industry news
Is Nintendo's Legal Suit Helping R4 Sales?
Posted by Brian Ashcraft at 4:00 PM on July 30, 2008
Yesterday, we broke the news that Nintendo and 54 software companies were filing an injection to halt the importation, sales and marketing of R4-type carts in Japan. How has this legal suit affected R4 sales in places like Tokyo's Akihabra? Says one store staffer:
The rush in demand has been amazing. These devices always sell well. But this weekend should be staggering, don't you think?
According to Amazon Japan, there's been a slight increase in sales as well. So far, this lawsuit seems to be helping more than hurting. Click through the gallery for a look at Akihabara retailers selling R4s.
秋葉原「マジコン」バカ売れ [Akiba Blog]








Comments (AU Comments · US Comments)
Andrew McGregor
Posted July 31, 2008 7:38 AM
well once Nintendo and the other companies smash this, there will be another company sooner or later, end of the day only way to stop it, is to stop using carts that can be copied.
karlo345
Posted 4:21 PM 30/7/08
The mentality of millions of DS gamers:
Better pick mine up fast before theyre gone forever!!
karlo345
Channing
Posted 4:21 PM 30/7/08
@Pezdispenser:
Not just any kind of candy bar, an unreasonable candy bar. =|
Oh well. I just hope people still support companies by buying the game. I know, I know, who would do that, right? I think maybe it'd be kocher to buy the game then use an R4 and the ROM just so you don't have to keep switching carts.
Channing
karlo345
Posted 4:20 PM 30/7/08
The mentality of DS gamers:
Better pick mine up fast before they go forver!!!
karlo345
SupaPhly
Posted 4:19 PM 30/7/08
@SupaPhly: *for the R4 problem :P
SupaPhly
nago
Posted 4:18 PM 30/7/08
Well, the R4 prices AREN'T going to go up if nintendo wins the lawsuit, simply due to the large number of competitor products that are technically superior to the R4 and, at this point in time, the same price if not cheaper already.
A step forward for Nintendo, then two steps back.
This will only succeed in getting the word out to more people about these piracy devices.
C'est la vie!
nago
goldwings
Posted 4:17 PM 30/7/08
I have a TTDS (R4 copy) and use it for Japanese games I can't get - also for some other stuff >_>
@Pezdispenser: A high class gum ball is what you're after I see.
goldwings
SupaPhly
Posted 4:16 PM 30/7/08
It kinda reminds me of schools teaching children about the dangers of drugs, meanwhile they are also telling them about it (then they get the idea, etc)
I think it's also news blogs/websites are also to blame
SupaPhly
Keanu
Posted 4:14 PM 30/7/08
@mikes_stalker: So true.
Keanu
djlowballer
Posted 4:13 PM 30/7/08
Not gonna lie, I bought my R4 immediately after I heard about the lawsuits in the UK way back when. Even when I do buy games, I put the Rom on my R4. Why carry a box of games around the metro when you can just keep the DS and always be ready.
djlowballer
mikes_stalker
Posted 4:12 PM 30/7/08
Most likely people stocking up so when Nintendo wins the battle, those babies will skyrocket on price!
mikes_stalker
Gouki146
Posted 4:12 PM 30/7/08
I forgot about these devices and now am going to get one! Only $32 w/ free shipping in USA. Thanks for the update Kotaku (and Nintendo)!
Gouki146
Zero1328
Posted 4:11 PM 30/7/08
@Pezdispenser: That's gonna be one tiny candy bar, if it's 25 cents.
Zero1328
Pezdispenser
Posted 4:09 PM 30/7/08
@Channing:
25 more cents and I can get a candy bar.
Pezdispenser
Channing
Posted 4:07 PM 30/7/08
@Pezdispenser:
Unreasonable, you say? Like only 25 cents more? That's unreasonable. (Joking :3)
Well, if Nintendo wins, there will be a huge supply constraint. It only makes sense that people would rationalize buying it now while prices are at their norm than after (if Nintendo wins) when prices are volitile.
