DS pirate carts now illegal in UK
Judge slams the banhammer.
R4 cartridges, which are used to play pirated copies of games on the Nintendo DS, are now illegal in the UK.
A judge ruled against R4 company Playables Limited and Wai Dat Chan, making it illegal to import, advertise and sell R4 carts in Britain.
The "first-ever" judgement was made after the London High Court ruled the carts were illegal because they bypass the DS's security measures in order to run games.
"Nintendo promotes and fosters game development and creativity, and strongly supports the game developers who legitimately create new and innovative applications," Nintendo said in a statement.
"Nintendo initiates these actions not only on its own behalf, but also on behalf of over 1,400 video game-development companies that depend on legitimate sales of games for their survival.
In the U.K. alone, there have been over 100,000 game copying devices seized since 2009, Nintendo said.
Playables Limited and Wai Dat Chan argued that game copiers were lawful because they allow for the play of "homebrew" applications. Obviously that didn't work.
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Comments (120) Latest comment 2 years ago
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But not illegal to own?
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..but it should be a useful ruling to have in place when companies start trying similar things with the 3DS.
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Have they just banned R4s, or all homebrew carts?
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Yeah. Selling R4 carts stacked with games for £40 a pop is going to do the likes of them nicely.
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The price of a Kilo has almost doubled in the last 5 years.
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If people want to homebrew why not do it on a PC or mobile device such as Android or iOS.
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[link url=http://gizmodo.com/5596571/federal-judge-ok -to-break-drm-for-fair-use
]http://gi zmodo.com/5596571/federal-judge...[/link]
I don't see why I can't use a backup cart to keep copies of the legit games I have bought just in case I lose them or break them or my dog chews them (like my homework).
Anyway - it doesn't stop people from using them... or even manufacturing them does it?
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It also adds to the value of games for the kids instead of seeing/treating them as disposables.
And seriously: is homebrewing a 'right' on the DS? I think piracy aspect outweighs the homebrewing argument here. It's not like you are all gonna toss out the R4's anyways.
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The object itself should not be illegal as it doesn't actually break any laws. Advertising illegal use of it should be banned and the actual illegal activity on it should be stopped (although that is pretty much impossible to do)l, but that is all I thought they would be able to do.
This is exactly the same issues as have hit recorders in the past.
I have a feeling this ruling is not going to be up-holdable.
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We should also ban blank CDs, because - you know.
I am a supporter of copyright by the way, I buy -everything- but I can't support idiotic laws like the EUCD. In no way should it be illegal to run bespoke software on a device you own.
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I have a feeling they already don't...
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Fuck you, legal system.
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Not one single instance of "homebrew" or "indie developers" software among them, exclusively used for mass DS piracy. R4 spread through my nieces and nephews schools like wildfire, once one kid got them they showed their mates and got their parents to buy one for them ... download pirate games for all from then onwards.
@ sonicyoda: how do "independent developers" earn money from making games for R4?
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Now i don't know whether the games they were playing were pirated or just backed up from their legit carts at home, but i previously had no idea how widespread the use of these devices were.
I had thought they were only used by the typical mod/import crowd, not by every kid with a DS.
I'm all for banning these types of device, but it surely is the attitudes of the parents which are really the issue here, like madgerald said, they know its ilegal, but either don't realise or don't care who their actions are harming.
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If there was a decent rental system in the Netherlands I would go there for games I'm only half interested in, but now I just wait till they drop till 5-10 bucks afterwards. This is barely going to affect sales I'm afraid. Cause the users weren't planning on spending much anyway me thinks.
And DS games are rarely even worth the admission. Apart from big hitters like DQIX or Zelda. There's so much crap.
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either way I'm quite conflicted about this. piracy has certainly hurt the DS market - I've heard many publishers saying they can't release interesting niche game X on the DS because 90% of their potential audience would just download it, which has resulted in a market mainly consisting of games about horses. (though the major retailers are also part of the problem here) But on the other hand I do have one of these cards, and it's a million times more convenient being able to carry all my games around on it, not to mention the ability to play music long before the DSi, watch video, draw, chat on MSN, run emulators (yes okay that's illegal, but again it's filling a gap left by Nintendo - there's no legit way to play 99% of old games on a handheld), write my own software and a million other things that aren't possible with a stock DS.
