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Nintendo, Capcom, friends file suit over DS piracy-enabling R4 sales

Faced with The Truth that – regardless of what sorts of anti-piracy technology it folds into its DS platform – pirates will invariably hack the dual-screened handheld, Nintendo has buddied up with Capcom and 53 other video game publishers in Japan to file suit against four resellers of the popular R4 flash cartridge.

Earlier this year, a Tokyo court banned the sale of the devices; however, Capcom now says that "legal action has had no meaningful effect in the intervening period" and that sellers would "ignore" its warnings. Enter: a new lawsuit, which Capcom hopes leads to a ruling that acknowledges "our company and other software manufactures have sustained [extreme] damages from proliferation of illegal instruments." Seems pretty cut and dry to us, but we'll let the courts decide.

Nintendo tackling pirates again (with the aid of consumer snitches)

Police officers often employ the aid of criminal informants, a kind of double agent that works behind enemy lines to get all of the dirt on the lowlifes breaking the rules. That's the new strategy for Nintendo and the 54 other companies that have again jointly filed suit in a Tokyo District Court to thwart the sale of devices used by pirates, such as the R4.

Despite winning the initial filing, Japanese retailers still sell the R4 and other flash carts, so Nintendo and (presumably) the same 54 companies have again filed suit. This latest filing aims for damages from those reselling the devices. See, Nintendo and the participating companies sent a letter to these resellers back in February requesting that they cease selling the device, but these resellers failed to comply.

Back to the snitching: Nintendo has opened a consumer website to report offenders and retailers hocking the devices. There, folks can fill out a web form with the appropriate information and submit it direct to Nintendo for follow-up. In exchange from Big N, you ask? You don't really expect freebies for doing the right thing, do you? Also, there's nothing.

[Via Andriasang]

Looks like DSi firmware 1.4 is defeated already

The site for the R4i DSi flash cart posted a video (see it after the break) demonstrating what appears to be the R4i running on a DSi system with the 1.4 firmware. You know, the firmware that was released not even a week ago, and removed flash cart compatibility? Yeah, that one. The video demonstrates a retail game ROM, which is not particularly awesome, but does serve as evidence of flash cart compatibility. The site currently doesn't mention whether this is accomplished through an R4i firmware update or through new hardware. We'll find out more as more flash carts pick up on whatever technique is in use.

If 1.4 has truly been defeated, homebrew users will be able to upload photos to Facebook and play Magnetic Shaving Derby! Magical.

[YouTube video via GBATemp]

Continued →

Nintendo convinces eBay and Amazon to ban DS flashcarts

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).

DS flash carts a form of 'information terrorism,' says Japanese trade group

Japan's Association of Copyright for Computer Software president Yutaka Kubota expressed to Famitsu grave concerns about the proliferation and use of Nintendo DS flash cart devices, such as the R4DS.

Referring to the volume of illegally downloaded DS software, Kubota remarked, "It's not a matter of numbers anymore," adding, "The fact is that you can download any Nintendo DS game as much as you want, so there's no way to even calculate the damage. This is an issue that affects our national interests, and personally, I see it as a form of information terrorism that is crushing Japan's industry."

In the interview translated by 1UP, Kubota called on the magazine's readers to stand firm against piracy, saying, "I want them to be aware that unless we do something, nobody will be able to make the games they love to play. Not only will gamers wanting to play new games not be able to play anything, but people who want to join the game industry in the future will have their dreams trampled upon."

Japan's laws do not currently forbid the purchase of devices like the R4, nor the downloading of commercial software for use with them. A new copyright bill under review would make it illegal to download copyrighted media, but doesn't expressly give authorities the right to arrest offenders.

Metaforic unveils new anti-copying measures for DS games

Metaforic's Andrew Mclennan, a former game developer frustrated by piracy, spoke to Gamasutra about a new technology his company has created to reduce copying of DS games. Nintendo's tactic so far has been to try to stop the sale of the R4 flashcart in Japan and other countries, but the company is now working with Metaforic to attack the problem from a different angle.

Metaforic's MetaFortress technology, to be used in games by Nintendo and six other publishers starting this year, uses code stored in the actual game that detects the patching used by flashcarts, and then disables the ROM. "We take any DS game and inject a security scheme into the game itself," Mclennan told Gamasutra. "It turns each game into its own security system. Every time we apply it to a different game, it's a different security system."

Though he admits that the software could be hackable eventually, it would require a separate effort for each individual game ROM. "We add so much security to it that it will take a very long time to hack." Mclennan claims that even flashcart firmware patches will be unable to neutralize MetaFortress, though he didn't specify why.

Though Mclennan thinks flashcarts should be illegal, he "sympathizes" with the homebrew community. It wasn't his goal, but disabling flashcart-based piracy at the software level obviates the need for anti-flashcart legislation, which could be good news for homebrew fans.

Japan court bans sale of DS homebrew-enabling R4 flash carts

The Tokyo District Court placed an injunction on the Chinese cart manufacturers who make the R4 today, making it illegal to sell the cartridge in Japan. It has already disappeared from shops and Nintendo, Capcom, and Square Enix have all come forward with their support. These companies haven't ceased their efforts yet, however, as they've vowed to continue pursuing those responsible for similar devices.

