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Importer responds to Nintendo court case

malebolgia   on 24 June 2003 - 06:32 · 8 comments & 743 views

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Lik Sang releases an official response to the recent court ruling that awarded damages to Nintendo.

Online importer Lik Sang has officially responded to a recent court ruling that awarded Nintendo $641,000 in damages for the sale of a device that allows users to extract Game Boy game data and then copy it to a blank cartridge. Nintendo says that it has lost more than $650 million in sales over the past year due to piracy, which it claims is promoted by devices such as the one sold by Lik Sang.

"The summary judgment itself was based on Section 273 of the Hong Kong Copyright Ordinance about 'circumventing a copy protection,'" said Lik Sang representative Alex Kampl in response to the ruling. "No copy protection exists in the Game Boy or Game Boy Advance game cartridges. The judge didn't hear a specialist or at least an independent third-party expert opinion--he took it for granted from the explanations by Nintendo that there is copy protection. Furthermore, the judge found that 'by analogy with drugs, it [Section 273] is not aimed at the drug addict but at the drug trafficker.' I fail to understand his logic, as this would mean that the drug store selling the injection needles to drug addicts or maybe even the manufacturer of the container where the drug addict keeps the drug could be held liable."

News source: GameSpot


"The system was built to expand but not necessarily to be secure," said Herbert Schorr, executive director of the Information Sciences Institute. The fundamental information to make the whole thing work, for example, still lives on just 12 so-called root servers. "It can be brought down. You have to be technically proficient, but there are enough people who can do it," Schorr said.

Schorr said the most likely miscreant won't be a spike-haired hacker. More likely, it will be "blocks of office buildings in a foreign capital somewhere," he said.


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#1 Zelpus on 24 Jun 2003 - 09:18
Sounds to me like Lik Sang wants to fight this one out.
(4 replies) #2 cappuchok on 24 Jun 2003 - 09:41
I sure hope so. Those devices are the only means a console owner has of exercising his/her lawful right to make backups of all digital media he/she buys. Not to mention the fact that without extraction devices that can put these games on file, most cartridge/arcade games will be lost to time in some ten years. As a game history preservation enthusiast, I shudder to think of the consequences should the big N actually win this case. Go L-S!
#2.1 Spyder on 24 Jun 2003 - 12:39
QUOTE
Those devices are the only means a console owner has of exercising his/her lawful right to make backups of all digital media he/she buys.

oh can it already anyone who buys something like this is buying it so that they can download and play GBA games without paying for them. its far too nieve to think otherwise

QUOTE
I shudder to think of the consequences should the big N actually win this case.

yea god forbid one might actually have to pay for the games they want to play. and PS, they did win.

Last edited by 890 on 24 Jun 2003 - 12:54
#2.2 quintesse on 24 Jun 2003 - 13:43
Sorry, I actually bought one so I could write my own software for the thing without having to shell out for Nintendo's official development kit. The kit is priced for professionals who want to do serious work, not for somebody who just wants to take a look.

I admit I also used it to copy the few games that I have to one cartridge so I didn't have to swap cartridges anymore.

Hell, I'll even admit that I made some temporary illegal copies to check out some games (no downloading of demos with these things).

But the main thing is that this thing is just a device like so many others in the world to store data on a carrier, be it tape, disc or cartridge. Like they said: they're not circumventing any protections so how can it be illegal what they're doing?
#2.3 nookadum on 24 Jun 2003 - 15:46
Downloading [commercial] games for free is bad. Period.
#2.4 pHuzi0n on 24 Jun 2003 - 16:57
They weren't providing any downloads though. The devices are much like VCR's in principle. You can use it to make an illegal copy but the intended use is to back up games you own, put them all on one cartridge so you don't lose all the extra cartidges, and to write your own games. As Lik Sang has stated, this ruling is total F'ing BS. This hurts me especially because I used to make a couple hundred in commissions off of advertising these things for lik sang.
(1 reply) #3 Kaneda on 24 Jun 2003 - 20:39
in principle, yeah. but the fact is that most people buy VCRs to watch movies and most people (at least in north america) are buying the GBA Flash devices to play copies of games they don't own.
#3.1 pHuzi0n on 25 Jun 2003 - 02:11
That still doesn't make the device itself illegal...

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