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Nintendo DS R4 cards declared illegal in UK 
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Legend

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London High Court rules against Playables Limited, outlawing the import, advertising or sale of device

A new ruling from the London high Court has officially illegalised the importing, advertising or sale of R4 cards in the UK.

The R4 is a accessory that allows users to play custom code and, more commonly, illegally pirated games, on the DS handheld.

Defendant Wai Dat Chan and Playables Limited argued that the R4 is legal as it allows the use of homebrew applications. The Court, however, ruled that the R4 must first must circumvent Nintendo’s security systems before it can work, therefore making it illegal.

“Nintendo promotes and fosters game development and creativity, and strongly supports the game developers who legitimately create new and innovative applications,” a statement read. “In the UK alone, there have been over 100,000 game copying devices seized since 2009.

“Nintendo initiates these actions not only on its own behalf, but also on behalf of over 1,400 video game development companies that depend on legitimate sales of games for their survival.”

The decision follows a ruling in the Dutch courts earlier this month that saw 11 retailers convicted of acting unlawfully having imported and sold R4 devices. Nintendo adds that there have also been 20 successful prosecutions of people selling game copying devices in Germany.

However, the ruling does seem at odds with the US Government’s decision earlier this week to make mobile devices exempt from the Digital Millennium Copyright Act that forbids the bypassing of a company’s security measures.


http://www.mcvuk.com/news/40185/R4-made-illegal-in-UK

I reckon that'll get challenged, and it won't stop them being sold 'illegally' either...

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Wed Jul 28, 2010 11:07 pm
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The ruling makes sense, given S. 296ZB (Devices and services designed to circumvent technological measures) of the Copyright, Designs and Patents Act 1988 (as amended).

http://www.statutelaw.gov.uk/content.as ... esize=5073

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Thu Jul 29, 2010 12:11 am
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Good job I have a cyclo as well as a R4 card. Funnily enough they are full of copies of games I own! So I am guilty of that awful crime of format shifting!!! They are si handy when you don't want to carry around 20+ cards when you can carry just the one.

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Thu Jul 29, 2010 7:02 am
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bobbdobbs wrote:
Good job I have a cyclo as well as a R4 card. Funnily enough they are full of copies of games I own! So I am guilty of that awful crime of format shifting!!! They are si handy when you don't want to carry around 20+ cards when you can carry just the one.

There is the problem format shifting and backing up your own copies is now illegal. What about CD's and music? The iPod does the same as the R4.

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Thu Jul 29, 2010 8:06 am
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Amnesia10 wrote:
bobbdobbs wrote:
Good job I have a cyclo as well as a R4 card. Funnily enough they are full of copies of games I own! So I am guilty of that awful crime of format shifting!!! They are si handy when you don't want to carry around 20+ cards when you can carry just the one.

There is the problem format shifting and backing up your own copies is now illegal. What about CD's and music? The iPod does the same as the R4.


Apart from you dont need a device to circumvent security whereas the DS/R4 does. I think thats how they got the ruling.

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Thu Jul 29, 2010 10:13 am
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veato wrote:
Amnesia10 wrote:
bobbdobbs wrote:
Good job I have a cyclo as well as a R4 card. Funnily enough they are full of copies of games I own! So I am guilty of that awful crime of format shifting!!! They are si handy when you don't want to carry around 20+ cards when you can carry just the one.

There is the problem format shifting and backing up your own copies is now illegal. What about CD's and music? The iPod does the same as the R4.


Apart from you dont need a device to circumvent security whereas the DS/R4 does. I think thats how they got the ruling.

Yes but the computer does the same as the DS/R4 by ripping, and storing. If I had a Nintendo I would probably use a R4 but with legal copies of games that I bought, not downloaded. 20 different games on one cartridge is a very good idea. Perfect for travelling. Nintendo should come up with a version of their own with all the DRM that stops problems.

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Thu Jul 29, 2010 10:29 am
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Amnesia10 wrote:
Yes but the computer does the same as the DS/R4 by ripping, and storing. If I had a Nintendo I would probably use a R4 but with legal copies of games that I bought, not downloaded. 20 different games on one cartridge is a very good idea. Perfect for travelling. Nintendo should come up with a version of their own with all the DRM that stops problems.


But by circumventing effective technological measures you are breaking the law, whether you own the game legally or not. Whilst it is technically illegal to "format shift" music etc, the government has agreed to look the other way. It has not done so with other media, such as games.

And as pointed out by Veato, to use an R4 card you are circumventing technological measures that are in place (which you don't find with CDs etc), which is a crime.

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Thu Jul 29, 2010 1:20 pm
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Linux_User wrote:
And as pointed out by Veato, to use an R4 card you are circumventing technological measures that are in place (which you don't find with CDs etc), which is a crime.

I accept that element of the claim. DVD's have CSS as protection or something similar.

I do not pirate games. I prefer the real thing but even so there will be times when you want the back up. If you are on holiday having the films ripped to the hard disk is a lot easier to travel with than a dozen discs legal or not.

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Thu Jul 29, 2010 1:36 pm
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I certainly dont dispute the usefulness of having a backup. I've ripped media I've owned before for portability reasons.

I'm not sure what to think about the whole R4 thing. On the one hand it would be useful having all your games on one cart. One the otherhand I can understand why they've been made illegal for reasons previously stated. More importantly though for every one user who has an R4 for 'geniune' reasons I'd wager there are 100 more using them purely to pirate games.

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Thu Jul 29, 2010 1:59 pm
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veato wrote:
I certainly dont dispute the usefulness of having a backup. I've ripped media I've owned before for portability reasons.

I'm not sure what to think about the whole R4 thing. On the one hand it would be useful having all your games on one cart. One the otherhand I can understand why they've been made illegal for reasons previously stated. More importantly though for every one user who has an R4 for 'geniune' reasons I'd wager there are 100 more using them purely to pirate games.

I would be the one person for genuine reasons. Though the piracy is probably a big factor. Though are they actually over stating the impact. Apparently the iPhone is the mobile gaming gadget of choice. Could that be having a huge impact?

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Thu Jul 29, 2010 2:16 pm
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