Might as well ban the use of MicroSD cards too, since I use them to run my old Pokemon games for the GBC on my Android. I've still got the cartridges, it's just that Pokemon Yellow doesn't really hold a savegame anymore, and I also have a hard time fitting the cartridge in the MicroSD slot!
Go Fernandez, time to put these control freak companies back in their place. The only problem is the fight is uphill since these companies buy off our slimy politicians and judges with donations and such.
This is like suing a hardware store for selling hammers that can be used to break a window to commit theft. I used to love nintendo, but this law suit is stupid beyond belief and I hope they lose. Go Fernandez!
[citation][nom]otacon72[/nom]"he's not responsible for what consumers do with the cards"...he's going to lose and badly.[/citation]
From what I understood, he is not selling jail-breaking cards. He is selling memory cards. These cards can be loaded with software that can jail-break the DS. Alternatively, people could be loading pictures onto these cards, or, as the guy said, any number of legal programs available on the internet.
The logic being used by Nintendo is that because it could be used to commit a crime, it should be illegal, but then everything would be illegal (though I do recall the MPAA and RIAA trying to sue computer manufacturers since computers can be used to rip music and movies). All these corporations are F-ed. Sadly, those corporations run America, but it sounds like some other countries might not be so corrupted yet.
Next we'll see companies suing HDD manufacturers because people might use them to store pirated songs. Or maybe that extra RAM you got for your laptop could be used in the execution of some pirated software! Gasp! Better get those video card people too, how dare they transmit pirated movie content to your monitor, for that matter how dare the monitor accept it! And those processors, with their too-dumb-to-tell-if-it-is-pirated-or-not transistors. Of course we'll have to take out those blasted NICs eventually; block up the tubes so we can go back to the good old days of consumers being farmed for every penny and having no alternative. After all, there is clearly no possible good reason anyone could have for using any of those things. Who has two thumbs and would knock society back half a century if it meant a few more bucks? This guy!
If that is Nintendo's argument against the very legality of these cards then where does it stop?
Blank CD/DVD/BR disks can be used for similar purposes. Hard-drives can be used to store and use pirated content. A automobile can be used for many reasons to break the law.
See where this logic ends up? Corporations have tried this argument before but the problem is they want the law to be a special exception to their cause and any fair law system cannot grant such. Either its legal or anything/everything that can possibly be used to break the law must be banned.
Also while I can understand the stance against piracy to oppose the user to find useful
and desirable things it can do on the side is just actually down right idiotic. If people can make ways to make the product more desirable this will naturally boost sales. Not only that Nintendo could easily take note of what users desire and attempt to bring those features in the next product once again boosting sales.
[citation][nom]memadmax[/nom]Nintendo's case is dead in the water.....Next![/citation]
Matters on the laws of the land. From what I understand they actually were able to get these cards to be illegal in Japan.
As stated before, it depends on the law of the land. Ultimately, he could just stop selling the cards for a set amount of time until he is officially and legally allowed to do so from a court ruling.
The problem with Nintendo is the fact that this unit could be used to copy games illegally. Maybe what Nintendo needs to prove is the number of illegal games are out there in relationship to the sales they receive from legal games. I think they would find they lose more money on used games being resold than pirated games.
"People have it in their heads that everything that you get off the Internet is pirated, and it is not."
Yes it is, freeware doesn't exist at all, wtf did this statement come from? Lala land? Hell I even pay $0.02 per cubic meter of air I breathe, nothing is free in Corpworld. At least the taxes on how much we pay per step taken on public property dropped down to 8% after our new sinister dictator came into power.
Actually it isn't as either clear cut or "simple" and easy as just simply being the use of the card. The idea is "does the technology use by Nintendo lead to monopoly usage" and that answer is no and is really closer to a frivolous one really.
Tons of the posts here are getting idiotic on homebrewed systems and actions to be honest. I mean really guys, whether it was Napoleon, Reggie, Eklipz, Nuclear even yours Twitching. The basis of the lawsuit is not so much the card itself, the basis is the intended purpose of the card; a card designed to do nothing more than circumvent and namely allow for the use of illegal actions on th device.
This itself mirrors torrent cases where a company gets sued namely for the development and distribution of software and means that predominately support activities that are in the realm of pirating activities and Mr. Fernandez is saying "omgz I don't know that they are pirating illegally I just supply the means". That in itself is a weak case overall and Nintendo has the upper-hand more than most of the posters realize.
Thirdly, seriously people, can we just all stop being douches of the "omfg it better be free or pirated because if not, well F* company (insert name)" because this attitude and complex is getting more and more childish. So a company is not taking matters sitting down when it comes to asking to be paid for itself. Yes I see how its a crime to actually request to be paid. Obviously tons of you who posted in support of Fernandez also like to work for free and not get paid for what you do as well.
Worse yet, a company goes into business to make a profit, whether its Xbox, Apple or Sony or Nintendo even. Frankly when it comes to posters on these forums you have few issues with Apple making money (despite their attitude being more rigorous on product control on the company end) and yet feel more than happy to dish on other companies. Yea this double standard is equally as idiotic.