copyright protection -- further evidence that developers and publishers, regardless of size, face an uphill battle against those who yarr.


[Thanks, RupeeClock!]

Another reason to keep your current DS if you want a DSi: word is that ten homebrew slot-1 carts have been tested by a member of the Chinese gaming community Hacken.cc on the DSi, and all ten failed. Looks like DSi owners who want to dangle their toes in the homebrew community may be back to the more complicated solutions of old, at least for a while, and it will be some time before we even see FlashMe or other workarounds.

The following carts were tested:

• R4DS
• EZ Flash V
• CycloDS
• G6 DS Real
• M3 DS Real
• Supercard DS One
• iTouch DS
• FCard
• NCard
• M3 DS Simply
• U2DS

The DSi's official release is tomorrow, so we're crossing our fingers and hoping that, as soon as the system is more widely available, we'll start to see people working toward opening up the new handheld. As for today, we're saddened, but not wholly surprised.

[Thanks to everyone who sent this in!]

It looks like the tide is finally turning against the R4 flash cart in the UK. After yesterday's statement from the ELSPA on the matter, Brit retailer SimplyGames.com has decided to drop the R4 from its range entirely.

"Since launching them we have reflected on the overall impact R4 cards will have on long-term software sales and I have talked openly to senior people at Nintendo UK about the situation," explained SimplyGames' Neil Muspratt, who we're guessing may have received a grouchy phone call from Nintendo. "We have concluded that they are not at all healthy for software sales."

Muspratt then urged Amazon to follow SimplyGames' example. As we write this, the R4 listing on Amazon's UK site notes that "we don't know when or if this item will be back in stock," though no official statement has been released by the site. As for all you UK-based homebrewers out there, just be thankful there are plenty of alternatives out there.

Otherwise known as the Entertainment & Leisure Software Publishers Association (an organization working within the British games industry), the ELSPA isn't happy about the abundance of R4 flash carts in the hands of DS owners. Nor is it happy about the availability of these little devices, which -- homebrew applications aside -- people are using to play pirated DS ROMS. If you want an R4, it's easy to buy one from Amazon, eBay, or a wealth of independent online retailers.

According to the ELSPA, "The supply of these items is an infringement and an offence under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994." So, how did they get onto shelves in the first place? Clearly the yawn-inducing law behind it all is more complex than simply "they are illegal," otherwise the shops wouldn't still be selling them. Which they are.

Long story short, it's a mess of regulations and red tape, and we've heard it all before. It's hardly a crystal-clear situation where legal teams "will take action where and when appropriate." If a blanket ban of selling flash carts suddenly falls over England, and police start breaking down doors of R4 traders, we'll let you know. Until then, get out there and buy some good games, and use any external device responsibly.

In a likely accidental move similar to Square Enix's FFCC "Moogle of Death" screen, Nintendo has temporarily stalled pirates from completely enjoying Daigasso! Band Brothers DX. Not long after the rhythm game shipped out in Japan, crooked gamers around the world downloaded the ROM only to find that it didn't work as expected.

According to initial reports, because Band Brothers DX uses a 1mb save instead of traditional 512kb saves, the ROM refuses to load on many flashcarts. Of course, determined delinquents have already found a workaround, and some flashcarts will load the ROM successfully without any required hacking, but pirates are also finding themselves unable to access the 200 downloadable songs available through the Nintendo Wi-Fi Connection.

Seeing as the game comes with only 30 tracks installed, the online songs are a huge draw for people playing Band Brothers DX! Though we expect hackers and flashcart manufacturers to fully "patch" the ROM in a few days, if not in a few hours, it's nice to hear that there are still a few things out there capable of temporarily flummoxing the DS piracy scene.

Although most of Nick Rumas' Gamasutra article on the ubiquity of R4 flashcart piracy in Korea is based on anecdotal evidence, we still found his piece to be pretty fascinating. While DS piracy may not be rampant in the U.S., Korea is renowned as a hotbed of piracy in videogaming, and Rumas claims that as many as three in five DS owners there possess a flashcart -- and we can't see all of those being used for homebrew.

Rumas also tells tales of traders in Seoul's Yongsan Electronics Market openly selling customized R4 flashcarts to customers (who simply pay up their $87 and select the titles they'd like from a master list), and of Korean consumers who are far more clued-up about game piracy than their western equivalents (including middle-aged women, and young children).

He eventually chalks this widespread acceptance of piracy up to more than one factor, including Korea's low minimum wage, an increasingly high cost of living, an apathetic government, and the fact that downloading games without paying for them is simply more of a cultural norm. With the DS now selling in respectable numbers in Korea, we can't imagine Nintendo being overly happy to hear of Korea's piracy endemic, but as Rumas notes, "Regardless of what [government] measures are undertaken, no real dent ever seems to be made."

Where there's a system, there's a community of hobbyist programmers willing to tear it down, build it back up, and make it better, and they've been doing it to the DS from nearly the moment the handheld hit shelves. As the necessary hardware has grown cheaper, easier to use, and more widely available (when not sold out), the DS homebrew community in turn has grown stronger, producing some applications that are so good, they rival (or better!) similar commercial products.

