Though Nintendo has succeeded in making each consecutive system tougher to hack than others, the company's hardware is still modded and hacked with regularity. It's a debate that certainly raises interesting questions - tools for 'homebrew' that are a haven for curious tech-heads can also be used for blatant piracy. As is often the case, those with bad intentions often get the focus as opposed to curious hardware dabblers.
Nintendo has now issued a press release to highlight a court victory of a Canadian retailer that was prolific in selling modding equipment, flashcarts and more. Based upon the tone of the press release the biggest mistake 'Go Cyber Shopping Ltd' made was being rather cocky and open about its business.
A Canadian federal court ruled in favor of Nintendo of America Inc. in its case against Jeramie King and his affiliated business, Go Cyber Shopping Ltd. The case confirms that the distribution of circumvention devices – "flashcarts," "modchips" and "game copiers" such as Sky3DS, Gateway 3DS and similar devices – is illegal. In a strong rebuke to the defendant's activities, the court awarded Nintendo $12.76 million (CAD) against Go Cyber Shopping Ltd., including $1 million in punitive damages. The case is the first of its kind to test the Canadian Copyright Act's Anti-Circumvention law and resulted in a resounding win for Nintendo.
Through a storefront and multiple websites that he controlled, King was a prolific distributor of large quantities of game copier devices and modchips, and also offered hardware-modification services. Game copiers and modchips enable users to circumvent Nintendo's console security to download and play illegal copies of video game software in violation of Nintendo's copyrights and trademarks. After years of routinely boasting of his activities on social media, King will now be forced to issue an apology on his website for the damage that he caused to Nintendo, its developers and partners.
Some of those flashcart brands will be familiar to close followers of the 3DS modding / hacking scene.
The $12.76 million (CAD) fine is certainly a hefty one, and at the time of writing the relevant website doesn't appear to have published its apology, though not much time has yet passed since the judgement. The store isn't currently listing the named 3DS flashcarts, but does still have modding kits for the likes of Wii U up for sale.
It'll be interesting whether this case opens up a precedent for Nintendo to pursue more online retailers of this kind. We've seen similar 'wins' in Japan, for example, so the company is evidently keen to tackle these sorts of products through the legal means at its disposal.
Comments 54
GUILTY !!!
WHAM !!!
Done...!
Phew.... i'm glad Nintendo wins that court.
Piracy is very serious criminal.
Nintendo should keep fighting against them.
I know I will be unpopular about my opinion, but to me this is the same as demanding a store for selling guns because they can be used to kill people.
Yes, guns can technically be used for hunting and fun, but honestly, they are more used, to rob and to kill people.
My point being, yes those cartridge are created mostly to be able to play pirate copies of the games, and even thou I don't have one, I don't think nintendo should win this cases.
My computer is technically able to play pirate copies of games, so anyone with a computer is basically a pirate so we can't sell more pcs. I can use my pc to emulate wii, gamecube and so on, which in theory lets me pirate stuff.
Oh well, what does it matter...
Its like a Hydra; chop off one head and three take its place.
If Nintendo really wants to do something, they would go after the people making Brickway and Sky3DS+. And even then, not many people buy them anymore with all the CFW available for free on the 3ds.
Either way, good for Nintendo winning, I guess.
$13 million fine. Unlucky for some.
The flashcart solutions Sky3DS and Gateway were such a blunder in terms of piracy-execution and actual moral premise. I think both sides of the 3DS-hacking aisle can happily dance on it's grave.
I hope this doesn't impact flashcarts for retro consoles where most games can't be purchased new any more. In particular Krikzz's Everdrive carts. They are an absolute godsend for anyone who doesn't want to give £100's to collectors on eBay to experience some great retro games that can't be purchased new.
Nintendo and other publishers shouldn't be losing money from these, except possibly some VC money. I personally always buy games on the VC that I play on Everdrives if they're available. But I know most won't.
I guess we'll see.
Interesting, Nintendo apparently doesn't care about the Wii U being modded.
Well there goes my chance of hacking my N3DS. There will be something else in the works. I'm still optimistic it can still be done.
@AlbertXi that logic just doesn't work. Can't believe you made that comparison. Couldn't you think of anything else?
@AlbertXi If 99% of the guns were used to kill people, I'd agree. (;
@faint Why do I need to convince you? you want to be convinced? No matter what logic I use you will say what Nintendo did is correct, that as I said it is, I just find it stupid, I should be able to buy a 3DSflash cart if I wanted to for whatever purpose.
Computer ares used to pirate software, torrent is mostly use to pirate but have they been able to ban the torrent protocol? no, they have legitimate use.
