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Nintendo successfully executes a large scare piracy raid (PR)

Shard

XBLAnnoyance
PRESS RELEASE: Hong Kong Raid Nets 10,000 Products Used To Play Pirated Nintendo Software
Press release supplied by Games Press 09:59 (GMT) 23/10/2007

REDMOND, Wash., Oct. 22, 2007 - At Nintendo's request, the Hong Kong High Court has intervened to help stop a global distribution operation involving game copying devices and modification chips ("mod chips") that violate its copyrights and trademarks in the Nintendo DS™ and Wii™ systems.

On Oct. 8th, the court ordered the raid of Supreme Factory Limited facilities. During a three-day period, Nintendo representatives seized more than 10,000 game copying devices and mod chips. The game copying devices connect to the Nintendo DS and are used to copy and play game files offered unlawfully via the Internet. The mod chips allow the play of pirated Wii discs or illegal copies of Nintendo games downloaded from the Internet.

The search also turned up volumes of documents reflecting the scope of the operation. The Supreme Factory Limited has ties to a French company, Divineo SARL, and its principal, Max Louarn, who are also named in the legal action initiated by Nintendo. The High Court prohibited the companies from further distribution of the devices and from disposing a portion of their assets worldwide, and ordered that such assets be frozen pending outcome of the legal proceedings.

"Piracy affects the entire video game industry, from large companies to independent developers," says Jodi Daugherty, Nintendo of America's senior director for anti-piracy. "It can destroy years of hard work by a team of very talented software developers, who strive to create games consumers enjoy playing. Copying the developers' work and spreading the game files globally is blatant stealing."

Piracy not only affects Nintendo, but also more than 100 companies that independently create, license, market and sell Nintendo video game products. Nintendo and these companies lost an estimated $762 million in sales due to counterfeits in 2006.

This action is one of several that Nintendo has initiated over the years against game copiers and mod chips. In 2005, Nintendo was awarded more than $5 million in damages from the Hong Kong High Court against Lik Sang, a company responsible for the widespread distribution of game copying devices. In another case, a U.S. judge ordered Bung Enterprises to pay Nintendo $7 million in damages in connection with its involvement in manufacturing and distribution of such products.

The worldwide innovator in the creation of interactive entertainment, Nintendo Co., Ltd., of Kyoto, Japan, manufactures and markets hardware and software for its Wii™, Nintendo DS™, Game Boy® Advance and Nintendo GameCube™ systems. Since 1983, Nintendo has sold nearly 2.4 billion video games and more than 420 million hardware units globally, and has created industry icons like Mario™, Donkey Kong®, Metroid®, Zelda™ and Pokémon®. A wholly owned subsidiary, Nintendo of America Inc., based in Redmond, Wash., serves as headquarters for Nintendo's operations in the Western Hemisphere. For more information about Nintendo, visit the company's Web site at www.nintendo.com.
 

HolyCheck

I want a tag give me a tag
PRESS RELEASE: Hong Kong Raid Nets 10,000 Products Used To Play Pirated Nintendo SoftwARRRRRRRRRRRe
Press release supplied by Games Press 09:59 (GMT) 23/10/2007

REDMOND, Wash., Oct. 22, 2007 - At Nintendo's request, the Hong Kong High Court has intervened to help stop a global distribution operation involving game copying devices and modification chips ("mod chips") that violate its copyrights and trademARRRRRRRRRRRks in the Nintendo DS™ and Wii™ systems.

On Oct. 8th, the court ordered the raid of Supreme Factory Limited facilities. During a three-day period, Nintendo representatives seized more than 10,000 game copying devices and mod chips. The game copying devices connect to the Nintendo DS and ARRRRRRRRRRRe used to copy and play game files offered unlawfully via the Internet. The mod chips allow the play of pirated Wii discs or illegal copies of Nintendo games downloaded from the Internet.

The seARRRRRRRRRRRch also turned up volumes of documents reflecting the scope of the operation. The Supreme Factory Limited has ties to a French company, Divineo SARRRRRRRRRRRL, and its principal, Max LouARRRRRRRRRRRn, who ARRRRRRRRRRRe also named in the legal action initiated by Nintendo. The High Court prohibited the companies from further distribution of the devices and from disposing a portion of their assets worldwide, and ordered that such assets be frozen pending outcome of the legal proceedings.