What console makers should really do is open their systems up to homebrew from the start, while locking commercial games down tighter than a duck's arsehole (if reports are true Nintendo are already planning to let users copy games to the 3DS's internal memory, so that should eliminate the one legitimate reason for a commercial ROM playing device). IIRC all the major advances allowing these cards to exist were made by homebrew developers rather than pirates, and simply copied by all the cart manufacturers.
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Same arguements, the piracy sells systems, the games are too expensive, regardless of this judgement, if you want one of these devices, you will get one, even more so in the global market we have at our fingertips these days.
I have an R4, and I have played pirate software on it, so hang me... But wait! Anything I have played that is worth buying I have bought, Henry Hatsworth a good example, importing Contra 4 and Retro Game Challenge because they were not released here... What about obscure Japanese stuff like Bokura no Telebi Game Kentei? Bought it because I played it on the R4 first!
And then there is excellent homebrew like the Spectrum emulator (I know, some would say that is piracy in itself), and the port of Lemmings that will never otherwise be seen on the DS...
Obviously most people don't bother to buy stuff they play for free, but don't tar us all with the same brush.
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Its true though, DS games are way over priced and typical Nintendo can't be reasonble with their prices. If DS games were priced lower, they'd sell more of them. I don't think I've ever purchased a DS game full price, let alone GBA/GBA games.
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You're already in minus karma hell, but I'll bite...
So what if Nintendo doesn't reduce the price of 5 year old games? That's their lookout and their problem if they don't sell at that price. Although the way Wii owners buy games, I suspect they are still selling well, even at full price...
It's damn well not an excuse to copy them just because they are priced highly - they're obviously worth something to you or you wouldn't bother to download them. It's not your 'right' to play those games, you don't NEED to play them. It's not like Nintendo makes something you need to live. If you can't afford them, work until you can or just go and do something else with your free time.
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I didn't mention anything about indie developers making money from their DS exploits did I? I always assumed making homebrew games was a hobbie first...
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28/07/10 @ 14:06
With the price of cocaine now at an all-time low, I guess this now provides an excellent new product line for local criminal enterprise.
Really? How much on the G?
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1. How do I make 'back ups' of my games now ?
2. oh noeees I can't run home brew !!!
3. You mean I can't have all my games on one cart ?!
Of the three, the first is a pirate's lie, the second is hardly a deal breaker when buying a DS, and the third is a legitimate 'nice to have' feature and something that the 3DS will allow.
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But ask yourself, why won't the mighty Nintendo just use SD cards, and save on packaging etc costs? Nintendo won't do so, because they are greeedy and want to stiff developers with their cart hooks forever, taking all the money for themselves. Clever perhaps, and its clear they aren't thinking of the customer.
I do have such a device (lets call it a Not R4), but mine is used for space saving, demos (if Nintendo moved on this properly, buying DS games wouldn't be such a shot in the dark), mostly of obscure japanese game we are never going to see released officially. I would have never discovered the joys of Nodame Cantabile, Hokuto No Ken or Hajime no Ippo on DS, all of which I now own import copies of and are awesome.
I'll welcome 3DS with its flash drive, (which will save such space, however small it is) but I know that Nintendo will shackle it with some crap to annoy us. So long as its still region free, I'll be happy. Only a matter of time till that gets hacked to though.
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If that cart is unaffected by the ruling, then I imagine their sales will go through the roof.
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for some countries, using Flashcarts in DS is the only way to play DS games on DS. Just like in my country .....
there;s no place to buy original DS game.
go to gamestore, shopping mall. All you can see is pirated games. But still Lucky pc game still available original here, i got BFBC2 PC from EA in my country.
even when buy original PS3 games, that same store will sell other pirated games like xbox 360, wii, ps2, nds, and so on.
the gamer here many of them even Can't download game. Internet is an awesome expensive unsusual thing here. They just buy Flashcart. Go to the gamestore everytime they want new game. Pay the gamestore to install the game.
and most of us cant import because most dont have credit card etc etc, and our country have crazy high import tax
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I'm surprised Nintendo don't have there own flash cart were you load rental games onto that expire within a set time, or an option to pay a one off fee for unlimited play.