Channing
LittleBigPlaneteer
Posted 4:07 PM 30/7/08
@shoeonmyfoot:
Can we please ban this spamming idiot?
LittleBigPlaneteer
DaFox
Posted 4:06 PM 30/7/08
@shoeonmyfoot: Say hello to the banhammer... Damn spammer
DaFox
Pezdispenser
Posted 4:04 PM 30/7/08
@shoeonmyfoot:
Will you quit doing that? Sheesh.
Anyhoo, it only makes sense for this to happen. Heck, I'd buy a few just so I could resell them for an unreasonable profit.
Pezdispenser
DaFox
Posted 4:04 PM 30/7/08
To everyone that called it in the last story, We so called it.
DaFox
shoeonmyfoot
Posted 4:01 PM 30/7/08
calling all gamers... mariomarathon.com
shoeonmyfoot
.endejas.
Posted 4:42 PM 30/7/08
The current lawsuit brought them to my attention once again, and it looks like I'm prolly going to buy one.
Better to be safe than sorry.
.endejas.
pinoyunggoy
Posted 4:42 PM 30/7/08
this can be viewed in a whole different direction though, in that these R4 carts actually HELP ds hardware sales. a bunchh of my friends didn't buy a ds until they heard of the m3 simply, and i never would have bought a ds if i didn't hear of the m3 simply either. so maybe software companies lose out, but in a sense, nintendo still wins.
sorta.
pinoyunggoy
Fadakar
Posted 4:40 PM 30/7/08
@TheIrishNinja: M3 Real is better for instance, if I remember correctly not only does it have 100% compatibility but it allows games like Pokémon Diamond/Pearl to link up with corresponding Wii games like Battle Revolution.
Fadakar
TOCATL
Posted 4:38 PM 30/7/08
@Keanu: Agreed, each time news about these thing pop up more people now about these things, its only worse cause they are very undeground stuff...
TOCATL
Keanu
Posted 4:34 PM 30/7/08
@Baka_Survivor: Not really, like people have been saying, when Nintendo started to talk about it and bringing it up on many news sites, it only brings these Slot-1 devices to the light of many people. (even though it is a R4 which is a pretty old device now)
Keanu
Baka_Survivor
Posted 4:30 PM 30/7/08
I'm ashamed to say this, but I've never heard of this gadget before I read that lawsuit news. Now I HAVE to get one.
BTW, doesn't this device totally debunked that "PSP software is not selling well because of homebrew/mods"
Baka_Survivor
Keanu
Posted 4:30 PM 30/7/08
@emotaku: Akiba! As for online... you're not going to get many answers here.
Keanu
TheIrishNinja
Posted 4:30 PM 30/7/08
@nago: which ones're technically superior to the r4, and how?
TheIrishNinja
Fadakar
Posted 4:30 PM 30/7/08
@emotaku: www.DealExtreme.com
Shipping takes 2 weeks, but it is free, and you can't really expect shipping any faster unless you buy it off Amazon.
Fadakar
emotaku
Posted 4:26 PM 30/7/08
Don't know if Kotaku is the place but I don't suppose anyone knows some trustworthy online suppliers for these puppies?
emotaku
denki
Posted 5:03 PM 30/7/08
@TheIrishNinja: EZ flash V offers better delevoper support, but you have to manually update the memory data for new games else you can't save, and no GBA support without a slot 2 jumper. NOTE TO EVERYONE: DON'T BUY EZ FLASH V.
denki
everybest
Posted 5:01 PM 30/7/08
@.endejas.: I'm thinkin about it too. I lost my R4 a while ago. M3 is better?
everybest
shrek187
Posted 5:01 PM 30/7/08
Hmmmm.... I wonder
eBay/Online store price right now: Reasonable
eBay/Online Store price after Nintendo wins lawsuit: Holy SH*** @_@
I will be like another Marvel vs. Capcom 2
shrek187
KaliKOtt
Posted 5:00 PM 30/7/08
I would say that the news exposure certainly helps fuel sales of this stuff.
