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NOA to Sue for Flash Advance Linkers
SamMichaels writes: "I just received a letter from Nintendo of America claiming that Flash Advance Linkers violate the DMCA...I'm to cease sale in my store, and surrender all remaining units to Nintendo. The letter is posted on the front page of Zophar's Domain. Any pro bono lawyers out there?"
with all the problems and everything we have with this, why doesnt someone change this law???
i have already contacted my senators and house members, what else can one do???
From: Nintendo of America, To: ZD
a cc
18:02: Read this:
Dear Sam Michaels:
Nintendo of America Inc. (NOA) is providing this letter of notification pursuant to the Digital Millennium Copyright Act, USC 17 1201(b) (DMCA) and the US Customs ruling dated December 20, 2001, regarding the import, distribution and sale of the Flash Advance Linker. US Customs confirmed the Flash Advance Linker violates the DMCA and is subject to confiscation.
This notice is addressed to the agent designated by Zophar's Domain to receive notifications of claimed infringements, as reflected in the current records of the U.S. Copyright Office.
NOA has a good faith belief that the internet site found at www.zophar.net infringes Nintendo's intellectual property rights by distributing illegal imports of the Flash Advance Linker in violation of section 1201(b) of the DMCA and subject to seizure under 19 USC 1595a(c)(2)(c) by US Customs.
The e-commerce page offering the Flash Advance Linker for sale was found on your site at:
http://www.zophar.net/store/items.phtml?gba-
Nintendo demands that you immediately cease the importation, distribution and sale of the Flash Advance Linker and turn over your remaining stock to Nintendo.
The Flash Advance Linker appearing on Zophar.net has been identified by its title, description [and/or] depictions of associated artwork. Based on the information at its disposal on February 19, 2002, NOA believes that the statements in this notice are accurate and correctly describe the infringing nature and status of the infringing material.
Should you have any questions, please contact Nintendo of America Inc. at the following address, telephone and fax numbers, and/or e-mail address:
Nintendo of America Inc.
Attn: Anti-Piracy Group
4820 150th Ave. NE
Redmond, WA 98052
Telephone: 425-861-2187
Fax: 425-882-3585
E-mail: Noalegal@noa.nintendo.com
We look forward to working with you to immediately resolve this matter.
Sincerely,
NINTENDO OF AMERICA INC.
It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
Stuff like this pisses me off. I have used like devices to carry all my legitimate games, which I have purchaed, on a single card. It is just damn convient, rather then carry 5-10 little cartriges around. I would have no problem if NOA sued the people pirating games, but suing over a Flash cart? Jesus is it really that much of a freaking trade secret? Carts are not new or secret tech. Just more use of the DMCA to boost sales.
Nintendo is going after this technology because
1) it may violate their copyrights on the software, not only the game itself, but the GameBoy's
2) Legally, they're obligated to fight these items or they may lose exclusivity that copyrights grant (this is why the lawyers for "Band-Aid" and "Kleenex" pursue misuse of the name, else it becomes a generic name
3) It's possible that Nintendo has plans to do this themselves, and merely threatening a suit would gain them the technology by barely lifting a finger.
Besides, its a dog-eat-Mario world out there, and Sony and Microsoft are chomping.
..
Vos teneo officium eram periculosus ut vos recipero is.
Nastygram to Nintendo complete. Feel better now.
Steve Magruder, Metro Foodist
I believe that in addition to making backups, flash cartridges are used by amateur developers to test programs on the gba.