So nintendo has the right to do prosecute, but in my eyes is just nintendo being as usuals.
Like when then went against blockbuster for rental, as asking youtuber to give them money for their stream and so on.
@lemonslice I will bet you that 99% of guns are used to kill people, because 99% of guns are probably used right now in wars and by drug cartels, by robbers, gangs and so on.
Even when you keep them at home for "protection" then end use is to kill people, only people who use it for legitimate hunt and sport and those I bet are just the 1% (think of how many guns are used right now for war purposes) and you will realize that 1% could stil be millions
@AlbertXi Selling these devices is illegal and has been for some time I think in most Western countries. Their sole purpose is to circumvent the copy protection on Nintendo's products.
In comparison to the gun store, it's not like they're in trouble because guns are dangerous. It's because selling them is illegal.
@Skunkfish What do you consider western world? because in spain Nintendo has lost case after case.
If those devices were Illegal they will not get sued and taken to court, they get closed straight away.
The whole point of the cause is for the store to demonstrate they are not and nintendo why is bad.
Well, Nintendo has their work cut out for them with China...
Unfortunately for Nintendo the damage was done to the 3DS, and flashcarts like the Sky3DS and Gateway are no longer relevant. Savvy hackers do not need any such flashcarts for the 3DS.
@AlbertXi Well, PC emulation is a little different because you could argue that the vast majority of it happens for dead systems, so it serves an archival purpose (we'll for sure see libraries hosting emulators in our lifetime). And homebrew definitely keeps dead systems alive. You see that with things like the Wii and Dreamcast especially.
I just think you run into a real legal issue when there's the chance of stealing revenue from game companies that are making games for a current system.
@AlbertXi I'm talking about comparing flash carts to guns. That does not make any sense.
@AlbertXi The EU Copyright Directive should make them illegal in Spain:
Article 6 of the Copyright Directive requires that Member States must provide "adequate legal protection" against the intentional circumvention of "effective technological measures" designed to prevent or restrict acts of copying not authorised by the rightholders of any copyright, related right or the sui generis right in databases (preamble paragraph 47). Member States must also provide "adequate legal protection" against the manufacture, import, distribution, sale, rental, advertisement, or possession "for commercial purposes of devices, products or components or the provision of services which":
are promoted, advertised or marketed for the purpose of circumvention of, or
have only a limited commercially significant purpose or use other than to circumvent, or
are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.
While I love "Homebrew" flashcarts are one thing that I think should be completely DESTROYED. There are very few purposes for them other than piracy as far as I know, especially when you can launch Homebrew on all 3DS models through the SOUND PLAYER.
Hahahahahahaha I love when these losers lose. They deserve it.
@River3636 Flashcarts are not the best option for hacking a 3DS anyway. If anything happens to the SD Card Gateway might think something has been tampered with and brick the 3DS. I'm not even kidding.
LOL, Nintendo is wasting their time on these flashcart pirates. If you are aware of the 3DS hacking scene you will know that now everyone is using custom firmware that requires no additional hardware and is free.
The piracy on 3DS is unprecedented, people are not even downloading roms and putting it on their sd cards. They are downloading the games and dlc directly from Nintendo's server and Nintendo can't do anything about it. I hope Nintendo learn their lesson with 3DS and do better with Switch.
@AlbertXi
Everything in the world are like Two Edged Sword. One have Positive side, One have Negative side. Even the things that you think not dangerous actually can be dangerous too.
Example : Pencil.
(+) Writing, drawing.
(-) Drawing or writing inappropriate content, stabbing people.
HCl (Chloric Acid)
(+) Cleaning tile floor
(-) Misused for harm people like latest news in my country. A man sprayed a Chloric Acid toward his wife due to jealousy. His wife now suffered in chemical burn injured and has sent to hospital for medic treatment.
Book
(+) Provide information, funny things, knowledge, etc.
(-) Provide vulgar pics, sarcastic words, propaganda, hatred, etc
Video games
(+) Stimulate Left & Right brain, for having fun, play together
(-) Violence, Sadistic, Adult content, can make you Aggresive, Anti Social, Apathetic, etc
Towel
(+) Wiping sweat or wet surface
(-) Killing people by suffocating their respiration with towel
Well... still so many things that can be misused for negative purpose.
didn't nintendo get caught selling a hacked rom themselves in the virtual console?
And people say Nintendo ignores the big boys and only goes for the little man who can't defend himself.
What exactly does this look like to you?
@Jamotello I think so, but then again, it was their game to begin with.
@Som64 Really though, there hasn't been a stability update for the thing since last year, and exploits and homebrew applications are only going to get better every day...
