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/
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Comments
-SignedPosted:
Int if it wasnt illegal thi swould prbably boost the sales because of wanna be modders.
And that is all thy will be. Wannabe modders.
KatsumiPosted:
DongKatsumiFiji Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
I personally think Nintendo should stick to handhelds, they make excellent handheld consoles in my opinion
I couldn't agree more. The Nintendo DS - 3DS are great from what I've heard, never purchased one. But I absolutely hated the Wii apart from Wii Sports.
If you're looking for a good handheld console invest in the 3DS due to it's large libary of games
DongPosted:
KatsumiFiji Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
I personally think Nintendo should stick to handhelds, they make excellent handheld consoles in my opinion
I couldn't agree more. The Nintendo DS - 3DS are great from what I've heard, never purchased one. But I absolutely hated the Wii apart from Wii Sports.
AlmightyHelixPosted:
KatsumiFiji Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
I personally think Nintendo should stick to handhelds, they make excellent handheld consoles in my opinion
I love my Gameboy advance and color still. I don't like the Wii.
Third_EyePosted:
"The Court of Justice of the European Union has determined that in the circumvention of a consoles protection software is lawful, when the content so accessed is in itself lawful."
Isn't this common sense? Having an emulator isn't illegal, but playing the roms of games you do not own is illegal. It's not the tool, it's what said tool is used for.
Isn't this common sense? Having an emulator isn't illegal, but playing the roms of games you do not own is illegal. It's not the tool, it's what said tool is used for.
KatsumiPosted:
Fiji Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
I personally think Nintendo should stick to handhelds, they make excellent handheld consoles in my opinion
AlmightyHelixPosted:
I mean, if you're taking copyrighted games and not paying for them it should be illegal. It's like jailbreaking.
VPNPosted:
Liquify I remember i was like 11 when I jailbroke my wii. Just proves to show how low Nintendo is..
Dominating This has taken them so long.
Yeah, this has been debated on over a while.
EDMPosted:
I remember i was like 11 when I jailbroke my wii. Just proves to show how low Nintendo is..
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