Much like in the way that piratebay is having downtime right now since the spike of "too many users" after the raid last year
KaliKOtt
TheIrishNinja
Posted 4:57 PM 30/7/08
@nago: damn, i think you sold me. savestates sound good, soft resets cant hurt, and i didnt even know mine lacked wii connectivity, was counting on that for ghostbusters.
TheIrishNinja
silentbob343
Posted 4:56 PM 30/7/08
hot beef injection or is that injunction?
silentbob343
Aflack: Likes slushies
Posted 4:55 PM 30/7/08
Well when you ran the story yesterday the first thing to enter my mind was "I need to get one before they are gone".
I didn't but I at least thougth about it.
Aflack: Likes slushies
DeLoRtEd1
Posted 4:55 PM 30/7/08
Man, new carts have save states these days? I can see people using save states on SNEmulDS, but DS games?
To be honest, I don't get my double standard either. :S!
DeLoRtEd1
Bardiel18
Posted 4:54 PM 30/7/08
"Nintendo and 54 software companies were filing an injection to halt the importation..."
LOL
You mean "injunction"...?
Bardiel18
Georgiee
Posted 4:53 PM 30/7/08
CycloDS > R4 ;)
Georgiee
Keanu
Posted 4:52 PM 30/7/08
@Channing: True, but you still can't leave out what I've said about it. Since they are taking it to court this only adds to the rise like you've said. Still, many reasons that people bought recently. (but yeah I do kinda go with the whole lawsuit thing)
Keanu
nago
Posted 4:51 PM 30/7/08
@TheIrishNinja: For the enthusiast? Savestates are a big selling point, and wii connectivity, as well as the ability to sponsor download play. Another big selling point of a few other carts are in-game menus for cheats, adjusting screen brightness, and soft-reset back to the multi-game menu.
It's the choice between the Honda Civic and the Mercedes, basically. Nothing wrong with the R4 but it's "dated". Nintendo is just gonna push the fancier carts which will probably hurt their sales more than the R4 could alone...
nago
Fadakar
Posted 4:49 PM 30/7/08
@Keanu: I know which you're talking about, and it's essentially the same hardware. Just like the M3 Simply is the same hardware as the R4. M3 buys usage of hardware from bigger companies so they do no work and still get paid. They try to innovate(removable storage) but they hardly do much.
Fadakar
Channing
Posted 4:48 PM 30/7/08
@pinoyunggoy:
It's good for Nintendo (maybe. They still have to be concerned about thier first party games) but they also have to back the software developers. If Nintendo said "No, no, their buying our poo-poo so you guys are poop-out-of-luck" to the developers, that would not be so good.
Channing
TheIrishNinja
Posted 4:48 PM 30/7/08
@Fadakar: ah, that is a cool feature.
@nago: ill check your link, but what extra features do you think're worth it?
TheIrishNinja
Channing
Posted 4:46 PM 30/7/08
@Keanu:
@TOCATL:
Underground where? Japan where they have signs advertising it? If you're talking about here, this is a gaming dedicated blog where gamers often catch wind of this kind of stuff anyway. (For the most part, not counting Baka_Survivor, obviously)
I'm saying the shift in sales is not based in tons of people now knowing about it, I'm saying that it's based in people thinking that Nintendo might win it's lawsuit and there will be no more R4s.
Take the GC controller. Those (probably, I have no hard numbers) started moving faster since there's a chance it'll be leaving the market. Not that people "just found out" about GC controllers and classic controllers.
@Baka_Survivor:
I'm not sure how those two things are related. If someone is DLing all their games, it does impact software sales. Of course, if they're only running homebrew/mods, then they obviously weren't going to pick up software in the first place and just wanted to tinker with the PSP.
Channing
Keanu
Posted 4:45 PM 30/7/08
@Fadakar: I've been told the opposite of the M3 Real. I've read that another device (which I won't mention its name, is more expencive and has no removable storage) is one of only two devices that can have DS>Wii play.
Keanu
nago
Posted 4:45 PM 30/7/08
@TheIrishNinja: Take your pick: [gbatemp.net]
Some are more pricey, but others are just a few dollars ahead of the R4 with many more features.