"Piracy affects the entire video game industry, from lARRRRRRRRRRRge companies to independent developers," says Jodi Daugherty, Nintendo of America's senior director for anti-piracy. "It can destroy yeARRRRRRRRRRRs of hARRRRRRRRRRRd work by a team of very talented softwARRRRRRRRRRRe developers, who strive to create games consumers enjoy playing. Copying the developers' work and spreading the game files globally is blatant stealing."

Piracy not only affects Nintendo, but also more than 100 companies that independently create, license, mARRRRRRRRRRRket and sell Nintendo video game products. Nintendo and these companies lost an estimated $762 million in sales due to counterfeits in 2006.

This action is one of several that Nintendo has initiated over the yeARRRRRRRRRRRs against game copiers and mod chips. In 2005, Nintendo was awARRRRRRRRRRRded more than $5 million in damages from the Hong Kong High Court against Lik Sang, a company responsible for the widespread distribution of game copying devices. In another case, a U.S. judge ordered Bung Enterprises to pay Nintendo $7 million in damages in connection with its involvement in manufacturing and distribution of such products.

The worldwide innovator in the creation of interactive entertainment, Nintendo Co., Ltd., of Kyoto, Japan, manufactures and mARRRRRRRRRRRkets hARRRRRRRRRRRdwARRRRRRRRRRRe and softwARRRRRRRRRRRe for its Wii™, Nintendo DS™, Game Boy® Advance and Nintendo GameCube™ systems. Since 1983, Nintendo has sold neARRRRRRRRRRRly 2.4 billion video games and more than 420 million hARRRRRRRRRRRdwARRRRRRRRRRRe units globally, and has created industry icons like MARRRRRRRRRRRio™, Donkey Kong®, Metroid®, Zelda™ and Pokémon®. A wholly owned subsidiARRRRRRRRRRRy, Nintendo of America Inc., based in Redmond, Wash., serves as headquARRRRRRRRRRRters for Nintendo's operations in the Western Hemisphere. For more information about Nintendo, visit the company's Web site at www.nintendo.com.

yes!!

stick it too them.
 

DrXym

Member
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.
 

Haunted

Member
DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.
Sued by Nintendo in 2005, shut down by Sony in 2006. I think we all know that.
 
DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.
It was mostly the way Sony went after them that raised ire. Filing a lawsuit in pretty much every European country so that LikSang didn't have a chance of defending themselves without going out of business on costs alone.
 
DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.

That is the most surprising part for me. Why on earth nobody knew lik sang had to pay 5M$ to Nintendo in all those "I hate sony" threads? :lol
 

Blimblim

The Inside Track
DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.
Except Sony got them to shut down for something that's legal as far as I know. Lik-Sang wouldn't stop shipping PSPs to Europe, and they simply started many legal actions against them and killed them with the legal fees.
I have zero pity for resellers being shut down because of stuff used for piracy, but import is a very different matter.
 

Mistouze

user-friendly man-cashews
DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.

Didn't Sony go against them because of piracy or more because they sold and shipped PSPs outside Japan when the console was only available there?

EDIT : Beaten par Blimblim....salooooooooo!!!
 

manzo

Member
Blimblim said:
Except Sony got them to shut down for something that's legal as far as I know. Lik-Sang wouldn't stop shipping PSPs to Europe, and they simply started many legal actions against them and killed them with the legal fees.
I have zero pity for resellers being shut down because of stuff used for piracy, but import is a very different matter.

Voice of truth.

Lik-Sang stopped selling game copiers and modchipf back in 2004 and went legal after that.

Sony shut them down for selling PSPs to Europe for a lot cheaper and 6 months earlier. :*(
 

Stumpokapow

listen to the mad man
No company has any business conducting or being a part of any raid. Police officers uphold the law and execute well defined and legally limited searches. In the same way, I have no business going ona raid with police officers if they are arresting a guy who robbed my house.

Regardless of the merits of an anti-piracy initiative, any day where private company representatives are acting with or as law enforcement officers is a sad day for justice.
 

DrXym

Member
manzo said:
Voice of truth.

Lik-Sang stopped selling game copiers and modchipf back in 2004 and went legal after that.

Sony shut them down for selling PSPs to Europe for a lot cheaper and 6 months earlier. :*(

Sony sued them for selling gray imports as is their right under EU law. Lik Sang shut themselves down presumably because they knew they were going to lose. Perhaps they shouldn't have let it get to court since they no doubt got cease and desists well beforehand. They could have continued to operate just as Play Asia have managed by restricting sales to Europe.
 
