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Nintendo files lawsuit against website “blatantly promoting and selling” R4 devices

Wednesday, 7th August 2013 19:40 GMT By Stephany Nunneley

Nintendo has filed a lawsuit in the Southern District of Florida against the owner of the website HackYourConsole for “blatantly promoting and selling” unauthorized Nintendo games along with “devices and services that circumvent the security,” in DS and Wii.

According to a notice sent out by Nintendo, the owner of HackYourConsole has developed a “global business focused on selling unauthorized copies of Nintendo games and game-copying R4 devices.”

The website operator, for a fee, also provides services to hack and modify the Wii console and allow the play of illegal software.

“HackYourConsole also claims to be an authorized distributor for the yet-to–be-released 3DS Gateway cards,” Nintendo said in a statement. “The Gateway device is promoted as operating similar to the R4 game copier for the Nintendo DS, which facilitates the play of illegally downloaded games.

“Game copying devices, such as the R4, severely undermine the sales of video games created by thousands of developers.”

Illegal copying of video game software is an international problem Nintendo has been vigorously fighting and the firm said it plans to continue taking “aggressive steps to prevent the proliferation of these devices on a global scale. “

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15 Comments

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  1. chrisall76

    Better late than never I guess

    #1 9 months ago
  2. sebastien rivas

    Good job by Nintendo.

    Though a question arises. Are all games 1st and 3rd party and indie games developped for the wii, or wiiU the same across the entire world or do you have zones?
    If you have zones where a game is not the same as other zones or the game is not published on specific zones then do not complain some try to circumvent those 2 ideologies, whether it asked by a zone to not be distributed or game content changed.
    If you make or have titles not available somewhere then you make it praised so hard that it becomes a gold mine; therefore Nintendo and zone legislation create this sub culture of piracy.

    #2 9 months ago
  3. Cobra951

    @2: I essentially agree with you. If Nintendo refuses to sell a game in my market, they are ignoring me. Why should they care if I pirate that game then?

    #3 9 months ago
  4. sebastien rivas

    @ 3

    That is another point you bring on the table and a great one too (the gamer’s side and perspective.
    This zone legislation and Nintendo decision create a snake that bites its tail and the gamer suffers as a result because the gamer can’t reach for it even if finances is far from being the issue.

    Nothing that says “happy tandem between nintendo and gamers” on that one.

    #4 9 months ago
  5. sh4dow

    @2:

    Precisely.

    Of course there are also other reasons for piracy. Although I have always said and will always say… people have copied cassette tapes, VHS, CDs, DVDs, etc. and will continue on copying as long as they don’t earn enough money to consume whatever the hell they want. Because guess what? There are other things people want to spend money on besides entertainment. Yet, entertainment (or one could even argue art, especially when it comes to certain music or movies) is a HUGE part of culture.

    The solution is quite simple: Either reduce the rich/poor gap to a bare minimum, so that formerly poor (then below average) can afford all the games, movies and music they could possibly consume. OR offer reasonable flat rates on media consumption.

    Which reminds me… there is actually this nice concept some countries have where you pay a fees on recordable media, hard drives, etc. that is given to media organizations just because you COULD use it to make personal copies (which is also legal to a certain extent in a few countries) of things. In theory, that’s a somewhat reasonable system. Of course… in practice, those media organizations rake in the cash from those fees AND still sue people that copy stuff. Because of course they get the fees for you possibly copying their material but their material also has copy protections the circumvention of which is illegal (and of course because you’re a “mass distributor” if you use torrents). Now please explain to me why they get that fee in the first place then?

    #5 9 months ago
  6. sebastien rivas

    @ 5

    Yes there will always be piracy unfortunately for whatever reason(s) can be.
    Yet, you can foresse the guy(s) being sued saw a thriving market for primary reasons we both elevated and not specifically for finances issues even though it is melted into it.
    After all wii and wii games are more affordable than PC, ps3, Xbox 360. Especially used games. They can be found from a single dollar up to 24$ in the US. So really, piracy because financial issue is really, really, really limited.
    Without record or proofs I assume buying a blank media+inscribing on disc+ piracy tools+ piracy console is more expensive than getting a used console and buying used games.

    #6 9 months ago
  7. sh4dow

    @6

    Another good point if that is indeed the case.
    Because I have to admit that I actually have little clue about the Wii specifics, which is why I wrote in a more general manner about the whole topic.

