Nintendo DS R4 Importer Sentenced to Prison

[twu]

[citation][nom]rhino13[/nom]Did you know that public drunkeness is ilegal?So is carrying around an opened alcohol container.That means that a cop can arrest you for picking up a can of booze that some one tossed on the side walk-- even if you're just carrying it to the trash can![/citation]

In the state of Maryland, a person will put in jail if he/she kicked an empty beer bottle at any public places.
Not joking.

 

[universalremonster]

This guy was aiding in theft and he knew it, as do we.

ummm no WE don't... Speak for yourself only please.

fflam what you are referring to is this:
http://pressxordie.wordpress.com/2009/12/04/france-court-deems-r4-co-legal/

But that's France, he was convicted in London.

Here is a link to a link to a different verdict in the UK involving game piracy just to show you some of their definitions of infringement: http://www.bailii.org/ew/cases/EWCA/Crim/2009/2293.html

296ZB Devices and services designed to circumvent technological measures
(1) A person commits an offence if he--
(a) manufactures for sale or hire, or
(b) imports otherwise than for his private and domestic use, or
(c) in the course of a business--
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) advertises for sale or hire, or
(iv) possesses, or
(v) distributes, or
(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,
any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.

The thing is, there are so many perfectly legal devices in the world that CAN be used in an illegal manner.... But that doesn't matter unless the devices sole purpose of existence is to be used for illegal activity. Is homebrew software illegal? Not that I am aware of but that is really the main question. I really don't see how this is any different from the past when you could use a smartcard reader/writer plus software to pirate DirecTV's satellite signal. This same sort of smartcard reader/writer is used to make electronic door keys in some hotels. Are we arresting the importer of smart card writers? no. why not? I mean they can circumvent an encrypted satellite signal? If it's the devices ability to pirate copywrited material that has the UK courts in a tizzy, are we going to start arresting Amazon UK employees for importing/selling this?

http://www.amazon.co.uk/Sony-RCDW100B-Recordable-CD-Player/dp/B00013JW1Y/ref=sr_1_1?ie=UTF8&s=electronics&qid=1264084176&sr=1-1

Why not? Heck I don't even need to add any 3rd party software. This thing is riproarin out of the box to enable me to pirate my ass off all day long. My personal CD collection is only a button push away....and I suppose its all Amazons fault am I right?

Forgive my wall of text please..but opinions had to be expressed.

 

[blackbeastofaaaaagh]

> I prefer the analogy of an unloaded gun. Sure, you're probably not going to do anything illegal with an unloaded gun, but it's pretty easy to go find some bullets.

The "gun analogy" is a rather poor one. A gun is a very dangerous device than needs a great deal of care while handling. No one can say that giving a kid (any) video game is the equivalent of handing him a gun (without supervision).

A better analogy would be arresting someone for importing gun metal. It can be used to forge a gun but also has other valid uses.

If the guy was selling the flash devices with pirated software pre-installed then I say he should go to prison. To me this case is like arresting someone for importing blank CD, DVDs, magnetic tape, etc.

 

[Guest]

If Chewbacca was a Wookie, they must aquit.

 

[bbchow]

I'm a little surprised that this would happen, as the devices them self do not commit any acts of piracy. I personally own an R4, to utilize mostly home brew, such as multimedia software (R4 come with a homebrew moonshell) and a home brew web browser.

Copyright laws differ however where ever you live, I myself live in Canada, which has ever growing stricter laws, but the nation which produces much of the downloaded content of copyrighted materials (You notice a lot of Canadian Network televisions watermarks on most video copyright violating media)

We charge the makers of pirated materials, and those who buy/download/use them. Historically the most commonly used case is Sony Corp. of America v. Universal City Studios, Inc.

 

[blackbeastofaaaaagh]

To: universalremonster

"... any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures."

The keyword hear is "primarily". So, all that the prosecution has to show is that the device is more likely to be used for piracy than for legitimate purposes. That is way the law needs to be re-worded.

 

[Guest]

These people still have yet to overthrow a monarch and a house of parliament consisting of 'Lords', so I'm not surprised by anything they do over there. These modchip guys don't even get a jury, they say that tech issues are too hard for a jury to understand, so they are tried by a panel of 'specialist' judges. Citizens of the UK have no rights, never did, no one should be surprised. Man up, and start a revolution like the rest of your ex-empire.

 

[Guest]

Well, then they better send, sony, toshiba, LG, Lite ON, and all the other DVD/cd writer makers to jail aswell.

 

[JohnnyLucky]

I see that 26,500 R4 devices were imported into the UK that are somehow related to an infringement issue. Unfortunately, additional pertinent information was omitted.

 

[JohnnyLucky]

I had to go find a different news article to understand the issue.

 

[Guest]

I can't believe the comments on this page. Don't you think the law would make sure they have the correct evidence before taking this to trial. Wow, it's mind blowing how some of you think the law would just try and convict him for importing a product!!! He was actually selling the devices with the software already on the R4 required to play copied games!

I'm not a great fan of the law (that's an understatment) but even an idiot knows that they're has to be sufficient evidence to convict someone or even a £2 lawyer could have got him off with some of the comments you've used.

 

[dawolf74]

@back by demand

HEY MORON.

Maybe you haven't had any "school massacres" but since banning guns your violent crime and petty crime rate has gone UP.

Any place where handguns have been banned, the same thing has occurred.

Gun sales have been up in the us around 20% over the last year and a half. And guess what genius with the big brain pan. The crime rate has dropped almost 10%.

