Nintendo Australia Wins Piracy Case Against R4

by Ben Salter Featured 7 Comments 10 Votes 1600 Views 18/02/2010 Back to News

Hot off the back of their $1.5 million out of court settlement for Wii piracy earlier this month, Nintendo Australia has started targeting piracy on the DS.

Online retailer Gadgetgear.com.au has been ordered by the Australian Federal Court to pay Nintendo Australia $520,000 in damages, as a result of selling the R4 flash card, and to cease selling the product. Gadget Gear's affiliated respondents, Patrick Li and James Li, were ordered to pay an additional $100,000 in damages.

Flash cards allow users to play games, music and movies off of a single card. Users upload content to an SD card and connect it to a flash card, such as the R4. Prior to this case the cards themselves were technically legal in Australia; however, a majority of gamers used them for illegal means - by using them to play downloaded commercial games.

The verdict has led us to believe that the R4 and other flash cards are now illegal in Australia. However, we do not yet have confirmation on this. At the time of writing other flash card distributors, such as Ozmodchips.com, appear to be operational due to disclaimers that request consumers only use the device for legal means, such as playing homebrew. We'll update you on the status of flash cards in Australia when we have 100% confirmation.

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Nintendo Australia Wins Piracy Case Against R4 Comments

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To confirm at this stage it is nothing more than a rumour that flash cards have been deemed illegal in Australia. Nothing confirmed.
This is actually really great news, I am glad Nintendo have stepped up and finally done something proper about them. As it is only a rumour, I wont look into it too much, but still, it's great for Nintendo.

=D
*rings up a 'friend'* Hey, Edgeworth, we need you here, now.
If it does get confirmed, it's no skin off my back as I have never used flash cards before
The EDGE card I have is 100% legal becuase it dosen't sell any games with it.
I think many retailers based in Oz would be reluctant to sell an R4 withthe risk of beign taken to court.

Importing is another issue.

Since I don't have an R4, and I purchase legitimate games and I believe in Rule of Law in our democratic society, I conclude Nintendo has done the right thing.
This is just part of Nintendo's brilliance.

You cannot say that Nintendo's kick-ass DS console sales aren't attributed to flash cards such as the R4.

Then Nintendo comes in at this late stage while the flash card market is dying, attacks resellers by claiming that game companies refuse to sign up with them (which doesn't happen often).

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