    But I can imagine what you say to be true, as I have seen it in other cases in the past. Not to that extent but still… in the first three years or so the 360 was released, I believe the prices were like $70 for a mod, $80 for a burner, $50 for 5 DL discs. Of course for $200, you were also able to get quite a few used games or rent a lot. Plus – no XBL ban risk.
    Then again… of course companies are complaining a lot about used games these days too. And can you even still rent games?

    #7 9 months ago
  8. MCTJim

    Yes lets promote piracy now people because you feel you have the right to. Practice not dropping the soap…prison is not a happy place…why not protest region locked games instead of trying to justify piracy.

    #8 9 months ago
  9. SCAssassin

    I took a look at their website and they’re selling 500 GB portable HDs preloaded with 200 Wii games for 85 bucks. Like selling the hardware that advocates piracy is still a bit of a grey area, but they’re directly selling ROMs that are free on the internet for profit, like that’s just stupid.

    #9 9 months ago
  10. TheWulf

    @8

    You’re a total tool if you think that’s the only reason for piracy. Some people are simply born into more fortunate situations than others, and not everyone can afford everything. It hurts their pride, but to have some quality of life and to not go insane, people will pirate things.

    I know I did when I was in that situation. I’m not now, and I can afford things, so I buy them. But the thing is is that I can empathise with that position. You’re born into a part of the world where you’re bombarded with no end of advertisements for things which can improve your quality of life, yet those who can’t afford it are supposed to live in third world conditions even in first world countries.

    And we wonder why our world is fucked up, and seems to be getting more so by the day. Base human greed is a pretty good reason. The 1% have it so much more better than the 10% as to be gods, the 10% have it so much better than the 30% as though to be kings, the 30% have it so much more better than the 60% as though to be dukes, and so on. People forget there’s a bottom 1% as well as a top 1%.

    And you’ll cram expensive food down your throat whilst admonishing poor people for piracy. Good job.

    #10 9 months ago
  11. Digital Bamboo

    Nintendo might also consider taking a look at every electronics market in Korea.

    Though I don’t pirate games, I must admit that, between the Wii’s region locking and the limited prints of highly sought after games like Xenoblade I have–briefly–considered taking that route simply because I don’t see myself getting my hands on games like that otherwise, and I really, really want to play them.

    But I’ll be a good gamer, and keep exploring other options (though I do wish I could just buy the damn game from Monolith Soft directly and not shell out $150 + shipping for a used copy on ebay, but whatever).

    #11 9 months ago
  12. silkvg247

    I did pirate games on my DS (not for 3DS though) and it was neither because I wanted Japanese games (though it is nice to try them) nor was it because I wanted to save money or because I was poor.

    It was because I didn’t want to be juggling 27 cartridges around. I actually originally bought most of the games I ended up sticking on the R4…

    So for some, it might be convenience. Just saying.

    The 3DS is a step in the right direction with downloadable content.

    #12 9 months ago
  13. viralshag

    If you live in a first world country and you’re too poor to afford games but have time to pirate and play them… well I’d say GET A JOB YOU BUM!

    #13 9 months ago
  14. MCTJim

    @10 Really? I dont care if you cant afford a game..its simple, work for it. I work everyday to afford my home and my toys all the whilst raising my 2 children and install values of work hard and be rewarded for that work. No one is entitled to anything..you want to buy a game, its simple, pay for it with the money you earn. Advocating piracy for the sake of having it because you cant afford it is no excuse..its a want, not a need… and if you want something..then work for it. If you have a choice of eating vs buying a game, then you buy food, if you buy the game then you suffer the consequences of not eating… By reading your analogy it seems more like entitlement..

    @13 exactly +1

    #14 9 months ago
  15. Sosh

    @13 @10

    Your look on things is rather limited to absolutes it seems.
    Full on promotion of piracy is just as neglecting big part of the issues as saying “get a job if oyu want to game”.

    Piracy is also a form of protest against many bad publisher/developer practices. Not saying there are pirates who simply don’t care what their pirating causes or that they are entitled the better industry practices, but piracy has reasons, some which are pretty plausible, and beeing ignorant or banalising those reasons at best changes nothing and at worst even drives more people into piracy.

    While beeing “wrong” in the core, the problem of piracy is heavily blown out of proportion and most major discussions are extremely one sided. Both stances that aren’t reflected in studies about this problem.
    These points (and other disambigous things like adverts with “no DRM” slogans) should ring alarm bells for any informed consumer that an absolutist stance on this mather seems to be mainly the stance wished by an influential part of the industry, but might not be the best.

    #15 8 months ago