Nintendo launches lawsuit against hacking website

Mario maker files lawsuit against owner of HackYourConsole.com for selling unauthorized copies of Nintendo games and game-copying devices.

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Nintendo of America has filed a lawsuit against HackYourConsole.com, a website that the Mario maker says "blatantly promotes and sells unauthorized Nintendo games," as well as game-copying devices like the R4.

The lawsuit was filed in the Southern District of Florida, where HackYourConsole was established in 2012. The company could not be reached for comment at press time.

On HackYourConsole's website, a FAQ page says R4 Cards like the ones it sells are "not illegal, however, the software you put on the R4 may be."

"The cards themselves aren't illegal because there's plenty of things that are legitimately free for them. It's the actual DS games that you download that are illegal. Backups and NDS roms are a touchy subject. If you don't own the game usually a back up is illegal," the page reads.

HackYourConsole.com also sells 3DS Gateway cards, which facilitate the play of illegally downloaded games, Nintendo said, adding that such copying devices "severely undermine" a game's sales.

"Piracy on the Nintendo DS system has a huge impact on games sales," said Wii U and 3DS developer Renegade Kid cofounder Jools Watsham in a statement. "It can affect everyone involved, including the many honest players out there. If independent studios, like ours, are unable to recoup the money they invest into game development, through the sales of their games, we will unfortunately see fewer independent games developed in the future."

Nintendo said illegal copying of game software is an international problem that "continues to stifle the growth of the creative development community." The company added that gamers can report game copiers, illegal Nintendo software, or other piracy-related activities by contacting Nintendo at 800-255-3700 or piracyscene@noa.nintendo.com

Discussion

834 comments
Sohereiam
Sohereiam

Remember this, Nintendo is doing this specially because that they are profiting with their work.

Leeric420
Leeric420

This is how Anonymous targeted Sony, be careful Nintendo.

Joedgabe
Joedgabe

Well this is going to sound really sad however a lot of people from other countries buy consoles to specifically hack or mod the console for the games. I went to chile for vacation and went to buy a game for the Ps3 and they asked if i had the Ps3 modded or if i wanted a Real game they asked the same thing for the Wii and xbox 360.. and mostly advertised R4 for the 3DS instead of games.

enoslives7
enoslives7

Dear nintendo, you may wanna learn from Sony's mistake. 

DON'T PISS OFF THE HACKING COMMUNITY!!

LucisXV
LucisXV

Nintendo... Seriously ?!?

MotRFalcon
MotRFalcon

They've got to make money somehow I guess because they certainly aren't getting any out of the WiiU.

AshTrai
AshTrai

You cannot eradicate piracy. The suits also need to realize that there is no such thing as a sale "lost" to piracy since that person would never have bought the game in the first place. 

Now, i dont know anything about the wiiu, DS, or the method used to crack them but i can't see Nintendo losing this court case, especially in America. It's not gonna stop the rest of the countries this device is sold in. They are fighting an unwinnable war and spending more money for nothing.

Having watched microsoft battle the pirates on the 360, it is just an arms race which culminated in MS being physically unable to distinguish a cracked xbox from an untouched one on their own xbox live service. You cannot win against a literal army of reverse engineers that exist amongst the 4 billion people u sell your device to. 

Nintyfan95
Nintyfan95

They'll make more money off this lawsuit then there failing system. 

Toplinkar
Toplinkar

Interesting, but the battle against piracy is one no console maker can win. Piracy runs rampant on current-gen console and it will still do so on the next-gen, and the ones after that,


It sucks, but it is inevitable.

ReeksOfAwsmnss7
ReeksOfAwsmnss7

Hey, if the Wii U isn't making them any money, they gotta get it some other way..

ScottOakley
ScottOakley

Who in the world would download WiiU games is beyond me. 

telaros
telaros

Yeah, no, I'm not buying this Nintendo. You guys don't even support DS games anymore. And those who've released those games in the past don't ship out DS games anymore that are over a year old. Only Pokemon really sells anymore on a Nintendo system.

No one is hacking 3DS games either. You got nothing to complain about. You're sore that no one is buying the Wii U and you're 'forced' to sell at a loss. Guess what? EVERY company has always sold systems at loss. You don't make money on the hardware, you make it on the software instead.

You attack your fans on Youtube who try to fight to give you free press, and show off your games in Review and Let's Play videos. By stealing their ad revenue that allows them just enough to even afford to spend the time to make one, you have the balls to say it's for their own good? And  how  OH SO GENEROUS you are by allowing their videos to stay up on Youtube. You take their penny jars. For shame.

