Console homebrew may not be illegal, European Court of Justice rules
The ruling arose as part of a case brought by Nintendo against PC Box, which distributes software allowing unauthorised content on DS and Wii consoles – namely movies, videos and music. Nintendo alleged that PC Box’s software allowed for the use of pirated games, but PC Box adamantly objected to this claim.
The Court of Justice ruled today that PC Box’s offerings are not unlawful, because the content it enables is not itself unlawful. According to the court’s interpretation of existing law, PC Box would be in the wrong if it distributed equipment to get around copy or broadcast protection, enabling games to be pirated or otherwise illegally shared.
In a statement issued to Polygon, Nintendo said it will continue to battle its civil case against PC Box in the Milan Tribunal, which had passed this query to the CJEU.
“Since Nintendo only ever utilizes technological protection measures which are both necessary and proportionate to prevent widespread piracy of its intellectual property, and since the preponderant purpose of the circumvention devices marketed by PC Box is to enable piracy of legitimate video games, Nintendo is confident that the application of the guidance set out by the CJEU relating to proportionality will enable the Milan Tribunal to determine that the sale of circumvention devices is unlawful,” the company said.
“In the meantime, Nintendo maintains that the commercial dealings in circumvention devices infringe copyright laws as well as other intellectual property laws and Nintendo will continue to pursue those involved in the distribution of such devices.”
Posted:
Related Forum: Gaming Discussion
Source: http://www.vg247.com/2014/01/24/console-homebrow-may-not-be-illegal-european-court-of-justice-rules/
Related Articles
Comments
MoBoPosted:
Pummpy1OasisNHKCutler Homebrew*. Please fix the title.
I didn't even notice until you pointed that out. Now it's getting under my skin.
Same here. Just read it as Homebrew, now I know I can't stop looking at it.
That is slowly going to get on my nerves.
Much thanks for pointing this out :L
Arrggh, change it please :/ Dayum, that's frustrating.
GaryPosted:
Homebrew shouldn't be illegal since most of it is stuff that developers release when they can't get officially licensed
Pummpy1Posted:
OasisNHKCutler Homebrew*. Please fix the title.
I didn't even notice until you pointed that out. Now it's getting under my skin.
Same here. Just read it as Homebrew, now I know I can't stop looking at it.
That is slowly going to get on my nerves.
Much thanks for pointing this out :L
OasisPosted:
NHKCutler Homebrew*. Please fix the title.
I didn't even notice until you pointed that out. Now it's getting under my skin.
Same here. Just read it as Homebrew, now I know I can't stop looking at it.
EthicsPosted:
haha unlucky nintendo... i think nintendo should focus on actually making games and consoles instead of the law side.
NHKPosted:
Cutler Homebrew*. Please fix the title.
I didn't even notice until you pointed that out. Now it's getting under my skin.
Latest Downloads
- 01. Jalopy SaveGame (Pumped up LaikaGT)(0)
- 02. Assassin's Creed 3 Save Game (Game completed 8%, until Chapter 4)(0)
- 03. Supermarket Simulator SaveGame (Quick start, 172 day, 65lvl)(0)
- 04. Caribbean Legend: SaveGame (before the start of the Dutch Gambit)(0)
- 05. Caribbean Legend: SaveGame (Passed the Secret Organization Gambit) [v1.0.0](0)
- 06. Jalopy: SaveGame (Pumped up LaikaGT)(0)
- 07. Assassin's Creed 3: Save Game (Game completed 8%, until Chapter 4)(3)
- 08. Supermarket Simulator: SaveGame (Quick start, 172 day, 65lvl)(0)
- 09. GoreBox: SaveGame (Ancient village of the Paleozoic era)(0)
- 10. Need for Speed: Most Wanted (2005) - SaveGame (0% career, 2 BMWs in the garage)(1)
- 11. [EU] CARX DRIFT RACING ONLINE - PROGRESS SAVE 6 SP DUO (CUSA15633)(10)
- 12. Fallout Shelter Modded Save PC(3)
- 13. Remember Me: SaveGame (The Game done 100%)(0)
- 14. The Long Drive: SaveGame (American pickup)(0)
- 15. Goemon's Great Adventure (US / NTSC) - Nintendo 64 Game Save(2)
Latest Tutorials
- 01. The Redress Of Mira 100% Walkthrough | Trophy & Achievement(549)
- 02. Russian Pinocchio Quick Trophy Guide(672)
- 03. Venatrix Quick Trophy & Achievement Guide(668)
- 04. Call of the Sea 100% Platinum Walkthrough(752)
- 05. Wire Lips 100% Platinum Walkthrough(762)
- 06. The Expanse 100% Platinum Walkthrough | Trophy & Achievement(716)
- 07. Doctor Who: The Edge of Reality - PS4 Platinum P/Thru(635)
- 08. Doctor Who:The Lonely Assassins - 100% Guide(563)
- 09. DAYMARE 1998 PS4 - Full game 100% TROPHY WALKTHROUGH(532)
- 10. Stray Platinum Walkthrough | Trophy & Achievement Guide(540)
- 11. Raji: An Ancient Epic | Complete Gameplay Walkthrough(705)
- 12. Corpse Killer: 25th Anniversary Edition - Longplay(720)
- 13. Song of Horror: Complete Edition Gameplay Walkthrough(457)
- 14. Remoteness 100% All Trophies Walkthrough(736)
- 15. Detective Inspector Mysterious Clues Platinum Walkthrough(603)
"Console homebrew may not be illegal, European Court of Justice rules" :: Login/Create an Account :: 55 comments