Nintendo welcomes yesterday's decision by
the Munich Higher Regional Court
, according to the devices that circumvent technological protection measures
and allow the playing of pirated copies are illegal. For devices of this type
include, for example slot-1 cards like R4, DSTT , Acekard etc. The court SR
Tronic , a Germany-based distributor of such circumvention devices , to pay 1
million euros sentenced damages .
Based on this decision Nintendo will
continue to proceed against both manufacturers as well as against commercial
vendors and importers of such devices. The judgment confirms the Munich Higher Regional Court
that the primary purpose of circumvention devices is to allow the game with
pirated copies of video games. It is thus in line with the recent decision of
the European Court of Justice (ECJ ) in the case against Nintendo PC box .
Nintendo is taking this legal action not
only in their own interests , but also in the more than 1,400 video game
development companies that depend on legitimate trade with their products.
Dr. Bernd Fakesch , general manager of
Nintendo Germany
, said: " We are pleased with the verdict because it confirmed that
devices to circumvent the protection measures are illegal. Their use can have a
negative side effect also : Users can lose the manufacturer's warranty that
applies to mobile and TV -bound consoles from Nintendo . "
Background information
1 Circumvention devices are products such
as copying modules , defeat the safeguards of Nintendo. They allow you to play
unauthorized games files (called ROMs) that have been previously downloaded
from the Internet or copied from your original disks .
2 The recent judgment of the ECJ to
circumvention devices pertained to the case C-355/12 , Nintendo vs PC Box on 23
January 2014.
3 The OLG has the right to appeal from the
judgment in part permitted. This is not uncommon in complex legal cases.
Nintendo is confident that any appeal will confirm the case-law standardized
German and European dishes.
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