The only correlation between crime and guns that can be proved in any statistical analysis, is that armed citizens reduce crime. Period. End of debate. Actual facts as opposed to your emotional appeal.

The disarming of private citizens is for one reason only, that is to dis-empower them and make them even more dependent on the state for their very lives.

Anyone that believe the anti-gun propaganda without having the actual intelligence to go look up simple statistics does not deserve the "right" to comment on gun rights.

The right to defend yourself up to and including deadly force is a natural right of all human beings, even self hating sociopaths such as yourself that would rather empower criminals to harass and kill innocents then to allow those innocents to defend themselves.

Here in America, we don't tend to fall for whatever shoveled shit those in power push towards us, we actually still have the free will left to reference ridiculous claims.

 

[roldy]

The most ironic thing I find about this is that toms sponsored links peppered@ the bottom of this article are for R4i's (maybe this is just what I see, is it?). It would seem that accessories to this 'crime' are right under our noses!

Wholesale/Resale Volume Discount they say? These links could very well have been this guy's supplier!

The fact that these sponsored links are also 'Ads by Google' means one of the worlds largest tech firms turns a blind eye to it, (yet some small fish reseller does time.) so it'll serve google right when some bootleg android OS shows up somewhere, somehow... just for the sake of sheer karma

Ahhh the information age, fantastic!

 

[techguy911]

So the number once piracy object gets no attention? cd's and dvd's if they can go after him why not mfg of writable meda media?,sd card mfg and hd mfg.

 

[michaelahess]

I actually use one for homebrew exclusively, this is completely bogus. The gun store owner doesn't get jailed for selling a gun legally to someone that goes on a killing spree.....stupid!

 

[universalremonster]

The keyword hear is "primarily". So, all that the prosecution has to show is that the device is more likely to be used for piracy than for legitimate purposes. That is way the law needs to be re-worded.

True, but I guess when I think of "primarily" it would be much more cut and dry then what this is. Also, these devices are not deemed illigal to possess or sell in the UK. (or apparently now it is) I think what really bothers me about this is that I work for a small mom an pop game store. I do not condone piracy of game software because it obviously has a direct impact on the industry that makes sure I get a paycheck. While we do not carry anything like this device at all, it still bothers me that we could actually be sent to jail for merely carrying something that is not illegal to begin with simply because of what the customer may or may not do with it after the fact. Of course I'm only one person and this is too small of a sample, but I work alongside one of our part time guys that has gone to college for video game design. He would absolutely be interested in something like this to write his own software just for the fun of using what he's learned at school. On the otherhand I do not personally know anyone first hand that has/will use such an item to pirate. So in my very small case its primary use will be to make homebrew software. Are there people using them to pirate? yes most definately, but anything that can be pirated will be. Thing is, I do not feel that anyone has fully defined the primary use of these items to the point of putting someone in jail for merely importing them. I mean, you have a court in France is upholding the legality of the devices. Sure in Japan they have been ruled illegal to resell but you have to think that is Nintendo's influence in their home country defining "primary use" and those laws mention nothing of importing or posessing them. I also feel that there is so much more to this that is not being reported... He had to have been advertising the sale of them for the intent of copying/piracy or perhaps had something preloaded, or software giving you the ability to pirate bundled with the device.

I agree that the whole gun arguement is quite extreme.. but I think people are using an extreme example to try to better drive home the idea that a device like a gun only has a couple of different uses, some of which will be illegal. But you cannot fault the gun importer/seller for the intent of the customer or the outcome of an illegal activity involving that gun. Even though we know that worst case senarios see guns involved in robbery and murder, they are legal and that gun importer/seller had every right to sell it. Hehe..defiantely an over the top comparison and probably not the first thing I would have chosen to compare it to..But while you were on the subject...

Sorry for another wall... I must be touchy today or something.

 

[rooket]

R4 is old hat plus anyone who gives -1 to someone pointing out that its primary purouse is piracy is a tool. Less than 1% of people who own these devices dev homebrew.

 

[Guest]

I live in Hull and was surprised when my brother sent me this link. I completely agree with Rab1d-BDGR's comment btw.

 

[doc70]

[citation][nom]Rocketscience[/nom]I can't believe the comments on this page. Don't you think the law would make sure they have the correct evidence before taking this to trial. Wow, it's mind blowing how some of you think the law would just try and convict him for importing a product!!! He was actually selling the devices with the software already on the R4 required to play copied games! I'm not a great fan of the law (that's an understatment) but even an idiot knows that they're has to be sufficient evidence to convict someone or even a £2 lawyer could have got him off with some of the comments you've used.[/citation]
Then you must have read a different article or have other sources of info. I am not saying that you're wrong, but if you know something that is not covered/revealed in the article does not mean that everybody should have the same info before posting.
Remember, it's this article here that's being discussed. No reason for you to get antsy with the others on this page. Nor to indirectly call them idiots or something even less than that (see your second paragraph). If you did not get this whole argument then you must fall in the same category.

 

[placex]

@ Rab1d-BDGR
You really must be kidding about the violent crime rate going down... Even if it has gone down it dose not remove the UK from the honor of having the title of "Most Violent"!

http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/5712573/UK-is-violent-crime-capital-of-Europe.html

According to numbers from the UK, not another biased source, the USA is less than a quarter as violent. I really don't see how this can lend to the argument that banning guns from law abiding citizens makes the world a better safer place.