R4 carts, along with other flash carts, allow users to run homebrew (and pirated) material on their DS or DS Lite (no dice on the upcoming DSi, folks). If this is all still over your head, then check out our guide to homebrew on the DS right here.

[Via Eurogamer]

Nintendo DSi blocks R4 carts


OK, so maybe 90 percent of DS owners aren't using R4 carts to play pirated games on their DS systems, but it's still a problem for Nintendo, especially if it wants to have enough money to have both Shigeru Miyamoto and Howard Lincoln cloned.

But it seems as though the R4's days may be numbered, as it appears from the video below the jump that neither the carts nor Slot-1 cheat devices work in the brand new Nintendo DSi. Sorry, pirates. At least you still have the sea.

Continued →

DS Daily: Peripheral guilt

Since the R4 and similar homebrew devices are best known for swashbuckling-related uses, many gamers seem to transfer their disdain for the practice onto the devices themselves. But we know they can be used for awesome, non-yarr-related things!

Do you steer clear of homebrew because of its association with piracy? Or are you an avid homebrewer forced to defend your love of free games and weirdo apps from people who assume you're a buccaneer? If a pirate ye be, we're not asking you.

Japanese retailers jack up the price of R4

We can't say we're surprised that they're asking for more money for the R4, in light of all of the recent developments. Business owners like money, so we can understand them taking advantage of what's going on. In Japan, these business owners have more than doubled the price of the flash cart over the span of only days.

So, all we're saying is that if you don't have one and want one, you probably should see about getting one before they get more expensive. Why would you want one? Uh, have you not read our homebrew guide?

[Via Go Nintendo]

Potential flash cart ban helps R4 sales

Chalk this one up to "we saw this coming," but the troubled waters that flash carts have found themselves in has led to an increase in R4 sales.

Nintendo and fifty-three other companies are filing a suit against retailers selling flash carts, demanding that they stop the sales and imports of said cards. According to Kotaku, Japanese retailers in Akihabara are noticing a difference in demand for flash cards already. Regarding the R4, one staffer noted, "The rush in demand has been amazing. These devices always sell well. But this weekend should be staggering, don't you think?" Amazon.jp has also seen a rise in cart sales, which is to be expected.

We're sure Nintendo foresaw the immediate panic following the company's announcement, and that's the risk they decided to take -- watching things get worse before they get better. If Nintendo and the others win the suit, though, it will likely be worth their while in the end.

[Thanks, supa_s!]

Nintendo and others file suit against flash cart sellers

Nintendo is finally taking aggressive action against piracy, as the company is suing five Japanese firms over flash cart equipment. The Big N is just one of many plaintiffs in the case, though, with fifty-three others joining in to aid the fight -- just a few companies that you may have heard of, like, oh, Square Enix, Sega, Level-5, Hudson, Pokemon, Capcom, Namco Bandai, SNK Playmore, Koei, and so forth.

While details are scarce, we can imagine a lot of popular carts (like the R4), if not all carts, will be affected. Should Nintendo and friends win the suit, selling and importing such carts will be illegal, meaning that people would have to resort to the black market to get their hands on one.

We understand why Nintendo and other companies would want to fight the good fight against piracy, but we can't help but fret over the impact on our precious homebrew hobby. At any rate, we'll give you more information as this case unfolds.

[Via Joystiq; Thanks, Kimiko!]

Nintendo files lawsuit to curb DS piracy


Nintendo has filed a lawsuit in Japan against five retailers for "importing and selling equipment that enables illegal game programs to be played on [the Nintendo DS]" -- presumably flash carts such as R4. According to Reuters, Nintendo is joined by 54 other Japanese developers.

While the lawsuit is intended to thwart piracy, an unfortunate side effect is a hit to the homebrew community. If you were ever planning to pick up a flash cart for the DS, you might want to go ahead and grab one while you can.

Retailers hoping for R4 ban in UK

Retailers in the UK are losing sleep over DS flash carts, and that's turning them into big old grumps. As you probably know, flash carts not only offer interesting homebrew opportunities, but they also provide owners with the means to pirate games. Piracy has been cutting into DS software sales, and retailers? They're not very happy.

The cart under attack is, of course, the R4DS -- it is the most mainstream one, after all. Retailers don't want R4s to be sold anymore, and are calling for a UK ban on the product. SimplyGames.com has already pulled the flash card from its site after a "conversation with Nintendo." (As far as we can tell, the site isn't selling alternative carts, either.)

We know what you're thinking -- the R4 isn't the only piracy option out there. Yet, it's likely that other flash cards will find themselves on the chopping block, too. A nationwide ban on the R4 and others probably won't happen, though, and even if it does, many will just turn to imports.

Being the good souls that we are, we're assuming that most of you aren't pirates and can sympathize with suffering retailers. Still, do you think that warrants a ban on flash carts?

UK retailer pulls R4 after ELSPA threats

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.

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