BREAKING: Judge rules Nintendo ILLEGALLY protects systems’, should be like WINDOWS!!!


“We have just heard that Nintendo has today lost a major court case against the Divineo group in the main court of Paris. Nintendo originally took the group to court over DS flash carts, however the judge today has ruled against Nintendo and suggested that they are purposely locking out developers from their consoles and things should be more like Windows where ANYONE can develop any application if they wish to.

The ramifications of this are huge, as it indicates that flash carts are actually legal. Moroever, it could have bigger implications for developers and the like because Nintendo is deemed to be ‘illegally’ protecting their system by locking users out. Therefore, developers should not actually require separate development kits and should just be able to develop applications as they wish on retail versions of Nintendo’s consoles.

And on a final note, this truly was a HUGE court case, up in the main court of Paris France and seems likely to be relevant to the whole of Europe.

Essentially, if people have to ‘hack’ the system and use Flash Carts to do develop, then it’s all fine because Nintendo has left them with little other choice and the system should not be protected in such a restrictive way.”

Credit goes to maxconsole.net

see the original here

I found this very interesting, dose this mean that homebrew will be legal? Will Nintendo welcome custom content like mods much like for TF2 or Gary’s mod? I wanted others input on this.


37 Responses to “BREAKING: Judge rules Nintendo ILLEGALLY protects systems’, should be like WINDOWS!!!”


  1. 1 Lexx 12/09/2009 at 10:07 PM

    So.. Does this apply to Wii hackers? Because this was over DS hacking..

  2. 2 fireking220 12/09/2009 at 10:10 PM

    it says Illegaly protects “systems” so I assume it applys to the wii too. Even if it applies to the DS only wonder if it will carry over to the Wii. Ninty is doing the exact same thing on the Wii

  3. 3 Chaos the smashtitan 12/09/2009 at 10:11 PM

    I just totally laughed while reading that whole thing

  4. 4 fireking220 12/09/2009 at 10:12 PM

    lol I showed this to my friend and all he could say was

    “PWNED!!!”

  5. 5 xithma 12/09/2009 at 10:28 PM

    interesting… i wonder if Nintendo will release a wii update that UNblocks the homebrew channel eh?

  6. 6 darkredscorpio 12/09/2009 at 10:31 PM

    Oh(can’t speak, got to go).

  7. 7 Pinutk 12/09/2009 at 10:33 PM

    TF2 and Gmod on Wii HELL YEA THAT WOULD RULE!!! But anyway this is good news I suppose now DSi users like myself won’t have to worry about nintendo making updates to block them 😀

  8. 8 shadowsquid86 12/09/2009 at 10:37 PM

    Hopefully they won’t take “should be like Windows” too literally.

  9. 9 thanyou 12/09/2009 at 10:52 PM

    I’ve always thought Nintendo was fighting a losing battle with this.

  10. 10 fireking220 12/09/2009 at 10:55 PM

    No matter what hackers will win in the end, and this is all because of one thing, hackers have all the time in the world but Nintendo does not.

  11. 11 Pinutk 12/09/2009 at 11:00 PM

    @Fireking

    It’s also because like you said we have more time then them but we keep finding ways to work around there stupid updates anyway we never give up so eventually nintendo will prolly just leave us alone, I hope

  12. 12 DarkShard25 12/09/2009 at 11:02 PM

    hold on… does this mean nintendo now have to stop making blocks and privacy checks on dsi and wii?

  13. 13 fireking220 12/09/2009 at 11:04 PM

    @darkshard

    well they kinda have too lol. Its the courts decision and they have to abide by it. They just got screwed big time.

  14. 14 Lexx 12/09/2009 at 11:13 PM

    Hmm. I wonder if they’ll start to fix our systems if they’re modded…

  15. 15 S. 12/09/2009 at 11:54 PM

    All I can say that if this is true,
    Fuck Yes.
    Shoved a shoe right up Nintendo’s high-and-mighty ass. I REALLY hope this turns out for hackers.

  16. 16 SkidzMcGee 12/10/2009 at 1:50 AM

    I wonder how this will affect Sony and Microsoft, if it does.

  17. 17 Zeruel21 12/10/2009 at 2:17 AM

    This probably has no standing in other nations…
    However, that is a strange view on homebrew, given that the various components of development for a system are patented or trademarked.

  18. 18 fireking220 12/10/2009 at 2:24 AM

    that would be kind of an ass move to have it legal in one part of the world and not everywhere else but the whole world is like that i suppose.

  19. 19 Jacob 12/10/2009 at 6:36 AM

    just heard today? lol well if your a pirate or at least go on a website filled with pirates then you wouldve known this like weeks ago lol

  20. 20 fireking220 12/10/2009 at 6:39 AM

    no i found out when it was announced but i neglected to post it till now.

  21. 21 MeleeMaster500 12/10/2009 at 7:01 AM

    this is kinda old news, nintendo has already appealed with the prosecution and will try to overturn this ruling

  22. 22 Unai 12/10/2009 at 7:35 AM

    Nintendo sucks! They blocked Datel’s tools on the Wii a long time ago.

  23. 23 darkredscorpio 12/10/2009 at 7:53 AM

    Sorry for not answering last night everyone. Man Nintendo got owned big time for sure.
    @unai
    Nintendo doesn’t suck, but since I heard about this, I’m having thoughts about it.

  24. 24 Mario & Sonic Guy 12/10/2009 at 8:11 AM

    This is swift justice for what System Menu 4.2 did to certain Wiis; that update lead to bricks. You work hard to stop the hackers, and yet the world turns against you afterwords. How’s that for irony?

