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.”
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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
EtaPosted:
Pens I can't see Nintendo going ahead with this
They said they will "pursue those involved in the distribution of such devices."
-SignedPosted:
TanyaFiji Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
I couldnt agree more with you buddy!
Yeah. All they really have is Super Mario, Super Smash Bros and Pokemon.
TanyaPosted:
Fiji Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
I couldnt agree more with you buddy!
FijiPosted:
Nintendo are failing so hard at the minute it's about time they make a console similar to ps4 and Xbox one
XBL-ABPosted:
I homebrewed or jailbroke or whatever'd my Wii.
Because now Nintendo sucks crap at making good things.
Nintendo is just a awful company.
The ONLY good things left are Super smash bros.
Wii sucks compared to newer tech.
Wii U is just an awful idea overall.
Nintendo, give up and go bankrupt.
/Rant over.
Because now Nintendo sucks crap at making good things.
Nintendo is just a awful company.
The ONLY good things left are Super smash bros.
Wii sucks compared to newer tech.
Wii U is just an awful idea overall.
Nintendo, give up and go bankrupt.
/Rant over.
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