Sony and MS are fighting over discounts and sales and selling games.

Nintendo are off finding people selling games.......


Nintendo, just let a few people sell a few thousand pirated games and concentrate more on making the damned things!
not really... go get em!!
 

Terrell

Member
Stumpokapow said:
No company has any business conducting or being a part of any raid. Police officers uphold the law and execute well defined and legally limited searches. In the same way, I have no business going ona raid with police officers if they are arresting a guy who robbed my house.

Regardless of the merits of an anti-piracy initiative, any day where private company representatives are acting with or as law enforcement officers is a sad day for justice.
You must be new to the world. Hong Kong officials will turn a blind eye to pretty much anything until someone makes a stink about it and gets personally involved. It's like Asia's "Wild West".
 
Glad that nintendo try to stop piracy, if only said things were stoppable for the 360.

And sony suck for closing lik sang, even though they brought several psp's from them to be sent to sony execs in the uk earlier that year...
 
I've got an M3 Simply myself (R4) and I mainly use it as a media player (lost my iPod) and to play Day of the Tentacle... they're pretty damn cool. But lets not be naive here, these things have other uses, and they're becoming all the more common. I'm not surprised to see Nintendo act.
 

CTLance

Member
Stumpokapow said:
No company has any business conducting or being a part of any raid[...]
I am with you, but as somebody stated before, this only works if all involved state agencies aren't corrupted at all, down to the last man. From what I hear this isn't exactly the case in HK, so I guess they took the matter into their own hands, so to speak. Nonetheless, it's a very very uncomfortable thought for me.
 

DrXym

Member
Diablohead said:
Glad that nintendo try to stop piracy, if only said things were stoppable for the 360.

And sony suck for closing lik sang, even though they brought several psp's from them to be sent to sony execs in the uk earlier that year...

Sony didn't close Lik Sang. Sony sued Lik Sang following a cease and desist. Lik Sang didn't even bother to represent themselves when it when to court and closed themselves.
 

D.Lo

Member
Shard said:
Nintendo and these companies lost an estimated $762 million in sales due to counterfeits in 2006.
When the music industry quotes their losses from mp3 downloaeds it's a load of crap, because they assume everyone who downloaded an mp3 would ahve bought the CD, which is of course fallacious.

But here I'm inclined to agree. The amount of pirated GBA and DS material on ebay over the last few years, mostly from HK and Thailand, has been insane. I never knew how ebay got away with it when so many of the GBA/DS games were so clearly pirated. 'Ships with no instruction and flat pack box so no smash in mail' etc.

DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.
Sony sued them for selling legit imports, Nintendo sued them for selling piracy devices (GBA flash carts).

EDIT Beated x900
 

MisterHero

Super Member
DrXym said:
Astute readers will notice that Sony isn't the only company that went after Lik Sang. Of course they got all the fury being Sony after all.

Nintendo Defense Force Activated

Nintendo went after Lik-Sang for selling mod chips and game copying devices.

Sony went after them for importing their wares into Europe before their European launch.

So yes, the cases are clearly similar.

Also, ninjas >>>>>> pirates
 

HolyCheck

I want a tag give me a tag
Reggie_Foxnews.jpg

You're next America.
 
Vaandaviii said:
That is the most surprising part for me. Why on earth nobody knew lik sang had to pay 5M$ to Nintendo in all those "I hate sony" threads? :lol
I didn't know this either. I really feel bad for just bashing Sony.
 

Stumpokapow

listen to the mad man
CTLance said:
I am with you, but as somebody stated before, this only works if all involved state agencies aren't corrupted at all, down to the last man. From what I hear this isn't exactly the case in HK, so I guess they took the matter into their own hands, so to speak. Nonetheless, it's a very very uncomfortable thought for me.

Absolutely irrelevant. If your brother is killed and a jury lets the perp walk, it is not appropriate ethically or legally for you to go and kill the jury, defence attorney, and perp.

The same social contract that gives us the right to be protected against harm and crime against us also requires us to use institutionally approved channels to complain when the system fails. If Nintendo wants to protest, lobby, release press releases detailing corruption in the HK police, etc... I'm completely fine with any of that.

Circumventing the institutions that allow the orderly promotion of justice and protection of rights is inexcusable.
 

botticus

Member
Stumpokapow said:
Absolutely irrelevant. If your brother is killed and a jury lets the perp walk, it is not appropriate ethically or legally for you to go and kill the jury, defence attorney, and perp.

