A French pirate dog, of course.

DS flash card manufacturer Divineo won big in France earlier this week, and Nintendo is not happy about it.

A lawsuit filed by Nintendo against the company was thrown out in Paris’ Criminal Court earlier this week, with the judge saying that Nintendo should adopt a more open development system to allow anyone to create applications – like a PC, where piracy apparently is nonexistent.

In a statement issued to MCV, Nintendo declared their intention to fight the power:

Nintendo is extremely disappointed with the decision by Paris’ Criminal Court to find Max Louarn, his company, Divineo, and other co-defendants not guilty in the criminal case involving the sale and distribution of game copying devices.

Nintendo welcomes the Prosecutor’s decision to Appeal the Judgment. As a victim Nintendo will join his Appeal. Nintendo supports action against the distributors of such devices.

Nintendo maintains that infringement of its intellectual property rights, on its trademarks, software, its technical prevention measures and its video games is causing damage to the whole video game industry, preventing developers from gaining the full benefit of their hard work and creativity, but also to the customers who expect the highest standards and integrity from products bearing the Nintendo name.

Divineo already owes Nintendo €45m in damages from an earlier, more successful prosecution in Hong Kong. Good luck getting that money, Nintendo.