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Do you work for ELSPA? You have the exact same talking points they do.
That or you are a supremely good troll.
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Yes, and I also purchased plenty of legit DS games, import and official. If I was purchasing nothing at all, then you'd have a very valid point. I also enjoy the homebrew efforts of Colors DS. For anyone to blatantly assume that its all about piracy is nuts, but that's the song that ring loudest for those we like to listen.
Its like Mr Gabe Newell said, many who dl games are just badly served customers. and this fact rings ever true with DS. DS demos are absolute bs. Nintendo failed on the DS demo front, and frankly, continue to do so in this area even on their home consoles. I'm a Live user, and will not purchase a game, unless I know what its like. Sure reviews exist, but not for every game. Had Nintendo not failed on the DS demo front, DS piracy would be surely minimal at best.
EG: While not a DS game, try finding a review for russian 360 game Morph X online. Bloody hard. How about it, EG?
But I digress, what of these systems once they are dead? No one ever seems to mention this point. For the DS, that's not far off. DS will probably be dead in 2-3 years.
Overall, I think future home consoles should have some means of creation for the user. XNA and PSN are a good start, but having a piece of writable hardware, possibly seperate from the main system, could eliminate a lot of piracy, while encouraging people to create their own content again, like back in the day.
Never needed to dl any 360 games. I wonder why that is? Because I can sample demos of course.
Perhaps EG should do an article on why DS demos failed for Nintendo.
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I love amnesties.
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Why do people go on about the pricing for DS games? It's not like one needs to buy them at full price and most gamers are perfectly happy paying for more expensive games on home consoles in the past and now. Yes, some DS games are very lightweight but there are a large number of excellent titles that have hours of play and are worth the price.
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Hey look at this.
Xbox Live: Great security, demos for all games
NDS: Bad Security, no demos as standard.
I have both, but which would you choose? Though I have both, the former occupies much more of my time.
I've purchased more import games for DS this gen, than any previous handheld one. I also like to collect my physical games for my collection. With physical space needed, one has to be choosy concerning purchases, in short no space for crap. Demos help sort the wheat from the chaff. Physical will always trump digital for me overall.
The most ironic thing with portable demos, is that this is one area that PSP actually does a better job than DS. Anyone remember that God of War Chains of Olympus demo UMD? I'm sure it improved its sales and was a brave move (and look on yonder horizon, an PSP GoW sequel, I wonder why?). Only problem again is that demos aren't advertised, so more can try them, big mistake. A site like PSP Demo Center is awesome (check it out if you must), but few know of it, unfortunately. I also have a PSP, and this helps a lot of my purchases.
So again, its all very well getting on the high horse about it, but portable demos are a broken and neglected area, beyond iphone. Nintendo and (and to a lesser extent, promotion wise) Sony need to sort it out. No point in moaning about DS piracy, if no decent, legit sampling alternative, is offered to counter it.
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Nintendo targeted families and young children, but doesn't have that gold standard they used to have back in the NES and SNES days. As a result, my kids have to make do with what they have, as the trade value on these games is tiny due to their nature. Many people turned to the R4 because their kids want 30+ games, and at £30 a pop with no guarantee of quality, this is their only option to keep them happy. Heck, most of these games would be 59p on an iPhone.
As for "who the real pirates are", from experience? Police. I know plenty of cops whose kids have R4s, and they just don't think about it as anything illegal...
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When you download games off the internet, you're helping other pirates. If you share the bittorrent, other pirates will benefit. If you just go to a pirate website regularly, you're increasing their ad revenue and pirates benefit. If it walks like a duck, dude.
Please, ignore these issues, and continue to justify it to yourself by saying that nintendo made you pirate their games because they didn't give you a fucking demo.