The R4 has been almost abandoned by enthusiasts of flash cart hardware, in favor of cheaper (by comparison of features to cashmoney ratio) and more feature rich, robust carts.
It's a battle that is a day late, and nintendo will come up a dollar short. the buyers will just buy alternate brands, since there are many.
nago
MattB
Posted 4:45 PM 30/7/08
I don't think it's too surprising they've had a sales spike. All those people who planned to buy one someday are probably now getting in quick in case Nintendo wins the lawsuit. It does suggest though that they aren't really aware of the alternative cartridges.
MattB
TheIrishNinja
Posted 5:14 PM 30/7/08
@nago: yes, exactly. we were uh, speaking in hypothetical s here, sir.
TheIrishNinja
TheIrishNinja
Posted 5:13 PM 30/7/08
@denki: aw man, coulda used your help few months back. it was a bitch getting those GBA games to save and not corrupt, but yeah, its sorted now. heh.
TheIrishNinja
nago
Posted 5:13 PM 30/7/08
@TheIrishNinja: *ahem* well I wasn't trying to sell you anything, I was just trying to inform the folks here that nintendo was basically fighting a battle against an inferior product, so ultimately even if what they were doing wasn't futile for reasons of publicity for "the enemy", it is futile simply because there are better and more other products out there.
So it's a waste of time and money on Nintendo's part.
But hey if you wanted to go out and fuel the fire yourself, I guess no one is stopping you. Surely no one can deny the agonizing convenience of having all your backups with you inside one meager cartridge...
nago
Channing
Posted 5:09 PM 30/7/08
@shrek187:
As much as I am "on Nintendo's side," I don't think they will win. After a bunch of thought, I think maybe they're doing this just for solidarity's sake. More than anything, this is just Nintendo saying "Hey, we're not cool with you guys pirating stuff."
If Nintendo didn't do anything people might think that Nintendo has no qualms with it. However, if Nintendo tries to take a stand (as mis-aimed and weak as it may be) then it at least shows their stance on the issue.
Channing
paulmcg
Posted 5:38 PM 30/7/08
Seems a strange time to do it, given how long these things (and the DS) have been out. It seems like shutting the door after the horse has bolted.
Could there be a longer game in play here? Perhaps setting a precedent that will be used to protect the next DS2 from the outset. Perhaps determining which "legitimate use" defences are used in this case and making the DS2 in such a way that those use cases are irrelevant?
paulmcg
Synthemesc
Posted 5:37 PM 30/7/08
The best free advertising they could ever get. Nintendo and friends might win, and it would be a good thing if they do, but those R4 guys will have made a tidy sum before it's all over.
Synthemesc
mr_dimsum
Posted 5:28 PM 30/7/08
What I don't understand is why Nintendo is bothering with the R4 anyway. Sales have been slouching, manufacturing has been iffy, with even rumors a few months back of R4 team's demise.
If Nintendo wants to put out a real message, they should be looking for the other players in the flash cart market - which is cheaper, better, and updated more often.
Surely R4 is arguably the most popular card out there, but I'm not sure what fueled it - Nintendo or consumer demand? I'd reckon demand came first, but Nintendo definitely accelerated a lot of it themselves by getting the news of it in the prime time - what once was a niche, may not be so much more anymore. Considering these devices don't have the hassle involved with mod-chips, it doesn't take a genius to start using one of these things.
mr_dimsum
Keanu
Posted 5:24 PM 30/7/08
Thank you Kotaku for making me sell my Simply right now...
and getting a M3 Real.
Keanu
SupaPhly
Posted 5:22 PM 30/7/08
[www.castle-vidcons.com]
lol
SupaPhly
TheIrishNinja
Posted 5:21 PM 30/7/08
@nago: pleasure doing not business.
TheIrishNinja
nago
Posted 5:18 PM 30/7/08
@TheIrishNinja: Ohhh... I getcha. Here's a briefcase of not money in exchange for not illicit goods.
nago
Foxstar Sixtail
Posted 6:07 PM 30/7/08
I'm sure it is. I'm also sure Nintendo will take a harder stance against devices like the R4 in the next console.
