Nintendo Suing Console Hacking Website
Nintendo has filed suit against the well known console modification website HackYourConsole.com. The site offers R4 cards, console modding, and helpful information about the process of doing so. All of which Nintendo says “blatantly promotes and sells unauthorized Nintendo games.” Nintendo filed the lawsuit in the Southern District of Florida where the HackYourConsole was first founded.
Nintendo Sues HackYourConsole
The modded consoles and handhelds are designed to use flashcards that contain roms of games. The cards usually hold several different games, allowing the user to keep an extensive library on a single card. The use of this technology is not explicitly illegal, but can be in a grey area. HackYourConsole comments on the topic their F.A.Q. saying that, “No it is not illegal, however the software you put on the R4 may be. The cards themselves aren’t illegal because there’s plenty of things that are legitimately free for them. It’s the actual ds games that you download that are illegal. Backups and NDS roms are a touchy subject. If you don’t own the game usually a back up is illegal. According to the law, you are allowed to have the software/games (ROMS) as long as you have purchased and own the original copy of the game.”
This of course means that Nintendo might have some trouble going after them in court. The activities they practice and sell aren’t actually illegal. Once you own your console you can change and mod it in any way as long as it doesn’t do anything illegal. Heck, even downloading roms isn’t illegal if you own the physical game already. Seems like Nintendo might be trying to go after the gun manufacturer in a homocide crime.
Nintendo seem sure that they’re on the right side of the fence however. They believe that these sort of services actively interfere with the development of video games, and the industry as a whole. Nintendo says that piracy is a world-wide problem that, “continues to stifle the growth of the creative development community.” If you are aware of anyone who is illegally copying games, then they ask you to contact Nintendo directly at 800-255-3700.