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Hardware Hacking Nintendo The Courts Build Games

DS Flash Carts Deemed Legal By French Court 267

Posted by timothy
from the not-open-like-all-the-french-consoles dept.
Hatta writes with a snippet from MaxConsole: "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."
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DS Flash Carts Deemed Legal By French Court

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  • Excellent. (Score:4, Interesting)

    by Seriousity (1441391) <[Seriousity] [at] [live.com]> on Thursday December 03, 2009 @10:07PM (#30320342)
    This is a precedent I approve of, and would like to see the trend continue in the consoles market - if we make access to the tools easier for game devs, we'll end up with better games... win-win so far as I can see.
  • Copy Apple & Google (Score:3, Interesting)

    by Midnight Thunder (17205) on Thursday December 03, 2009 @10:08PM (#30320354) Homepage Journal

    Maybe its time that Nintendo opened up the market to game developers such as those currently targeting the iPhone and the Android platforms. Yes they will loose profits, especially when the DS is still working so well, but maybe forcing them to open up will encourage more innovation?

  • by Darkness404 (1287218) on Thursday December 03, 2009 @10:37PM (#30320550)
    Nintendo open? Their WiiWare approval process makes the iPhone development process look easy by comparison, especially when you realize that to be a developer you have to pay a $2,000 fee. Heck, they censored crosses in NES games!
  • by DigDuality (918867) on Thursday December 03, 2009 @10:41PM (#30320586)
    Windows might not be Open Source and MS business practices may be something to be desired, but they are an open platform. And when you look at the platforms that were around when Windows came to light, there really wasn't much that was that successful where just anyone could develop for it. Even today, companies like Apple, Nintendo, Amazon, Sony, (the list is rather lengthy) want to sell you a solid product. They want everything to be an appliance to you, like a dvd player or your tv.. where you don't notice, nor care about the software on it. An article a while back was describing why Windows Mobile and Android will, in the long run, destroy Apple in the phone market, and in the end, it will be because of the availability of applications for them. Apple and Nintendo and Amazon and so forth, want to be the gatekeepers of software and content, and frankly.. looking at the success of MS on the desktop, that approach doesn't seem to be a successful one. Video game systems will be the last bastion of this mentality though, i can promise you that.
  • by Anonymous Coward on Thursday December 03, 2009 @10:48PM (#30320634)

    They're legal, as are modchips in some other countries, but it doesn't stop Nintendo or anyone else from deploying updates that cripple hardware that legally has modchips or whatever. This law isn't really a solution unless it compels Nintendo or any other console manufacturers from treating customers with modchips or whatever differently.

  • Sad (Score:4, Interesting)

    by mi (197448) <slashdot-2014@virtual-estates.net> on Thursday December 03, 2009 @11:12PM (#30320770) Homepage

    win-win so far as I can see.

    If this is done against the wishes of the console-maker, than you can claim, that they are "winning" too. However unreasonable their wishes may be, they ought to be respected, period. They created the product, they licensed their use to others (of whom nobody was unduly coerced into agreeing) on certain conditions.

    You — or this judge — then coming around and saying, you know, we think, those conditions should be changed, and we are going to force you to change them, is just not how things ought to be done in a free society.

  • Interesting (Score:1, Interesting)

    by Anonymous Coward on Thursday December 03, 2009 @11:32PM (#30320852)
    And not too long ago in Spain, a case against a flashcart seller was dismissed since it was rationalized the hardware had legitimate uses. link [joystiq.com]
  • by Sycraft-fu (314770) on Friday December 04, 2009 @12:13AM (#30321062)

    Yep. MS doesn't really lock down Windows at least from most people's way of thinking. The only ways it is "locked down" are:

    1) The source isn't available to anyone who wants it. Contrary to Slashdot beliefs, it isn't a huge secret. There are organizations like governments, universities, and such that have copies of it. However any person who wants it can't get access to it.

    2) They want you to pay for every copy. You are not legally allowed to distribute it to anyone you wish, each copy of it needs to be paid for.

    That is really it. Development is unrestricted. They have documentation available on how to do whatever you'd like. They also don't bind it to any given hardware or function. While there are some limits imposed by the basic design (like you need to run on an x86, x64 or IA64 processor) they have the resources for you to develop drivers for the platform of your choice.

    They really don't limit you much at all, at least not from a normal user's perspective. No, they don't give you the source but if you aren't a programmer, and most people aren't then it doesn't matter at all.

    Also, as a practical matter, I find many people who whine about open source really just want to not pay for software, but won't admit that is their main motivation easily.

  • Re:Excellent. (Score:3, Interesting)

    by Jarjarthejedi (996957) <christianpinch@g[ ]l.com ['mai' in gap]> on Friday December 04, 2009 @12:24AM (#30321122) Journal

    A 100:1 ratio of junk to gold with 100 games on the market is a far different environment than a 100:1 ratio of junk to gold with 1,000,000 games on the market. In the first case there's only 1 good game out there, in the second there's 1000. Same ratio, far different result. All you need is the ability to ferret out those gold game from the junk, which is entirely possible, and then the more games on the market (with the same or better ratio) the better.

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