Gadgets
Nintendo Wins Big In Legal Case Against ‘Circumvention Devices’
It’s a win today financially for Nintendo, as a recent verdict in Canadian court awarded Nintendo $12.5 million against Jeramie King and his business Go Cyber Shopping Ltd. While that amount is likely pocket change for such a gigantic company, what’s more important is the precedent it sets for future cases when it comes to Copyright law.
The win confirms that the distribution of “flashkits”, “modchips”, and “game copiers” are copyright circumvention and therefore illegal. Through both a website and a physical storefront, King was a large distributor of game copiers and mod chips, devices that allow users to circumvent Nintendo’s copyright and play illegal copies of games.
King bragged openly about his activities on social media, and after this case will be forced to issue an apology on his website to damage he caused Nintendo and its partners. It’s a heavy blow to both King and fellow pirates, and will make it easier for companies to prosecute those who willingly circumvent copyright in the future.
There’s a fiery debate in internet circles on the ethics of piracy. Many proponents of the practice cite anti-consumer practices and lack of availability as a justification for obtaining or distributing copies of games illegally, while opponents of piracy view it as simple theft no matter the circumstance.
“Nintendo continues to be a leader in bringing innovative gaming platforms and software to our fans and millions of gamers across the globe,” said Devon Pritchard, Nintendo of America’s General Counsel and Senior Vice President of Business Affairs. “Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises. We will continue to protect the creative works of our developers and vigorously enforce our intellectual property rights against those that attempt to steal or misuse them.
Despite Microsoft’s acquisition of Bethesda, The Elder Scrolls 6 was not confirmed as an Xbox exclusive a few months ago. This happened because Xbox executive Phil Spencer indicated that target platforms hadn’t been selected yet, but it always felt like he was talking about the game being years away rather than the RPG being on PlayStation.
If you’re still holding out, Microsoft plans to release The Elder Scrolls 6 just on Xbox and PC. Documents from the company’s FTC lawsuit were recently released. In the document, Bethesda’s announced titles (both as a publisher and developer) are listed, and The Elder Scrolls 6 is listed for Xbox, PC, and nothing else.
We expected this, but The Elder Scrolls 6 was announced before Microsoft acquired its developer. The Elder Scrolls is a beloved franchise that’s been on various platforms for generations, so this isn’t Starfield.
However, the game isn’t due until 2026 at the earliest, according to the paper, and who knows what the gaming landscape will be like then.
Xbox CEO Phil Spencer’s mid-2020 dystopian email suggests the business was interested in buying Warner Bros Interactive and Bethesda. Even more alarming, the CEO calls buying Nintendo a “career moment” and “good for both companies” — and there are even rumors that Microsoft was interested in Valve.
While Spencer warns that acquiring Nintendo would be “hostile action” but “playing the long game”, the unprecedented corporate convergence is shockingly casual. He added: “Nintendo is taking a long time to realize their future is off their hardware. A long time… He even ended the chat with a smiling emoji to make it look more evil.
Spencer claims that Warner Bros Interactive was “gettable” when Microsoft was rumored to acquire it. He adds that “we wouldn’t own any of the IP which hurts long-term flexibility”. Because most Warner Bros Interactive developers work on franchises like Batman, Harry Potter, and others, the studios are worth little without the brands.
The email is over three years old, but it reveals Microsoft’s blasé approach to acquisitions and its goals. While its eventual acquisition of Activision Blizzard may have changed its plans, this leaked exchange suggests that Microsoft will not stop until it has absorbed as much of the industry as possible, even targeting Nintendo.
Jedi: Fallen Order and Jedi: Survivor director Stig Asmussen is leaving Respawn Entertainment for unknown reasons. Asmussen had planned a trilogy for Cal Kestis, but it appears another author will need to write it.
Bloomberg reports that an EA spokesperson said: “Stig Asmussen has left Respawn to pursue other adventures, and we wish him the best. Veteran Respawn leaders will lead Star Wars Jedi: Survivor.”
This move is surprising, but Asmussen leaves on a high note. Jedi: Survivor is a great game despite its performance issues, which is rare for a Star Wars game. We’ll see where Asmussen goes, but we’re excited.
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