Iwata and these people are crazy. Down with Iwata. We need someone with the ability for rational thought and who gives a damn about the fans.

Miyamoto for President! (hell, REGGIE would do a better job!)


Point is, you're fighting a losing battle. A desperate battle that's only going to end with you throwing more money out the window. One site goes down, another goes up. It won't end. Stay focused on what needs to be done. You aren't losing anything at all. STOP TRYING TO BLAME OTHERS FOR YOUR OWN FAULTS!

Fact: 90% of all DS games were shit. It got swamped with shovel-ware not a year later. Games like FF sold QUITE sell despite Square feeling the need to flex their BRAND NAME by increasing the price on their games by 5 to 10 bucks because they want to be seen as better than the rest.

If you ever succeed in blocking R4 cards, you'll see a birth of a 3DS R5 card that will allow for 3DS games to be downloaded and be undetectable by the system. Just quit now and let them have their fun. I don't want the 3DS to become shovelware just yet.

tightwad34
tightwad34

Shit, if I had the money and resources I would totally go after scum like this. I would just be wary that they may come back and attack my business. Cyber Wars!!!!

Kyrylo
Kyrylo

I see what u did there nintendo...you want more money, eh?  

MajinSquall
MajinSquall

not to sure how this is going to work out after all the R4 cards are legal it's what people are doing with them that isn't i think the best that can come from this is that the makers of the cards have to put some kind of program on it so you can't put DS or 3DS games on it

junglist101
junglist101

hackyourconsole.com should thank nintendo for the free advertisement. 

devild0ogwhite
devild0ogwhite

Eh this is a tough one, but at the end of the day I gotta go with the website on this.  It's not illegal to hack your console, it's not illegal to back up copies of games you purchased.  I understand full well that the people using this information are doing so with the full intent of pirating games, but that doesn't necessarily make it the fault of hackyourconsole.  I'm not siding with people how download and emulate games, just on a technical standpoint I see no legal fault here.

Zerabp
Zerabp

This is piracy, not downloading, but actually selling physical copies and hacked consoles. Hope Nintendo wins.

mathg04
mathg04

You do something ilegal, you have to pay. Why the hell should anyone say what nintendo is doing is wrong? You got robbed, you want your stuff back, it's that easy. No conspiracy, no greediness, just justice.

You know how many lawsuits microsoft and sony are doing only to MAKE profit? But no one cares. Nintendo tries to do a lawsuits so they don't lose more money and every pirate on this earth starts flaming.

SiLenTWarrior29
SiLenTWarrior29

Nintendo: "Fuck dat Imma get paid mutha fucka... Yes your honor, on the evening question per se your honor. 12 million.... 12! LOL

91210user
91210user

That's a bizarre website! It's funny how Nintendo are helping R4 thou by leaving them alone! Keep in mind, China (where R4 is made) has to help Japan and their Yen when the recession occurred years ago! They're still allies.

gplayer5
gplayer5

lol, this is why I use emulators. Anyways, why is Nintendo suddenly going after some no-name hacking site? Pirate bay has been making this stuff available for years and nothing has happened to them. Looks like they need to get their priorities straight...

racerxgundam
racerxgundam

i wish i knew how to homebrew my own games. 

Gem the RPG would not be locked away in my mind :'(

> wii u

Sohereiam
Sohereiam

@Leeric420 No, Anonymous attacked Sony because they pursued Geohotz and treated the privacy on thousands of people.

Besides even hackers know that profiting with someone else work whiteout the permission of the owner is one of the lowest thing someone can do.

Andrew1073
Andrew1073

@Leeric420 It's still BS.  So these companies can do nothing while people blatantly steal from them?  Sucks.

jophy
jophy

@Leeric420 I like when anonymous target bullies, but they should not bully corporations like these. TBH, R4 is there to promote and provide piracy. we don't need laws with loopholes to let us know they are morally not ethical.

fredyellowone
fredyellowone

@Leeric420 

There is nothing less democratic than a group of teenagers acting like batman, deciding what is good or not, ethic or not, moral or not, sitting in front of their computers.

Gwoolhurme
Gwoolhurme

@fredyellowone the flash carts can be used for homebrew as well, like I posted below, you can make your own games and run them on the DS with a flash cart, perhaps there is a better solution to combat piracy...

