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
slapshot101Posted:
I really would have to agree with these judges decisions. I mean it is true that homebrew doesn't anything but allow you to run unsigned code, but it is up to you or others to write and distribute that ode that leads in piracy. It always seems like Nintendo is dealing with these court proceedings, which is very strange.
Jayden-Posted:
RGHSignedK16 The wii really needs to understand that the generation that loved them before is much more technologically demanding.
Its because they are stuck on the whole "Family based game style." If they made a console on par with Xbox One and PS4 and released the games they have on that type of console... Man, they would make loads.
Agree with this. They need to stop and realise they have the ability to create excellent consoles, but it's just the concept they are getting wrong.
KatsumiPosted:
Calyx The hombres channel is really unnecessary on the Wii.
It's pretty much needed to run homebrews on the Wii though, i don't find it unnecessary at all
IntPosted:
SanctorumI have to disagree they would make much more profit and gaina bigger fanbase if they did smartphone games.RGHSignedK16 The wii really needs to understand that the generation that loved them before is much more technologically demanding.
Its because they are stuck on the whole "Family based game style." If they made a console on par with Xbox One and PS4 and released the games they have on that type of console... Man, they would make loads.
Nintendo really need to do this. We need a modern SNES or N64 console in our lives.
21Posted:
RGHSignedK16 The wii really needs to understand that the generation that loved them before is much more technologically demanding.
Its because they are stuck on the whole "Family based game style." If they made a console on par with Xbox One and PS4 and released the games they have on that type of console... Man, they would make loads.
Nintendo really need to do this. We need a modern SNES or N64 console in our lives.
RGHSignedPosted:
K16 The wii really needs to understand that the generation that loved them before is much more technologically demanding.
Its because they are stuck on the whole "Family based game style." If they made a console on par with Xbox One and PS4 and released the games they have on that type of console... Man, they would make loads.
K16Posted:
The wii really needs to understand that the generation that loved them before is much more technologically demanding.
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