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And DS games ARE insanely overpriced given the short development cycle that most have compared to full-blown HD titles. Not that that's an excuse for piracy, mind, just a point that platform developers need to be more mindful of - Sony too.
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Sorry for not getting in line to praise the holy games industry who cannot be besmirched in anyway possible or else you are a heretic pirate and pointing out the biggest industry white knight in the thread is using the exact same arguments the biggest lobby group in Europe for the industry uses.
No, really. Its hilarious how many people take arms to white knight an industry which has done nothing but take massive dumps on them. Someone comes up with storage solution to hold multiple games on one cart and suddenly its the tool of the devil because some people use it to pirate and everyone who uses it illegally or legally is a filthy nasty pirate. You may as well say that "all Germans are Nazis" with that logic.
Its hilarious how gamers always want their rights stamped on. Between Fairplay, DRM and this, its becoming evident that the cancer killing gaming is the gamers themselves.
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What about the rights of developers to make a return on the product they've made? Their right to see the law enforced?
Look, I get all the arguments for piracy, but at the end of the day each and every one is flawed and rooted in selfishness. Yes, the industry has issues too that it should address but piracy's not the answer. It puts you in a position where you can be prosecuted and makes the industry even more bullish in its stance. If you can't afford or don't know if you want a game then don't buy it and don't pirate it. "I have a god given right to try games by any means necessary" isn't a third option.
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From a professional games programmer who's living depends on selling these things:
Sir, you are a dick of the highest order.
That is all.
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Tell me in my post where I advocated piracy
Rest of you. I expect ten more "You don't support this judgement therefore you are a pirate" strawman arguments against my post by 8pm tonight. Get cracking.
I don't own a R4 by the way
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Yes im sure that "some" people use these carts for "backups" and "homebrew" - and not at all for piracy. If by "some people" you mean one person.. somewhere.. maybe...
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And all true Scotsmen like haggis, right?
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Do you have ANY idea of how much it costs to manufacture a cart (which contains main chips, plastic, etc) as opposed to a cheap dvd (which can just be sent to a duplication outfit)?
Thought not.
But if the price makes you feel better about piracy.. well i was going to liken this to stealing a car i cant afford.. but then that'll start some pirating twat telling me that piracy isnt theft as there's no loss of a physical copy and other such bullshit they've read on stuart campbells webshite.
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Also if "R4's" are illegal. what about "Edge cards and other variants??
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According to some on here, my fun on the DS should be curtailed because others use the device for piracy. Well, fine, I'm not bothered because they always will, and I'll always have my Nitrotracker one way or the other.
How far is this argument going to get stretched anyway? Torrent users for demoing purposes (fair enough to my mind) might be propping up piracy by sharing the torrent but then I'd love to see how many ISPs survive in the UK were we to bring the banhammer on anyone who has ever used the internet for piracy of any form. I'll bet you'd love sitting there all evening watching your 5xx error messages while all the pirates and homebrewers sit down the pub swapping cartridges, disks and so on.
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Gee. I wonder how much that 512MB SD Flash card that I buy in Tesco, Maplin or Jessops for £5 costs to manufacture?
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" "I have a god given right to try games by any means necessary" isn't a third option. "
Right? perhaps not. Buy there is a god-given ability and people will always use it. I don't much care for a world where devs have the right to be paid for whatever third-rate shite they churn out but buyers don't have a right to try before they buy, get their money back in full for utter crap or do what they want on their machine that they paid for.
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Erm - didnt you just say you used it to play scumm games? Let me guess, you only play the public domain ones?
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*sigh* a mass produced memory card is not the same as a game cart with the game hard flashed on the cart, with battery backup, and cant be mass produced in billions of units... Is this so hard to understand the logistics of this? Sheesh!
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On the contrary, I answered all you had to say, with the pizza analogy. Did you miss it? Its pretty clear you aren't listening to what I have to say or my experiences with portables, but no matter. Yours, like mine. is but one view in the sea of them. All that you mention, do you know to be fact? And if you can't answer what' Ive said here, then that's fine, but the whole issue will never be black and white, just shades of grey.