WautraetsM
WautraetsM

@MotRFalcon 

Wtf are you talking about. Pokemon X/Y and The legend Of Zelda: A link between worlds are both coming out this year. They'll be raking in the money.

fredyellowone
fredyellowone

@AshTrai 

Hopefully, not everyone is dumb as you.

Or we should also give up on fighting global warning?

Or people abusing childrens?

DMND
DMND

@ReeksOfAwsmnss7 They're fighting for the developers, you have to buy the console anyway.

Devil_wings00
Devil_wings00

@MajinSquall which would completely destroy the market for those devices so Nintendo would have won ;p despite all the things people claim these things can do (many of which are neat and handy) these things sell because people want free games. The people who are using them for dev purposes or purely for utility are a tiny group.

Devil_wings00
Devil_wings00

@devild0ogwhite Ya even the cards that facilitate the piracy of games have an abundance of other features that the manufacturers can use to justify there existence.

devild0ogwhite
devild0ogwhite

@Zerabp They're not selling hacked consoles, they're selling flash cards that you can load games onto in order to play on your hacked console.  Technically the process is not illegal if you own the original copy of the game.  Whether Nintendo wins or not will be based on if the court rules that the website facilitates in the illegal copy and redistribution of IP's.  This is actually a much tougher sell then it sounds because people are fully within their rights to backup anything they own so long as they don't resell it or distribute it.

Kiaininja
Kiaininja

@mathg04 Your wrong, people do bitch about MS and Sony lawsuits. And Nintendo is suing because their too senile and backwards to understand that selling legal storage cards used for homebrew developing doesn't have any correlation with stopping piracy. You can play pirated games on your i-phone/Android, PC, or even on a PS-Vita without using these storage cards provided by HackYourConsole.com. Are Nintendo going to sue Sony for letting people hack their PSPs and Vitas to play pirated SNES, N64, or DS games on it. It's obvious this lawsuit is just a quick money grab to pad their Wii-U losses.

Bellum_Sacrum
Bellum_Sacrum

@gplayer5 You are comparing freaking elusive piratebay to some company situated in freaking Florida? You must have had dumb for breakfast.

Jinzo_111887
Jinzo_111887

 @racerxgundam Do a little searching online. You might be able to find a free RPG engine for the PC if you are interested in that being your platform of choice.

Dieknochenblume
Dieknochenblume

@fredyellowone @Leeric420 Even though I have agreed with Anonymous (on some ideological purposes), you are completely right that no one should go all Batman and decide for the rest of us.

telaros
telaros

@DMND @telarosThey made their money. They are desperate. And fuckI'll use my first amendment right as much as I damn well please.

Cry harder.

fredyellowone
fredyellowone

@devild0ogwhite @Zerabp 

Fail.  You can sell your cartridge, period.


racerxgundam
racerxgundam

@Jinzo_111887 lol i was being sarcastic brother :-P

but if there was a GEM roleplaying game complete with rockers sex minigame....and since i want a japanese company to make this..let them include an obligatory talking cat that references some obscure RPG...

i would pay for that 

> wii u

Jinzo_111887
Jinzo_111887

 @jd7904 @Jinzo_111887 Yeah, Gimp can be used too. It might be overkill with the download size of the installer though. Still, it's not bad.

jd7904
jd7904

@Jinzo_111887 I think the GIMP does pixel art as well. it's an open source suite similar to photoshop.

Jinzo_111887
Jinzo_111887

 @racerxgundam @Jinzo_111887 Found a program for pixel art you could mess around with the lite version should be fine for new spriters such as yourself if you want to mess try your hand at pixel art. http://www.humanbalance.net/gale/us/

Jinzo_111887
Jinzo_111887

 @racerxgundam @Jinzo_111887 You could look up tutorials online if you want tips on pixel art (spriting). I'll see if I can find a link for you.

racerxgundam
racerxgundam

@Jinzo_111887 nah...only sprite i can handle is the soda 

:'( oh well! the world was not ready for GEM!

> wii u

Jinzo_111887
Jinzo_111887

 @racerxgundam @Jinzo_111887 You'll have to look into them yourself and try them out. If you're good at making sprites in various programs, you might be able to import them into the engine of your choice. Also, don't be afraid to ask the community for help if you need it.

racerxgundam
racerxgundam

@Jinzo_111887 r they hard to use? like how much do u need to know?

would an average cpu user know how to work it?

> wii u

Jinzo_111887
Jinzo_111887

 @racerxgundam @Jinzo_111887 Ah. I see. Never the less, there are possibilities if you were serious. Sourceforge could provide you with legally free game engines of all kinds if you were interested.