The same social contract that gives us the right to be protected against harm and crime against us also requires us to use institutionally approved channels to complain when the system fails. If Nintendo wants to protest, lobby, release press releases detailing corruption in the HK police, etc... I'm completely fine with any of that.

Circumventing the institutions that allow the orderly promotion of justice and protection of rights is inexcusable.
I assume you're just going to an extreme, but Nintendo worked with the Hong Kong High Court (you know, their justice system), they didn't hire mercenaries to take out factories.

So your analogy would work if the Supreme Court allowed me to kill the jury and defense attorney after letting a murderer walk.
 

Stumpokapow

listen to the mad man
botticus said:
I assume you're just going to an extreme, but Nintendo worked with the Hong Kong High Court (you know, their justice system), they didn't hire mercenaries to take out factories.

So your analogy would work if the Supreme Court allowed me to kill the jury and defense attorney after letting a murderer walk.

An analogy does not need to encompass all sides of the situation. I simply used that example to rebut the idea that private citizens (or corporate entities) can take matters into their own hands if institutional measures of protection fail; in response to the people who defended this on the grounds that police in Hong Kong are useless.

While the Supreme Court action makes it technically legal in Hong Kong, the action is pretty trivially against the idea of the justice system both here and there. I believe that the justice system must necessarily be publically funded and publically accountable (whether through indirect means as in checks and balances, or direct means as in the election of judges and prosecutors--although I prefer the former for many reasons that are not really relevant to this thread). The introduction of private agents into the system, and worst of all into the area of the system that must most crucially be public (the execution of priveleged police powers, whether searches, seizures, or arrests) represents a corruption of the system.
 
Stumpokapow said:
An analogy does not need to encompass all sides of the situation. I simply used that example to rebut the idea that private citizens (or corporate entities) can take matters into their own hands if institutional measures of protection fail; in response to the people who defended this on the grounds that police in Hong Kong are useless.

While the Supreme Court action makes it technically legal in Hong Kong, the action is pretty trivially against the idea of the justice system both here and there. I believe that the justice system must necessarily be publically funded and publically accountable (whether through indirect means as in checks and balances, or direct means as in the election of judges and prosecutors--although I prefer the former for many reasons that are not really relevant to this thread). The introduction of private agents into the system, and worst of all into the area of the system that must most crucially be public (the execution of priveleged police powers, whether searches, seizures, or arrests) represents a corruption of the system.

I agree wholeheartedly. If companies are serious about combating piracy, this isn't the way to do it, just because it makes a sexy headline for whooping gamers. "At Nintendo's request, the Hong Kong Supreme Court" is a pretty chilling organisation of phonemes. This is not about preventing a future misuse - this is the misuse. Just because the pirates were clearly profiting from illegal activity, this does not automatically translate into 'its okay because piracy is devious' to suspend the concept of a division of corporate interest and legal authority.

Sony's assault on Lik-Sang was disgusting and telling. This episode does nothing to differentiate Nintendo's corporate culture from Sony's. (Not that I ever did.)

More importantly, "Bung Enterprises", lol wut
 
You're way off base. The way copyrights are set up, if a company doesn't actively try to defend its intellectual property, they lose it. Really simple.

If someone robs your house, you still need to press charges, otherwise there will be nothing done. That doesn't mean the police force your personal vengence squad just because they wait for you to report the crime before they do anything.

So it's silly to say they shouldn't be involved in the process, because there's no crime if they aren't objecting to the theft.

Some of you are on the wrong soap box. You'd have more of a point if this was Nintendo's private police force or if they had to pay the local police to execute the raid. But as it is the raid was conducted essentially after Nintendo reported a crime.
 

MisterHero

Super Member
Stumpokapow said:
An analogy does not need to encompass all sides of the situation. I simply used that example to rebut the idea that private citizens (or corporate entities) can take matters into their own hands if institutional measures of protection fail; in response to the people who defended this on the grounds that police in Hong Kong are useless.

While the Supreme Court action makes it technically legal in Hong Kong, the action is pretty trivially against the idea of the justice system both here and there. I believe that the justice system must necessarily be publically funded and publically accountable (whether through indirect means as in checks and balances, or direct means as in the election of judges and prosecutors--although I prefer the former for many reasons that are not really relevant to this thread). The introduction of private agents into the system, and worst of all into the area of the system that must most crucially be public (the execution of priveleged police powers, whether searches, seizures, or arrests) represents a corruption of the system.
So a company suing another company for costing them thousands if not millions is not a good use of taxpayer money and government man hours? Companies pay their part in taxes, don't they?

