Nintendo Australia Continues Piracy Crackdown

Nintendo Australia Continues Piracy Crackdown

Nintendo’s Australian crusade against videogame piracy in all its forms continued this week as Australian Customs for the first time seized “game copiers and other counterfeit products” being imported into the country.

A Nintendo spokesperson told Kotaku that the “bulk of the seizure was R4 cards” with the remainder comprised of counterfeit Wii remotes, counterfeit Wii nunchuks and pirated Wii games.

Nintendo claimed that “If this product had made it through, it would have resulted in approx. a $1.5 million sales loss to Nintendo.”

The seizure comes just weeks after a seller of R4 cards was ordered to pay Nintendo over $AU500,000 in fines and another Australian man settled with Nintendo for $AU1.5m after being taken to court over the release of New Super Mario Bros. Wii onto the internet.


    • if we do succeed from the common wealth i suggest that the union jack be replaced with the jolly roger just for the awsomeness

  • I thought that stuff like R4 cards were legal in Australia? Or is it just modchips? I mean, there’s perfectly legitimate uses for flash cards. I use mine to travel with my DS with all my games and not have to have a ton of annoying, tiny and very easily lost cartridges.

    • Modchips were ruled to be legal in 2005. The High Court decided that they were not responsible for the copyright infringement, as it had already taken place by the time the mod chip acts on a copied game. I guess the analogy there placing the blame on DVD player of copyright infringement for playing pirated discs.

      While you can say this aspect of the ruling applies to R4 and other flash carts, the court also found that due to games/console region locking and differential pricing between countries, unacceptable restrictions are placed on owners. In effect, modchips can restore true competition to the marketplace by allowing consumers to purchase games/products from any marketplace they wish. As the DS is region-free, this makes the legal argument for flash carts much murkier territory.

      • If I read it correctly the reason the R4 was ruled not like a mod chip it’s because you can download and copy the pirated games directly onto the flash card from your computer, therefor it IS responsible for the copyright infringement.

        I think, could be wrong.

  • Why is it that customs is only helping Nintendo? I understand that they are cracking down but there hasn’t been any news on a Ps3 or Xbox 360 pirating crackdown or games seizures from Aussie customs, did I miss something?

  • Isn’t it odd that a business actually selling something to facilitate piracy is fined one-third less than a (young) individual who facilitates piracy for free?

    Which party do you think would have more money in this instance…?

  • Uhhh… excepting maybe patent infringement, on what grounds is an R4 card illegal? Sure, downloading and playing games on it is copyright infringement, but that’s a personal crime, and not the only purpose for the device?

    For example, I know someone who uses his rom cart to view PDF’s. That’s not illegal at all, is it?

  • I find it hard to feel sorry or take the perspective of any giant who still sells product on our shores at massive hikes to anywhere else.

    Explain that to me Ninty, or Sony, or MS, then maybe Ill take you seriously. Until then, its a bit like throwing stones out of a glass tower.

  • “If this product had made it through, it would have resulted in approx. a $1.5 million sales loss to Nintendo.”

    Absolute bull. There is no proof that this would be the case.

    Also counterfeit remotes and nunchuks?

  • “Nintendo claimed that “If this product had made it through, it would have resulted in approx. a $1.5 million sales loss to Nintendo.””

    This is unacceptable. They can not legitimately claim that all the users buying these would have spent their money on “legal” nintendo products.

    Nintendo’s claim is an insult to anyone with enough brain power to keep themselves breathing.

  • MY acerkard2i is currently in my DS, it has three home brew apps, a bunch of MP3’s, some video files, and a home brew version of Doom.

    Also seriously, counterfit wii remotes and nunchucks? So what are other companies not allowed to make controllers now?

  • I think this whole thing is ridiculous. There’s so many gray area’s and technicalities on both sides it really comes down to who can afford the lawyers to argue the best case. And lets face it that, was always going to be Ninentdo.

    I own one of these devices which does not actually have memory built in a does not connect to my PC in any way, shape or form. One of the majour arguements that seems to come up in the R4 v Mod chip seems to be that you can copy pirated software directly to it. Technically I couldn’t with mine, I’d have to copy it to a mem card the put that in the cart. That seems similar to copying a game onto a DVD then putting it into a modded console.

    Now I know that’s a simplistic way of looking at it but essential Nintendo are doing the same saying it’s not the same as using a modchip cause you can copy it directly to the device

    Please feel free to correct me if I’m wrong but it just seems like it’s little technicalities like that that are allowing Nintendo stop people from selling these devices.

    The whole thing with Super Mario Bros, well that guy was an idiot but I’m not sure the punishment fits the crime

    • I just bought some Acekards from Brisbane modchips at marsden today. They said Nintendo can’t touch them as they are not illegal and would continue to sell them online.

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