ELSPA considering legal action for flashcart retailers

Posted Jul 10, 2008 at 9:55AM EST by QJ Staff

Listed in: Nintendo DS Tags: ELSPA, MCV

ELSPA considering legal action against flashcart retailers - Image 1

MCV recently revealed that the Entertainment and Leisure Software Publishers Association, or ELSPA, is considering taking actions to stop the proliferation of flashcarts such as the R4 and M3 in the UK.

ELSPA's IP Crime Unit manager, John Hillier, explained that the cards "illegally circumvent the copyright protection in place and allows copied games to be played." He adds,

The supply of these items is an infringement and an offence under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. ELSPAÂ’s IP Crime Unit works closely with the enforcement agencies to stop this supply and prevent instances of intellectual property theft.

A Nintendo spokesperson added,

We are monitoring the situation with R4 cards and working closely with our legal teams to identify any infringements on our IP and will take action where and when appropriate.

For those who haven't heard of them flashcarts are SD cards that allow for homebrew (or unlicensed programs) to run on the DS. The main problem with the use of these flashcarts is that they can also be used to run pirated versions of games.

Via MCV

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Just because a flashcart CAN be used to pirate games doesn't automatically make everyone with a flashcart a pirate. Banning flashcarts would be like banning the sale of blank DVDs - which are sometimes used to copy movies and PC/Playstation/Xbox games. Should everyone who uses their DVD burner for legal operations be punished for what others coulda woulda shoulda done? Ridiculous.

# That is the same logic as............... — Alienhideout 2008-07-11 06:41

the anti-gun whiners in the U.S. Just because some criminals use guns to commit crimes, they want to outlaw the legal ownership of guns for hobby shooting, hunting and self defense. PUNISH THE CRIMES, NOT THE TOOL USED TO COMMIT IT!!!

# And in other news... — Lunisneko 2008-07-11 16:20

FINGERS TO BE REMOVED FROM HUMANS BECAUSE THEY CAN BE USED TO CIRCUMVENT COPY PROTECTION!

Gtfo ELSPA. You're useless anyway. Also, you can't use the R4 to play copied games, you can only load a ROM dump into memory as if you _had_ a copied game. Actually, there's no protection in the DS from playing copied games. ;)

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ELSPA considering legal action for flashcart retailers

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