The High Court in London has passed down an official verdict against game importer Playables Limited that now makes a popular device for creating homebrew applications on the Nintendo DS illegal in the country. The R4 Magicard is under fire, not for its ability to create custom homebrew applications, but for fueling the spread of pirated DS games.
This case is unique, because it targets the technology used to copy and play the pirated DS games, rather than the people who post the illegal files or the websites that host them
The ruling now makes it illegal to sell, import, or advertise the R4 cards anywhere in the UK. The court justified the decision by pointing out that the card must circumnavigate DS security safeguards in order to function. Criminal charges will be brought against any distributors and retailers who are caught in violation of the judgment.
The court’s decision is a big victory for Nintendo, who has been trying to crack down on the rampant piracy issues plaguing their DS handheld gaming device. Earlier this year, the company stated that piracy was to blame for a 50% drop in sales over a 12-month period in Europe, and they claim that over 100,000 of the game copying devices were seized in the UK during 2009. The game manufacturer has also implemented stronger anti-piracy safeguards for their newer DSi and upcoming 3DS models.
“The numbers of downloads we are seeing suggest that these [copying devices] have been used extensively. Therefore this case is extremely important for us but also for the developers and creative industries that create software in the UK,” stated Neil Boyd, Nintendo’s European anti-piracy legal counsel.
I would expect Playables Limited to appeal the High Court’s decision in the coming weeks. If the ruling sticks, this would be an important precedent and will likely spawn similar cases around the world against the game copying device manufacturers and distributors.