Doesn't the US court system do this all the time, police/legal prosecuters hire private investigators/subject experts to have better insight into catching criminal acts?
 

pr0cs

Member
sort of surprising it's taken them this long to crack down on piracy. It's next to impossible to find a Wii in my local craigslist that hasn't been "modded".
 

Pellham

Banned
DrXym said:
Sony didn't close Lik Sang. Sony sued Lik Sang following a cease and desist. Lik Sang didn't even bother to represent themselves when it when to court and closed themselves.

Which effectively means that Sony killed Lik Sang. Stop defending Sony's actions here. Nintendo sued Lik Sang for selling game copiers and mod chips. Sony sued Lik Sang because they were selling legal PSPs to europeans. Sony was fucking stupid.
 

Dolphin

Banned
ElectricBlue187 said:
because nintendo and other electronics manufacturers say it is
That's kind of what I thought. Copying devices and mod chips don't violate copyright law. If they found pirated games that's one thing, but this is just like the RIAA and MPAA. It's essentially attacking people you don't like because they can't afford to fight back.
 

itxaka

Defeatist
yeah! get them!

don´t let people do whatever they want with their consoles!

I´m just happy that in Spain we can modify our console to do whatever we want like, for example, turn an obsolet xbox into a full media center or Linux server.
 
Dolphin said:
That's kind of what I thought. Copying devices and mod chips don't violate copyright law. If they found pirated games that's one thing, but this is just like the RIAA and MPAA. It's essentially attacking people you don't like because they can't afford to fight back.

A new law has recently been passed in Hong Kong, stating that a device/service that can be used to bypass security/copy-protection measures to run pirated softwares, even if it is just one of the many possible uses (this point is still not accepted in many other countries AFAIK), is now considered ILLEGAL.
 

border

Member
Another pointless exercise. More shops and production centers will open in its place.

FitzOfRage said:
You'd have more of a point if this was Nintendo's private police force or if they had to pay the local police to execute the raid. But as it is the raid was conducted essentially after Nintendo reported a crime.
Read the article -- the essentially had their own paid police conducting the raid: During a three-day period, Nintendo representatives seized more than 10,000 game copying devices and mod chips.

Why are the accusers allowed access to the accused's premises and property? Why are they seizing property instead of the authorities? That should strike any American as ludicrous, and an invitation for misconduct.
 

Dolphin

Banned
AnimeTheme said:
A new law has recently been passed in Hong Kong, stating that a device/service that can be used to bypass security/copy-protection measures to run pirated softwares, even if it is just one of the many possible uses (this point is still not accepted in many other countries AFAIK), is now considered ILLEGAL.
Well, that's retarded and I'm glad I don't live in Hong Kong.
 
Dolphin said:
So why exactly is modded hardware illegal?

SELLING hardware mods is illegal because they're copyright circumvention devices, in the same way that selling pirated games is just stealing. Going after the manufacturers and distributors is the right way to go, because if you go after the end user, you just end up with the "RIAA suing 12 year-old girls" situation. And with the DS flash cards, you get into the whole "substantial non-piracy uses" thing thanks to the DS homebrew scene.

I don't know how illegal it is to open up something that you paid for and solder a chip into it, or sell it in a private transaction like craigslist. Nothing on the box told me I couldn't put a chip in when I first bought it.
 

itxaka

Defeatist
AnimeTheme said:
A new law has recently been passed in Hong Kong, stating that a device/service that can be used to bypass security/copy-protection measures to run pirated softwares, even if it is just one of the many possible uses (this point is still not accepted in many other countries AFAIK), is now considered ILLEGAL.

Damn, by that description even a screwdriver it´s illegal as is used to open a console and pirate it.
 

Dolphin

Banned
HisshouBuraiKen said:
SELLING hardware mods is illegal because they're copyright circumvention devices, in the same way that selling pirated games is just stealing.
No, this isn't the same at all. Selling modded hardware is completely different from selling illegal copies of copyrighted software. There's nothing illegal about devices that can be used for copyright circumvention, otherwise DVD recorders and VCRs would be illegal. There's no relation between the two examples whatsoever.
 
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