Nintendo announced that he had won the case against an individual accused of buying and selling R4 card and Gateway for consoles Nintendo DS and 3DS through the website www.lupinvvshop.com (currently closed). The court of Vibo Valentia sentenced him to 6 months’ imprisonment, a € 10,000 fine and various prohibitions on the exercise of commercial activities. The sentence is still open to appeal, but in line with similar decisions in both criminal and civil matters, from the first instance up to the Court of Cassation.
In fact, the court recognized the use of the R4 and Gateway cards essentially aimed at piracy, although they can also be used in other ways (for example to run homebrews). The judge then ruled 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 of its own claimed that 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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