Feeds

Windows 'openness' hailed in Nintendo game defeat

Bizarro-World judge calls it

Combat fraud and increase customer satisfaction

Updated It's a Bizarro-World indeed when Microsoft is held up by a judge in Europe as a paragon of openness, but that's apparently what happened in a law suit brought by Nintendo.

The games console and software maker has lost its case against Divineo Group in a Paris suit to block the sale of Nintendo DS Flash cartridges in France.

The judge dismissing Nintendo's case is reported to have said that by blocking non-Nintendo carts, the company is purposely locking out developers from their consoles.

Maxconsole, a site run by Max Louran of Divineo, wrote the judge said Nintendo: "Should be more like Windows where ANYONE can develop any application if they wish to."

The ruling has been seized upon as a victory for those building homebrew games or who install non-Nintendo games on systems via the Flash carts, and were worried that Nintendo's lawyers would come after them. The carts allow non-Nintendo games to be run on systems like the popular DS. The carts do this because they bypass Nintendo's DRM.

Maxconsole wrote: "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."

A Nintendo spokesperson told The Reg: "We are reviewing the judgment and it would be inappropriate to comment further at this stage.”

It would seem Europe is shaping up to be hostile territory for Nintendo on this topic. A court in Spain last month dismissed the company's case against Grupo Movilquick over alternative cartridges for Nintendo DS devices.

Techdirt and Publico.es reported that although the judge found the cartridges circumvented Nintendo's DRM and could be used for pirating games and playing games downloaded from the internet, they also extended the devices by adding functionality not offered by Nintendo. ®

This article has been updated to include comment from Nintendo.

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
Windows 8.1, which you probably haven't upgraded to yet, ALREADY OBSOLETE
Pre-Update versions of new Windows version will no longer support patches
Microsoft TIER SMEAR changes app prices whether devs ask or not
Some go up, some go down, Redmond goes silent
Red Hat to ship RHEL 7 release candidate with a taste of container tech
Grab 'near-final' version of next Enterprise Linux next week
Ditch the sync, paddle in the Streem: Upstart offers syncless sharing
Upload, delete and carry on sharing afterwards?
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.