If you need it explained, what I mean by it is that you are shooting in the dark with a lot of assumptions, just with your first post. I think you need to go back and understand why much piracy exists, and has existed for some time.
@Ninkynonk: I hear what you are saying. If Iphone games can be cheaper and offer Lite demo versions, what's Nintendo's excuse for no standard DS demos? I know Iphones still has games pirated (no need for this, as they are cheap enough next to other handheld games), but at least it has a means of sampling a game.
Hardly use my DS these days, rather play on my 360. When I buy DS games, its in sales for a few quid, or on ebay and playasia.
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DS Carts use EEPROM, not BBRAM and are similar in manufacture to solid state memory cards
Nintendo don't seem to have a problem mass producing them either looking at the store shelves of my local GAME as well.
So not that hard really. Maybe if you didn't get so worked up over it, might be easier to explain.
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*sigh*. A game will be produced as a set of runs. I'll try to explain this in terms you'd understand.. Say you wanted a t-shirt printed to say "i love my mummy" - one t-shirt will cost you a lot of money to get printed. Now lets say you thought you could sell 100 of that t-shirt, you could do a bulk order and get it cheaper. If you ordered 1000, you could get each shirt really cheap, but then if you didnt sell them you'd be out of pocket.
DVD's are cheap to mass produce, costing pennies per dvd. Game carts are not. Same goes for the UMD on psp.
Not that it matters anyhow, because regardless of how cheap or expensive they are, it's not an excuse to pirate them. If you cant afford to play something, tough.. dont play it.
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As I said. Nintendo don't have a problem putting them out in bulk like SD Cards which operate on the same principle like with all goods. Basic law of manufacturing goods really.
P.S. Nintendo manufacture the cards in different sizes as blanks and flash them with the game rom given to them by the publisher before packaging. They use a universal standard compared to the more customized SNES, GBA and N64 carts so they only have to use different sizes instead of manufacturing carts specifically. Therefore, bulk and cheap like SD cards.
Not that it matters anyhow, because regardless of how cheap or expensive they are, it's not an excuse to pirate them. If you cant afford to play something, tough.. dont play it.
And heres that "You don't support this judgement or my white knighting therefore you are a dirty pirate" strawman again. Was that even related to the argument you were trying to make there or are you just flinging what you can to the wall?
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Take chinatown wars.. On its opening week it sold fairly badly. But i remember looking and finding MORE seeds to download the game (that's seeds not downloads) than were actually sold that week. Is it any wonder therefor why developers would choose not to create a game for that "market" and prefer to make cheaper, less pirated games like "my baby sim #4325".
Pirates seem to forget that they're shooting themselves in their foot - whereas they moan that "there's no good games" on the platform - they seem to not get the idea that they themselves are probably the reason behind that.
Ever wonder why there's so few good quality single player pc games out there? Me neither, it's a no brainer.
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I'm not going to pretend my Edge card has never had a pirated game on it, but my main use for it is running ZXDS - a handheld Spectrum is far more entertaining to me personally than most DS games are, but I acknowledge I'm in the minority here.
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Personally the way the situation is on the DS, if i was still making games -there is no way in hell i'd waste money developing for either the DS or the PC.. The sales to piracy ratio is waaay out of whack on everything but stuff which appeals to the casual market who dont know how to pirate.
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Hit the nail on the head... What I was saying, ZXDS is excellent, one of the best emulators ever, playing Head over Heels, Jet Set Willy etc. on the DS is better than the majority of the games available on the system!
And I actually donated some cash to the developer, so I guess I can't be falted there, either! (although someone will come along and moan that I am a theiving cunt for ripping off some 25 year old game, but I do honestly own all the good ones on cassette anyway!)
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So you should care.. fewer carts being available means less pirating, means more and better games. If nintendo can squash this problem for good before the 3ds comes out... should mean lots of good quality games on that system.
