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Nintendo appealing French flash cart ruling

December 10th, 2009 at 01:30pm Under Wii / Nintendo

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.

Nintendo appealing French flash cart ruling originally appeared on Joystiq on Thu, 10 Dec 2009 12:30:00 EST. Please see our terms for use of feeds.

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Tags: divineo, flashcart, france, piracy, Wii / Nintendo

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Spanish judge throws out criminal case against DS flash cart seller

November 23rd, 2009 at 08:45pm Under DS

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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]

Spanish judge throws out criminal case against DS flash cart seller originally appeared on Joystiq Nintendo on Mon, 23 Nov 2009 19:45:00 EST. Please see our terms for use of feeds.