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Thread: Nintendo wins lawsuit over R4 mod chip piracy

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    Senior Member cwispy's Avatar
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    Default Nintendo wins lawsuit over R4 mod chip piracy

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    By Tanya Hall
    Feb 18, 2010 9:48 AM

    The R4 chip deemed illegal in Australia.

    EXCLUSIVE - An Australian distributor has been ordered to pay Nintendo over half a million dollars for selling video game piracy tool, the R4 mod chip.

    The Federal Court ordered that RSJ IT Solutions cease to sell the chip through its gadgetgear.com.au site and any other sites it controlled, as well as paying Nintendo $520,000 in damages.

    The chip allows users to circumvent the technology protection measures Nintendo has built into its DS handheld consoles, enabling illegally pirated games to be downloaded online.

    Nintendo brought the claim against the gadget accessory distributor and two affiliated respondents Patrick Li and James Li.

    The court's ruling further excluded the individual respondents from selling their R4 chips anywhere in Australia, while also ordering them to pay Nintendo an additional $100,000.

    They have also been required to file an affidavit by the end of this week identifying all suppliers from whom they purchased their R4 chips.

    The R4 is built to fit into the game cartridge slot of Nintendo's DS, and will transfer anything saved on a flash memory chip onto the console. There are even videos on YouTube providing R4 tutorials for first-time users.

    R4 chips have plagued Nintendo since their widespread adoption in 2007 and continue to be easily available online. While gadgetgear simply stocked the R4 chip, other distributors have made the piracy process even easier for consumers by pre-loading their R4 chips with ready-to-use counterfeit games.

    Australian site Oz Mod Chips offers a range of products that will modify games consoles, enabling them to access pirated games. The distributor advises consumers to use their modification devices for legal reasons only, such as playing legal copies of games from different regions, using homebrew software, and playing backups of games that have been legally purchased.

    It is the second battle Nintendo has won in the Federal Court over game piracy in little over a week. On February 9, a Brisbane man was ordered by the court to pay Nintendo $1.5 million for uploading a copy of the Super Mario Bros game for the Nintendo Wii to the internet prior to its Australian release.
    What would you do if your server was stolen or failed beyond repair?
    http://www.2000cn.com.au/shadowprotect.html



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    Senior Member urban_s0ulja's Avatar
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    Had a interesting phone conversation with another "modshop" owner which really ticked me off recently...

    Im not going to be naming names but his here on austech and a few other forums....
    His site is no longer online...

    Nintendo have been sending emails around asking everyone to
    1. Stop selling flashcarts...(Understandable)
    2. Give up details of customers who have purchased flashcarts....
    3. Give up supplier details....

    Guess What,

    These guys have done all 3!

    Shit! I feel sorry for the customers...(If you've purchased one of these in the last few months and you get a letter / phone call from N you know where it came from)

    The emails have no legal standing, they are not even worth the electricity used to display the text on your screen. If it was printed it wouldn't be worth wiping your backside on it.

    What really annoyed me was the ease in which customer details where handed over, wholey shit, all my customer data would magically disappear if I had a enforceable request like that. But these guys just gave it up on a simple curtsey email!

    GGRRRR

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    Feel sad when I had came to this news.
    They are providing some guidelines to detect the fake cards also.
    There's only a few differences I've spotted:
    * The included strap and rubber inside the casing are a darker blue. The enclosed ones in mine are turquoise.
    * The CD sleeve has a plastic window on it. The enclosed CD sleeve in mine has no window.
    * I don't know if this matters or not but the sticker label in mine was on a piece of plastic allowing the user to apply the sticker themselves.
    * The R4 supposedly comes equipped with a spring-load for the Micro SD, mine seems to have this feature absent.
    * The CD included has the latest R4DS kernel software, not sure if that matters or not...

    I've tested the R4DS and the only issue I've seen so far is there seems to be an error or something running Moonshell. Otherwise the Kernel (Which I downloaded directly from the R4DS site.) works flawlessly and I can play NDS roms without trouble. I'm pretty convinced mine's the real deal but I wanted to be sure... Thanks.

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    Senior Member urban_s0ulja's Avatar
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    Another interesting update to this article;

    UPDATE - The two parties have since informed us that the matter was settled out of court, but in such a manner that the Judge was still permitted to pass down an order. Technically, our original standfirst suggesting that the R4 chip is now illegal may be incorrect.

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    Senior Member Jaz808's Avatar
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    if the card itself contain no data just like a blank wafer, then how can it be illegal
    scare tatics!

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    Senior Member cwispy's Avatar
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    I think you will find that the issue is the firmware on the carts contains reverse engineered code from the firmware which is protected under copyright and probably also a patent.
    What would you do if your server was stolen or failed beyond repair?
    http://www.2000cn.com.au/shadowprotect.html

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    hey as long as dx don't give out details we are fine.

    Can you imagine the pain that would cause

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    I was thinking about getting a new DS soon, does this mean I should rush into getting an R4 now before they are unobtainable?

    Can anyone PM me with details of where to get one and which one is best?
    (I hope asking that is not breaking any rules?)

    Cheers,
    Rat

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