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I get your point about cartridges but comparisons to the printing industry are poor. In printing, a new run involves creating brand new screens or plates for each print at a fair cost of money and time. Short runs involve halting the press and swapping screens and plates is time consuming, hence the high cost of small runs.
I'd wager that DS carts are identical, therefore their manufacture is continuous. Sure, different data needs to be uploaded to different carts, but the carts are probably all the same. Uploading data is a very quick process, perhaps even quicker than pressing CDs so I'd guess costs are comparible.
Anyone got hard facts on this?
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I'm not sure this is an excuse for piracy (I'm inclined to say not), but it's a simple fact that Nintendo's absurd pricing for handheld games has contributed more to piracy than anything else. The same was true in the GBA days. Handheld games are almost never worth the same amount of money as Xbox 360 games. People are saying "but they cost money to develop", which is obviously true: but look at the difference in development costs between the DS and 360/PS3, and compare that to the much smaller difference in price.
Again, I'm not saying this justifies piracy, this isn't like the movie or music businesses where the difference can be made up to some extent with cinemas and concerts. But it's obvious to anybody with more than half a brain that handheld games are way, way overpriced on everything but the iPhone and similarly powered smartphones. Overcharging is only ever going to make piracy more likely.
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@Caimbeul
The 45% drop in European DS game sales in the last year sounds like a bit of suffering to me.
"Also if "R4's" are illegal. what about "Edge cards and other variants?? "
From what I've read the R4 and all other similar devices are now illegal in the UK. The R4 is just the poster boy as it's the best known.
If it does what the R4 does..then it's illegal.
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Granted, and this is why Nintendo keep holding off a UMD like media for their handhelds, and onto carts with parts. Nintendo do not want to offer a cheaper means of handheld game development, a real shame after iphone's success.
Nintendo could easily go DL games only for 3DS, who knows. Anyway, this is getting boring.
As for DS aps, I liked Colors DS a lot, still use it but will have to get the iPhone version next. Nitrotracker I haven't been able to run, but I love the idea of it. I used to have crazy fun with Fast Tracker back in the day on PC, so I may give it another go at some point. Haven't tried any of the Spectrum emulators, but I've been trying to run NeoDS, so I can get some Neo Geo action on the go.
@lucky jim
Totally agree. This is why iPhone is such a success. Games are reasonably priced and there are plenty of them, with demos to entice. Thus, iPhone piracy is very low. So nice to see some one challenge DS and succeed.
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Dont 3ds games go to a couple of gig big? Seem to remember reading that somewhere...
Download only wont work.. sony found that out with the psp-go. Game shops wont stock a console where they cant make money from the games.. without your game console in stores - wont sell... It's not like the iphone/ipod where it does something other than games...
Also there's a hell of a lot of shit on the ap store...
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Actually it really isnt.. But horses for courses.
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...
it's just that I am not willing to pay for them. I rather sit it out, not catch the initial release wave and buy some kind of platinum, best of, goty or whatever a year or more after. Thing is that very very few games surprise me the last 15 years. They all seem to be rehashes of things I have played before, with notable exceptions. I modded the Wii, played some "backups" and found most of them to be... largely more of the same. Now, I would still buy Mario and Zelda when they'd get discounted, because they are good, if not great games, but to me they are just not worth €60. Apparently, to others they are and continue to be, so I do understand Nintendo as well...
varsas: where I live, no bargains on these games. again: if there would be, I would bite in an instant.
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[link url=http://wosblog.podgamer.com/2010/01 /15/the-most-spurious-piracy-figures-ever/
]http://wo sblog.podgamer.com/2010/01/15/t...[/link]
This article makes people fling poo like chimps on caffeine and is always fun to link.
Enjoy kids.
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I recorded songs from the radio as a kid, recorded films from TV, copied disks on my Amiga, bought burned CD's for the Playstation and now download it from the internet.
Nothing has changed excpet its way easier now and game and film publishers make WAY more money now and cry WAY more about pirating..
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I also am surprised about how much hostility is shown towards "pirates". And I wonder about some of your ages. When I grew up, an awful lot was pirated: we copied LP's, cassettes, video game cassettes (damn hard to do!), 5 1/4 floppies, 3 1/2 floppies, VHS tapes etc. It all seemed to be normal back then...
