Nintendo Appeals Flash Cart Ruling

Nintendo Appeals Flash Cart Ruling

Nintendo is to appeal a recent ruling by the Paris Criminal Court in favour of DS flash cart manufacturers.

The platform holder took French firm Divineo to court for producing DS flash carts that enable users to play non-authorised games and media on the portable, but last week the judge in the case sided with the defendant, ruling that companies creating such devices for the system weren’t violating the law.

“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 said in a statement. “Nintendo welcomes the prosecutor’s decision to appeal the judgment. As a victim Nintendo will join his appeal.”

The platform holder also noted that Divineo has already been prohibited by a Hong Kong court to manufacture, market or export products intended to circumvent Nintendo’s technical prevention measures.

“In 2008, the Hong Kong court handed down two judgments ordering Max Louarn and Divineo France to pay Nintendo €44,605,082 damages. Nintendo is yet to receive these damages and is seeking enforcement of the judgements through the court at Avignon.

“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.”