Nintendo strikes again.
Nintendo is pleased to announce the sentence issued by the Court of Vibo Valentia against an individual who bought and sold circumvention devices for the Nintendo DS and Nintendo 3DS systems through the website www.lupinvvshop.com (now closed). These devices were designed to violate the security measures implemented by Nintendo to protect itself from pirated video games.
Specifically, this sentence, still open to challenge, sentenced the accused to 6 months’ imprisonment, 10,000 euros for damages, an amount subject to a significant increase in the context of a civil lawsuit, a pecuniary sanction and various prohibitions on the exercise of commercial activities. The sentence is in line with similar decisions in both criminal and civil matters, from the first instance up to the Court of Cassation.
In the decision, the judge stated that the main use of the R4 and Gateway cards was to circumvent the protection measures put in place to protect piracy. Even where secondary uses of the cards may exist, the judge acknowledged that “those who buy a video game console, precisely for the characterization that is its own, do so, exclusively or absolutely prevalently, to carry out this form of entertainment and not for all other abstractly possible activities“.
Nintendo will continue to take legal action against those who deal with circumvention devices or offer circumvention services to protect all those who create and publish video games for Nintendo platforms.
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