At this moment, thanks to the corporations' propaganda against it and as this thread shows, it does not seem to be anymore. We prefer to make these corporations insanely rich, since it is the "nice thing to do". Ninty makes billions (again, in this day and age, I do understand them); yet my plea to make older games cheaper drops into karma hell? How quaint.
I have kids and have made one of them cry, because he arrived outside the super market with a pack of sweets which was not asked to, thus not paid by me. I called in security and told the little kid to apologize and hand over the sweets. He was crying like hell.
But I am much inconsisent: the other day I bought to barrels of oil and only one was scanned, which I didn't mention. The same kid wondered about it and I explained this to him: almost every time I go to the supermarket and I take the time to do so, I find mistakes on the bill. Some of these are over a 10% difference in price I should pay. These differences consistently are in the supermarket's favor, so I continuously wonder how much I lose every year. The weird thing is that as time goes its way, the more I get strange and angry looks from fellow-customers (!) because of me complaining about getting back the 5 euros or so, I overpaid. I 'hold up the line' or something - don't know, don't give a damn, so I told him, that whenever I get away with e.g. a barrel of oil, I would - just to balance out the extra invisible profit supermarkets make on me. As a genuine question to the group: if I would not do that, would that make the supermarkets thieves as well in your opinions?
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Anyway, I'll stop now before I convince myself to take up piracy. I don't agree with it, I just think that very, very few things are nice and clear cut, and this issue certainly isn't one of them: despite what publishers tell us.
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<a href="http://www.ntk.net/199 8/01/23/
">http://www.ntk.net/199 8/01/23/
</a>
Threatened to sue EMAP for two person-years of writer's salaries for copyright violation...
Nothing like a good dose of hypocripsy from someone who claims piracy doesnt harm anyone is there?
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Personally I think DS games are massively overpriced when you factor in the development costs, the retail prices are not much below big budget PS3/360 titles, that simply isn't right.
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EMAP was creating profit from copyrighted work that they had not paid Mr. Cambell and Mr. Nash for or even informed them that they wished to use it on a cover disc. Mr. Cambell and Mr. Nash had every right to claim copyright and initiate legal proceedings from unauthorized use.
The R4 is not profiting off copyrighted work as it is a blank slate. It is up to the user if they want to load copyrighted work on the device. But you fail to see that and are instead posting terrible strawman arguments.
P.S. I know you never read that article.
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1- Piracy will always be here, on every platform, to varying degrees. All platform holders and publishers can hope to do is make it as inconvenient as possible. However, too many of them forget that the corollary of this is that they should make legitimate purchasing as convenient as possible, which includes pricing and distribution. The music industry seems to be learning this lesson, slowly and painfully. Learning from the mistakes of others would show a level of maturity that, alas, I don't think the games industry's bigwigs have.
2- The problem with these carts is that they make piracy too damn easy, to the degree that it threatens the future of the platform. I see as many cracked 360 games for download as I do DS ones, but I (and most others) wouldn't know how to go about using them. Conversely, almost everyone I know with a DS has an R4-style cart, including old people and casual gamers who'd normally never go near that kinda thing. I can't remember the last time I saw a DS on the tube with a proper cartridge in it, and I always have a sneaky look. That's a situation which clearly can't continue, so I'm not too upset about this ban.
3- That said, this ban is logically indefensible imo. If you follow it through to its logical conclusion, anything that can be used for copyright infringement should be banned, which would pretty much take us back to the stone age. Also, Nintendo take the piss with their pricing, so I'm not too sympathetic to them and their bags of cash.