  25. 25 Miacis 12/10/2009 at 12:05 PM

    Nintendo is going to appeal. The LEN legislation is on their side.

    To people who are rejoicing, if everything stays like this, France is going to turn into a monumental chaos. This judge is basically forbidding any information systemclosed by its owner. Since it say that every developper should be FREE to develop without any control from the constructor.

    This might lead to some “interesting new issus” :
    – Mobile Phones have to take off all of their security protections, whether they are the the numerous locks of the iPhone, or the more lenient anti-hack protections of the BlackBerry, that are only made to block viruses and malware.
    – Informatic facilities that are totally not designed to run softwares will have to open to all devs following the same rule. Like a router. Thus dangerously threatening the whole Internet network’s security.
    – Mac OS should now be available for PCs (it’s the mandatory reverse)
    – By extrapolating a little more, you could sue you Hi-fi’s constructor for not letting people write programs on his home-made firmware that is simply managing the few LCD digits of the display.

    So basically, it’s as stupid as it is irrealisable. Closed systems are a necessary strain. EVEN MORE when they are based on an open system. It is also a part of the liberties that the GNU public license lets you have as a constructor.

    It is normal for an owned platform to get certain locks. First, because it lets the constructor assure its working order. Secondly, because of the previously named public security issues.

    You might be rejoiced by this decision at first if you do not really think about it. By it’s actually a very serious matter.

  26. 26 Miacis 12/10/2009 at 1:03 PM

    Nintendo is going to appeal. They have the LEN legislation on their side.

    To people who are rejoicing, if everything stays like this, France is going to turn into a monumental chaos. This judge is basically forbidding any information system closed by its owner. Since it says that every developper should be FREE to develop without any control from the constructor.

    This might lead to some “interesting new issues” :
    – Mobile Phones have to take off all of their security protections, whether they are the numerous locks of the iPhone, or the more lenient anti-hack protections of the BlackBerry, that are only made to block viruses and malware.
    – Informatic facilities that are totally not designed to run softwares will have to open to all devs following the same rule. Like a router. Thus dangerously threatening the whole Internet network’s security.
    – Mac OS should now be available for PCs (it’s the mandatory reverse)
    – By extrapolating a little more, you could sue you Hi-fi’s constructor for not letting people write programs on his home-made firmware that is simply managing the few LCD digits of the display.

    So basically, it’s as stupid as it is irrealisable. Closed systems are a necessary strain. EVEN MORE when they are based on an open system. It is also a part of the liberties that the GNU public license lets you have as a constructor.

    It is normal for an owned platform to get certain locks. First, because it lets the constructor assure its working order. Secondly, because of the previously named public security issues.

    You might be rejoiced by this decision at first if you do not really think about it. By it’s actually a very serious matter.

  27. 27 Miacis 12/10/2009 at 1:09 PM

    (Wuh ? I cannot seem to post my huge block of text …)

    Well, let’s just say (until I can actually post it) that this decision is a more serious matter than what it looks like.
    Forbidding any information system closed by its owner is a huge mistake. Since what that decision really says is that every developper should be FREE to develop without any control from the constructor.

    It is a major threat to the internet security (you could easily develp malwares on routers) and is just plain irrealisable, especially on firmware that are not made to be developped on (like, say … you Hi-Fi system or industrially One-task-oriented systems).

  28. 28 Vet of logic 12/10/2009 at 4:55 PM

    Free at last free at last free at last, good God almighty free at last.

  29. 29 fireking220 12/10/2009 at 5:03 PM

    @Miacis

    I never thought of it that way. but this concerns nintendo only, not microsoft or windows or anything else.

  30. 30 Lexx 12/10/2009 at 5:38 PM

    For now, at least. It may soon enough concern them. But, I have a feeling it won’t have all the possible effects Miacis thought of. Unless something stupid happens like Apple suing people who jailbreak their iPods, the court won’t really question it.

  31. 31 JeisonKen 12/10/2009 at 7:32 PM

    This is a huge breakthrough.

    Soon, hacking will be first-party. We’ll be able to do it without any infraction. If we brick our Wiis, we get them fixed without complaint.

    I am looking forward to Nintendo’s next blatant move.

  32. 32 Aaron 12/12/2009 at 2:39 AM

    If I ever go to paris I will remember to bring a sniper.

  33. 33 Mackorony 12/13/2009 at 2:28 PM

    Now maybe Nintendo will focus on making good games instead of wasting their time trying to stop hackers.

    ^
    LOL!!!! DISREGARD THAT I SUCK COCKS!! VERY BIG HAIRY COCKS!!!11!!11!

  34. 34 yoshi6852 12/13/2009 at 8:38 PM

    Good for me sort of my hbc/ gecko stoped working at the last update 😦

  35. 35 Dunno 12/14/2009 at 6:56 PM

    This is cool, but feel sorry for nintendo, action replay and now this 😦

  36. 36 darkshadedx 01/12/2010 at 2:05 PM

    This is very intresting I love Nintendo and homebrew.. hmm

  37. 37 epicZERO 02/02/2010 at 3:42 PM

    :O
    homebrew… is now legal!? no banning!?

    no… no words can discribe the joy i feel after reading this…
    except…

    HOLY FUCKING SHIT! THIS IS FUCKING BEAST! YEAH, MOTHER FUCKER! YEAH! SUCK IT NINTENDO! XP IN YOUR FUCKING FACES!!!

    I admit, they have alot thrown at them, and now there is nothing they can do. However this is their own fault. At this rate, Nintendo will have to stop producing games and systems. 😦

    damn… good news pop out for us for bad news for all


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