A criminal complaint filed by Nintendo against the seller of a DS flash cart has been thrown out this week by a Spanish court, with the judge ruling that the devices add legitimate functionality to the handhelds.
The complaint was against the Movilquick Group, a seller of the devices. The flash carts allow for homebrew files, the easier playback of music, e-books and movies, and on the illegal side, the playback of pirated games. Movilquick has long said they are against piracy, and do not support their devices being used to playback unauthorized commercial software.
The judge ruled in favor of them: “Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”
The judge also noted that just because Nintendo had not included the added functionality to their handheld, it should not stop others from doing so. However, if the company wants to bring a case against Movilquick over patent and trademark issues, they may have a shot in civil court, added the ruling judge.
The judge ruled in favor of them: “Ultimately what occurs is a manipulation of hardware to extend its utility, allowing users to use with both legitimate and illegitimate purposes, but not only illegitimate.”
The judge also noted that just because Nintendo had not included the added functionality to their handheld, it should not stop others from doing so. However, if the company wants to bring a case against Movilquick over patent and trademark issues, they may have a shot in civil court, added the ruling judge.