Seems like Nintendo is only going after 3DS hacking because at this point the 3DS is still profitable, unlike the Wii U.
Glad I modded my 3DS before hand, I feel bad for some 3DS users that want to play games via flashcart. Oh well, the damage has been done, I see no use in complaining.
@Anti-Matter
If I ever see you I'm going to hide the towels!!!
@Anti-Matter "Towel
(+) Wiping sweat or wet surface
(-) Killing people by suffocating their respiration with towel"
I think we should all be a little worried that you came up with that randomly out of nowhere
nintendo never loses.
you run up on nintendo this is what happens.
catch me outside!
@River3636 Just Get Cfw
There is one for 3DS. I thought that was for PS3.
@PipeGuy64Bit that never happened with my DS. When the 3DS is about to die then you mod it. It is what you do. My WiiU days are on the mod once I get around to it .
"If they cut off one head, two more shall take its place"
To quote a famous poet and children's author: "Hard luck! Always knew you were a bit weak."
Well I don't care. Best thing to happen to my Vita is the HENKAKU Hack and yes I have many Ninty emulators playing Ninty games that u can wait a lifetime for waiting for them to come out on VC and they still might not come. Yep my Vita is a great Nintendo VC machine,the library is bigger than anything u will get on switch. I ain't ashamed of this at all
@NintySnesMan to bad the update killed it for me.
@River3636
Nah mate they have just released some homebrew tools for 3.63 fw,it's not HENKAKU but it's a start plus these new tools are made by the Henkaku guys. As we speak there are a handful of hackers working on a exploit for the latest update,they will eventually have Henkaku running on latest FW
@Nintendian Its not a waste of time when you get paid for the damages though.
@NintySnesMan interesting, but Henkaku said they won't be working on it.mthis s good news. To bad I'm in Switchmas mode.
@NintySnesMan yea my psp is my all in one emulation handheld virtual console king.
Wii u and Wii is my tv mode retro king.
Who needs a switch when I have the hybrid thing going on already
Fine by me. I have nothing against homebrew, but piracy is a major nope.
I agree that most everyday objects can be used for good and bad. Quicklime, bats (the hitting kind), guns, pillows, pencils, movies, cell phones, etc. Most have the common sense to use these things properly, but there's always a stupid minority that ruins it for everyone else.
@NEStalgia
Don't wory. I just only explained about positive and negative side of the things in the world. Sorry for making you a little bit intimidated.
@NintySnesMan
Gosh....
Hacked ps vita playing Nintendo games...
>_<
This won't prevent digital copying of games that are physically read, nor piracy as a whole, for that matter, but it will stop the blatant physical distribution of a device series that is clearly not intended for backup purposes, DRM-free principles, etc. So although I would disagree with taking action against nonprofitable digital homebrew, I applaud the secession of a for-profit venture that has mostly only been created for self-gain.
@AlbertXi Gun sales are different for two major reasons (in the U.S., at least). First of all, gun ownership is legal and a protected constitutional right. Second, they are restricted in ways that help lower iilegal use, such as mandatory background checks and the banning of certain varities for private ownership such as assault rifles. (Of course, there are still many ways to illegally obtain a firearm, but that's a different story. The regulations still help to a certain degree.) However, there's no easy way to regulate such modding devices, and there's certainly no real need of their legitimate uses to necesitate their existance in the first place.
@Anti-Matter Oh it's all in good fun! I'm just surprised you can have a dark sense of humor
Consumers would have no need to hack or mod their systems if Nintendo would give customers what they want! Look at the drought of VC titles for 3ds! If they would stop being so lazy and stop making excuses they could easily put out more than one title a week.
@BulbasaurusRex "mandatory background checks"
Oh hoo hoo hoo... I see you've never attended/heard about gun shows sponsored by the NRA...
@Anti-Matter For books, you forgot paper cuts.
@PlywoodStick
Ouch...
Yeah, I forgot.
@Shikinouta Seriously! At this point, where Nintendo's most current level of stability, as godly as it is, can be broken through using an app that comes with the system, selling an external product that does the same exact thing is high-end robbery!
This won't matter with all the softmodding going around, now you can even softmod your N3DS (normal or XL) just like that! There are even tutorials online if you wanna do it yourself lol.. But on the other hand it's good that they got these guys, they were basically exploiting people by asking them money to buy something (the carts) that's used to get games that they don't own in the first place! I've seen this a lot lately, more and more people taking advantage of piracy for their own 'enriching' (lol i don't even know if this word exists xD) purposes, it's worse than communism really..
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