Last week we reported that a French court had ruled against Nintendo in its case against the Divineo group, a seller of DS flash carts which allow for homebrew, and the playback of music, movies and pirated games.
Nintendo says they are "extremely disappointed" with the decision and plan to appeal very soon.
"The Divineo France company had already been prohibited by a Hong Kong court to manufacture, market or export products intended to circumvent Nintendo’s technical prevention measures," said Nintendo. "In 2008, the Hong Kong court handed down two judgments ordering Max Louarn and Divineo France to pay Nintendo EUR 44,605,082 damages. Nintendo is yet to receive these damages and is seeking enforcement of the judgments through the court at Avignon. Nintendo maintains that infringement of its intellectual property rights, on its trademarks, software, its technical prevention measures and its videogames is causing damage to the whole videogame industry, preventing developers from gaining the full benefit of their hard work and creativity, but also to the customers who expect the highest standards and integrity from products bearing the Nintendo name."
At the time of the decision, the French court said that Nintendo is "purposely locking out developers" and they should allow anyone to develop applications, especially those that increase the usability of the handheld like flash carts do.
"The Divineo France company had already been prohibited by a Hong Kong court to manufacture, market or export products intended to circumvent Nintendo’s technical prevention measures," said Nintendo. "In 2008, the Hong Kong court handed down two judgments ordering Max Louarn and Divineo France to pay Nintendo EUR 44,605,082 damages. Nintendo is yet to receive these damages and is seeking enforcement of the judgments through the court at Avignon. Nintendo maintains that infringement of its intellectual property rights, on its trademarks, software, its technical prevention measures and its videogames is causing damage to the whole videogame industry, preventing developers from gaining the full benefit of their hard work and creativity, but also to the customers who expect the highest standards and integrity from products bearing the Nintendo name."
At the time of the decision, the French court said that Nintendo is "purposely locking out developers" and they should allow anyone to develop applications, especially those that increase the usability of the handheld like flash carts do.
