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.
Full court documents will be available soon.
What can be deduced from this astonishing news ? The mighty Nintendo who have every modder around the globe quaking in their boots due to their now famous aggressive tactics against their systems' protection have finally been beaten in court on a ruling that should send shockwaves throughout the industry.
For the first time, even though France tech laws are usually locked within their borders, this has the very real possibility of setting a precedence throughout Europe, and maybe the rest of the world on the rule of what you are able to do with a games system without being chained to a draconian EUCD or DMCA law. Now doubt an appeal will follow however developers should be ecstatic at this news. More news as we hear it……
HOMEBREW FTW ! (For today at least….in France lol)
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