But with all of the homebrew solutions available, how does someone new to the scene know where to start? A quick search for guides returns information that can seem complicated and confusing, and many DS owners are wary of spending money on hardware that may not work with their particular system or with the applications and homebrew games they're interested in trying out. The reality is that homebrew on the DS is much easier than it seems, thanks to breakthroughs in the scene, and DS Fanboy is dedicated to helping you navigate the ocean of user-generated content available. From searching out Slot-1 solutions to taking you through them, we've got all the information you need to get started, no matter how little you know about DS homebrew. If you're really lost, check out our handy homebrew glossary for help.

It's worth mentioning that we're focusing solely on the newer flash carts for DS homebrew here. With the advent of the all-in-one Slot-1 flash cart, there's little reason for anyone to go with the more complicated Slot-2 devices. While we cover some of that terminology in our glossary, we do so only to help provide a guide for those DS owners just getting started, who may encounter such terms as PassMe and wonder just what it might be.

From here, you can hit the jump to see an index of this article's contents, or simply follow the arrows if you'd like to go through step by step. Comments are open on every page, but you can always return here to the main discussion by way of a DS Lite icon on each page.

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		CycloDS Evolution

M3DS Real
Slot-1 (All-in-one)
Also needed: MicroSD card
Price: $39 - $60
Find it: Real Hot Stuff, Amazon Marketplace, DealExtreme

With the M3 Real, it's easy for even the noobiest of noobs to get a grip on DS homebrew. If you know how to a) manipulate files on a computer and b) insert a cart into your DS, then you too can master the world of DS homebrew. It really is just that easy.

So you bought the M3 Real -- what now?

Once you've got the M3, with or without accessories (other than the necessary MicroSD card), setting it up is extremely simple. Before you do anything else, you'll need to:

• format your MicroSD card (PC users, see here and here; Mac users, check here)
  
• get the latest M3 loader firmware
• copy the M3 firmware System folder to the MicroSD card
• insert the MicroSD into your M3 cart (like this, not like this)
• insert the M3 adapter cart in your DS and power it up

The first time you boot up your M3, you'll be prompted to select your language. If you happen to choose the wrong one, or decide to shift later, you can adjust this in the Setting menu from the main screen (see list of menu options to the right). After that, you're ready to go, and you've already become a part of the homebrew community. The M3 firmware comes complete with a built-in PDA app, so you've already got a program you can use. You've also got MoonShell packed in with your card, which allows you to access media files from your DS, just in case you want to, say, watch Night of the Living Dead. But in order to get that film, other media, or any other programs, you're going to have to plug that MicroSD back in to your computer and go hunting for software.

What kind of homebrew programs do you want to get? Frankly, that's up to you, and we'll provide some resources later that should help you choose. For now, however, we're just going to tell you how to work with your new homebrew cart.

How do I manage files so that my homebrew software will run correctly?

You'll need to place all of the loader files (.nds files) in the root directory (unless directed otherwise in the instructions for various programs) on the MicroSD card. This allows for automatic DLDI patching, which some applications require in order to run correctly. If your files are not in the right place, your programs may not work. If you're having any trouble, make sure the files are in the right place!

Your media files, however, can be organized as you see fit. Only .nds loader files for your homebrew programs need to be in the root directory. MoonShell has its own file browser, and supports several audio formats, including MP3, most basic image formats, and DPG video files.

As an aside, we recommend fiddling with your new M3's menus. You can't really mess anything up, after all, and you'll learn more about it. The firmware comes with several skins already installed (accessible through the 'Setting' menu), and you can cycle through those and familiarize yourself with the menus before digging too deeply into various programs.

To the right, you can see the basic menu options. You'll spend most of your time in "My Card," which is a file browser that lists all your homebrew programs. Open My Card, and from there, you can select the executable files.
For example, on the above screenshot, lj.nds is selected, which loads LOCKJAW, an excellent Tetris clone. Chat Noir is also shown. To get here, select My Card from the main menu, and scroll down to the files you want. Tap the desired file once with your stylus (or alternate pointing device), and again to load it. Or, if you prefer to use the buttons, A selects, and B will move back to previous menus.

Sound simple? It is. The interface is easily navigable, and the beauty of the all-in-one Slot-1 carts is that running homebrew apps is nearly as easy as booting a commercial cartridge. So many steps that were necessary with earlier Slot-2 homebrew solutions are automated here. Now anyone can get in on the homebrew experience.

Where can I go to for more in-depth information on the M3 Real?

Check out the official M3 Team site or the M3 wiki, as well as great community sites like GBATemp.net.

Features: Built-in media player and PDA functionality, HDSC compatible, skinnable interface, automatic DLDI patching, supports Slot-2 expansions
Possible problems: Official site difficult to navigate if you're looking for firmware updates; some people don't like the necessity of keeping things in the root directory
Accessories: GBA expansion, rumble pak
Language support: English, French, German, Italian, Spanish, Portuguese, Dutch, Korean, Thai

Jargon flying right over your head? Check out our homebrew glossary for more information!

CycloDS Evolution	Back	Revolution for DS