Foxstar Sixtail
nago
Posted 6:27 PM 30/7/08
Not shut down, just poorly configured:
[www.r4ds.cn]
Still alive and well. Maybe they shut off the front pages until the heat dies down?
nago
MattB
Posted 6:25 PM 30/7/08
@Foxstar Sixtail: I'm sure they will too. I just hope they don't confuse the issue with stronger region protection. Half my DS game library is imports.
MattB
djlowballer
Posted 6:14 PM 30/7/08
Has the R4 been shutdown? their website is no longer valid
djlowballer
MattB
Posted 6:58 PM 30/7/08
@Foxstar Sixtail: Yeah, I've owned many of their previous handhelds all the way back to the original brick-sized Gameboy and happily run games from all over the world on them. The recent Wii firmware update that broke the Freeloader though has me concerned. I'm not firmware updating my one any more because I wouldn't be able to play the import games I've legally purchased.
MattB
Foxstar Sixtail
Posted 6:52 PM 30/7/08
@MattB:Nintendo's never put in region protection for any of it's handhelds, would be very odd for them to start now.
Foxstar Sixtail
Bokusatsu_Tenshi
Posted 7:27 PM 30/7/08
Kudos for Nintendo once again, for officialy not supporting the device, but bringing the subject once again to the news.
Free publicity for the DS.
People who have a DS and don't have a R4 will have a reason to get the dust of their DSs.
And people who don't have DSs and didn't know about R4 will now have one more reason to buy it.
And if they win the Lawsuit, not only they will scrape some money of it, but also won't kill the carts since there are tons of them around, with even better quality.
But we all heard stuff like that before, right Sony?
Bokusatsu_Tenshi
ThursdayNext
Posted 7:22 PM 30/7/08
It's a pity Nintendo don't do regular software updates like Sony does for its systems and Nintendo does for the Wii. As one of the few gamers that has never pirated a game "to test it" or whatever it would have no impact on my ability to fully enjoy the system if Nin were able to close the loop on these carts at the hardware level. The people who bought a DS so that they can home brew and what have you, well, I'm sure that they could use pda's for that sort of thing if that's their bag, not that I know much about homebrew, I assume it works on platforms other than DS and PSP...if not...flame away!
ThursdayNext
MattB
Posted 7:45 PM 30/7/08
@ThursdayNext: Preventing hacks at the hardware level isn't especially easy. It has to be something people can't easily just bypass with a soldering iron and a small micro-controller or FPGA chip (i.e. modchips).
People certainly could write homebrew on PDAs, but the PDAs of today aren't really ideal for people writing games or emulators since they lack decent controllers and graphics hardware. There are always open handhelds like the GP2X or upcoming Pandora though.
@Bokusatsu_Tenshi: That's an interesting theory you have there.
MattB
Frank
Posted 7:35 PM 30/7/08
@Bokusatsu_Tenshi: 'Cept with Sony you can do all that for free if you just follow the instructions...
Frank
JudgeNutmeg
Posted 8:46 PM 30/7/08
I'm going to buy an R4, and I don't even own a DS!
JudgeNutmeg
PapaBear434
Posted 8:43 PM 30/7/08
I had never even heard of this until the lawsuit. So, yes, I suppose it IS helping sales in at least one aspect.
PapaBear434
Passa
Posted 9:55 PM 30/7/08
Gotta laugh how it is all focused on the R4 (one of the shittiest DS flashcards anyway). So they ban the R4, it gets replaced in popularity with one of the hundreds of other flashcards doing the rounds.. Acekard 2, Cyclo DS Evolution, TopToyDS, N5..
Good luck Ninty. When will companies learn you can't fix piracy with a few lawsuits - they should be manually breaking compatibility with these carts through new DS firmware on newer models.
Passa
Phibius
Posted 9:51 PM 30/7/08
medias are wonderful to make sure everyone hears about something. (Captain obvious right there) When it comes to something that was -underground-, well those are the consequences. Dumby nintendo just made the sales explode because most of the people know they can't wait anymore, and others just learned its existence. Time to grow up nintendo, more cool games, less money making crap.