4- People who don't work in the industry but get furious about piracy are a bit weird, but I feel like that about anybody who furiously defends a corporate interest without being paid to do so. More importantly, unless the people in question have never, ever taped a song off the radio, copied a CD, recorded a film off the telly etc., they're being hypocritical. We all need a bit of hypocrisy now and then to get us through life, but at least be honest with yourselves about it. For my part, I'm generally anti-piracy, and have only ever had pirated software on my Amiga (when I was a teenager, i.e. young and stupid) and on my DS (rarely, but I've still done it even though I know it's out of order). Yep, that makes me a hypocrite on this matter. That's why I wouldn't call anybody who does it a "thieving cunt" or whatever. Let he who is without sin, and all that.
I think I've done enough fence-sitting for one day (it's because I'm genuinely in two minds about this issue and have given it thought), so I'll leave it there.
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Strawman and an Ad Hominem in the same post? You are too generous. I love you crazy kids.
I've had my own work in TV and press copied numerous times. In fact, I had an article I put up on indymedia wholesale lifted by a major national. So I know, what the process and impact of having your own stuff Shanghai'd is like. But I can still see the bullshit in the judges decision and the incessant bullshit in trying to white knight the industry over it when they have told porkies and exaggerated the impact of piracy numerous times before. The fact that people are defending said incessant bullshit is frankly ridiculous.
Cambell ain't my guru either so you are well out of luck on that attack as well (Unless he can tell me where you can get decent root beer in London without breaking the bank)
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*whispers*
Keep your head down. The first few dudes to get caught will be sued for millions as an example.
Now back to my healthy, fully paid for ds game collection..... Oh, sod this facade. Ds games are crud in every way - except the rare fun ones.
Pirating made the ds good because you can have 30 odd games in one cartridge, and you didn't have to fork out full price for loosing a few hours on a naff, poorly rendered game.
Answer: embrace.
ITune ds games. Membership fee. Utilise similar tech. Everyones happy.... Except nintendo, because they'd have to use new technology (I'm sorry but the wii is a userfriendly gamecube)
The new law has just risen the desirability.
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Someone who pirates is not trying to making something right, ffs, it's just a way of saving money to spend in some shit which cannot be pirated, simple as. Edukators? yeah, talk about high horses.
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Yeah, because the DS has been SUCH a failure. Poor old Nintendo hardly have any money left because of it.
Fucking idiot.
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Indeed. Now demonstrate to us using facts and evidence that that drop was due to piracy rather than, for example, the DS not having seen a decent game for anyone aged over 9 in a year and a half.
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I don't live in London, so I wouldn't know. Can't you just buy Listerine, which tastes much the same?
I happen to know, however, that J Walker - another freakish root beer lover - recommends the stuff supplied by this place, which comes to just over £1 a can for a case of 24 shipped:
[link url=http://www.americansoda.co.uk/uk/American -Soda/Home/Drinks/default.aspx
]http://ww w.americansoda.co.uk/uk/America...[/link]
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I don't own a flash cart, but let's stay a bit rational here. This is all about money, not about sin or morality.
This whole "digital theft" thing is based on completely artifical (copyright) law, making money of non pysical content is not a god given right.
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I own a NDS, and one of the other Flashcart piracy devices. I only bought a DS because I knew these devices existed, and have never purchased a DS cart. I am obviously not alone in this, so it is worth bearing in mind that these devices have increased NDS hardware sales a great deal. This is not any sort of mitigation or justification - it is merely an interesting talking point.
I have not and would not chip any of the three main consoles, because if I did, I suspect I would not be able to resist the urge to download and play for free. This is the "stick" approach to DRM, and it works.
I would not jailbreak my iPhone, because Apple have offered a mutually acceptable solution - fair pricing and easy delivery. This is the "carrot" approach. I feel it works very well.
I do feel that the "homebrew" argument (and the quotes are intentional) is pretty ridiculous. The "freedom" argument is also ridiculous, and cheapens people's need for actual freedom from something - oppression, for example.
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[link url=http://flattopscotch.wordpress.com/ 2010/06/30/piracy-is-a-ok-says-government/
]http://fl attopscotch.wordpress.com/2010/...[/link]
A bit of a facetious article but what a shit thing to do to an indie dev
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Better or worse than shitting all over the work of a highly talented iPhone coder who did a great job on an app because you have a poisonous obsession with the designer he worked with?