Phibius
kentuckyfriedAgaIN
Posted 5:40 PM 30/7/08
The R4 is the best marketed Flash cart of the bunch, and people ask for it by name at the place that I work even though they don't really know what it does/what it is.
Nintendo needs to hit the manufacturers and the wholesalers, it's funny though, I see many business's selling flash carts here in canada in plain view and have been for a long time. No legal problems for them from anyone.
I think that there are more fake R4's out there than real ones BTW, they look and act exactly the same. AND are even cheaper.
kentuckyfriedAgaIN
Kurow
Posted 11:17 PM 30/7/08
LOL! they are just selling more and more... nice move Nintendo xD... they should just ignore the piracy and let them be there will always be people that buy originals because they have money and they can buy originals.
Kurow
CurlyJim
Posted 11:15 PM 30/7/08
@Phibius: Interesting. Most people would draw a relationship between making money and growing up, not vice versa.
CurlyJim
Blebleman
Posted 11:09 PM 30/7/08
Hahahaha! I went to that store in the first pic! I remember the signs :)
Blebleman
Ptolemy
Posted 11:05 PM 30/7/08
Its funny, the Nintendo anti-piracy site is kind of like an ad for the thing. People go there and they're like, "Wait, I can do WHAT with my DS? That sounds awesome." Like they say, no such thing as bad publicity. They shoulda just let piracy hide in its corner of the internet and written it off. I realize this statement is a little obtuse, because the software makers are the ones who being hurt badly by these things and I don't want piracy to stifle game development.
Off topic, but not totally: any numbers increase in controller sales since this darned Anascape thing?
Ptolemy
MrLister
Posted 10:55 PM 30/7/08
The IRONY! Mmmmm, you can taste it in the air!
(It tastes like blood... Oh wait, i have a cut in my mouth.)
MrLister
dyer
Posted 11:55 PM 30/7/08
When i got one for myself they were real easy to find a couple months later i bought one for a freind for christmass just after nintendo first tarted whinnning about them and they were sold out everyware...
dyer
festivus802
Posted 12:23 AM 31/7/08
I'm not sure about the Japanese market, but in the United States, why doesn't Nintendo offer their DS games for download at a cheaper cost and allow us to load them onto an R4-type card?
festivus802
angry_gamer
Posted 1:09 AM 31/7/08
All the cart sites are down. Nintendo was pretty thorough. Word on the street is that there is no more manufacturing of carts for awhile if not permanently.
angry_gamer
Koztah
Posted 3:03 AM 31/7/08
@P-Flute:
Then you're meeting the wrong class of people.
Colors on its own is worth the price of a flashcart.
[www.collectingsmiles.com]
Koztah
P-Flute
Posted 2:52 AM 31/7/08
Always felt kind of bitter about things. Because I love the idea of having emulators and homebrew and MP3 playback and all sorts of nifty things on my DS.
But every time I meet someone with one of these flashcards, they've just got 40 DS games they just downloaded without buying the game.
P-Flute
JP05
Posted 2:50 AM 31/7/08
Shops in Japan, judging from pictures, remind me of flea markets here. With all their signs and bins...
JP05
Jonn
Posted 3:40 AM 31/7/08
@Kurow: Okay. Someone is going to break into your house and steal your 42" Plasma HDTV. It's all right because someone, somewhere, is buying one, right? Right?
Jonn
SonnyBoy
Posted 5:46 AM 31/7/08
I just bought one of these bad boys they're freaking awesome: FREE GAMES!
SonnyBoy
Akaraxle
Posted 6:20 AM 31/7/08
Hey, I recognize the shop selling the R4 pack in that first image :D I was in Tokyo just a couple weeks ago.
Akaraxle
zyph
Posted 8:54 AM 31/7/08
Yeah, I had to search harder than usual to find one on Amazon the night you guys broke the news.
zyph
LeLoi
Posted 2:25 PM 31/7/08
I would never use R4 for my DS; all my friends have it but I prefer to buy my games to support the game companies.
LeLoi