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Nintendo Fined $143m for Price-Fixing

kyz writes "The BBC is reporting that the anti-trust branch of the European Commission has fined Nintendo 146 million euros (roughly $143m) for preventing its distributors from selling games as cheaply as they are sold in other European Union countries. For example, "prices of Nintendo products were up to 65% higher in Germany or the Netherlands than in Britain". Now if only the EU could do this with Microsoft, Levi Strauss and the MPAA members..."

214 of 428 comments (clear)

  1. $143 million dollars? by Anonymous Coward · · Score: 5, Funny



    All they have to do is make a Pokemon game, and then paint it 4 different colors.

    1. Re:$143 million dollars? by Directrix1 · · Score: 5, Insightful

      Lets see, they just lost $143 million dollars? So now, is this going to make them drop the prices in the other countries or raise the prices in the countries that were getting the games at good rates. I wonder.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    2. Re:$143 million dollars? by macdaddy357 · · Score: 4, Insightful

      Nintendo will begin a series of pay cuts and layoffs that will save them $143 million this fiscal year. It won't hurt the bosses who violated anti-trust laws one bit. When they fine corporate robber barons, it always gets passed on to the little guy. They need to throw them in prison.

      --
      How ya like dat?
    3. Re:$143 million dollars? by DrXym · · Score: 2
      So now, is this going to make them drop the prices in the other countries or raise the prices in the countries that were getting the games at good rates. I wonder.


      Unfortunately, artificial barriers like this mean no country gets good rates since they are all inflated. Most console games here in Ireland retail around 55-65 which is outrageous and must be partly attributable to regional controls and other tricks the likes of Nintendo / Microsoft / Sony etc. play to restrict supply.


      Just like DVDs, this is a scam designed purely and simply to skim more cash off the consumer.

    4. Re:$143 million dollars? by schon · · Score: 3, Informative

      I normally don't respond to trolls, but I have a few minutes to kill.

      I wasn't aware any of these corporations are non-profit charities.

      Nobody said, or implied, that they were. I have no idea where you got that.

      What's wrong with maximizing profits by adjusting prices in different countries?

      It's called price gouging. Perhaps you've heard of it. It's morally repugnant. There is a difference between making a tidy profit, and gouging the consumer.

    5. Re:$143 million dollars? by Citizen+of+Earth · · Score: 2

      So now, is this going to make them drop the prices in the other countries or raise the prices in the countries that were getting the games at good rates.

      They can do whatever they want. Raising prices doesn't necessary increase profits. The market will respond appropriately.

    6. Re:$143 million dollars? by Chris+Burke · · Score: 2

      Aw man... Shades of "Why is it wrong to be a monopoly?"

      Look, there was nothing wrong with them having different prices in different countries. It was when they colluded with distributors in order to prevent others from selling the games into the higher-priced areas. The price differential created a market opportunity for resellers, which Nintendo illegally squashed. Not so Adam Smith-friendly anymore.

      Hope that explains that.

      --

      The enemies of Democracy are
    7. Re:$143 million dollars? by bmajik · · Score: 2
      It's called price gouging. Perhaps you've heard of it. It's morally repugnant. There is a difference between making a tidy profit, and gouging the consumer.

      Your morals have two interesting properties

      • they're bullshit
      • they're yours

      vote with your dollars. Let the market do its job. If people buy the games at price x, whats the point in charging x ? Why does the EU get a say in how items are priced ?

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    8. Re:$143 million dollars? by timeOday · · Score: 2

      If it were really a free market, then people would just buy the games where they're sold cheaply and sell them where they're sold dearly (arbitrage). That is, IF the market were doing its job...

    9. Re:$143 million dollars? by DunbarTheInept · · Score: 2

      Do you think there would be anything wrong with a company saying, "We'll sell our product to white people at price X, black people at price Y, and Asians at price Z." I doubt you would say that's okay, but if you want to be CONSISTENT, you'd have to, since right now you're saying it's okay for a company to say, "If you're German your price is different than if you're Irish" and you're defending that.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    10. Re:$143 million dollars? by bmajik · · Score: 2

      i think thats perfectly fine. Aren't i allowed to hate asians and blacks ? It's not like im shooting them, harming them, or even being impolite to them. But i have the right, if i want to, to choose to be so ignorant as to disqualify a person based solely on skin color as a candidate for friendship, and acquantance

      Why should i be forced to do business with someone i dont like ?

      Governments that legislate thought do two things

      1) alienate some fraction of the citizenry
      2) dont change anybodies mind about anything

      I think in many places the restrictions placed on business owners are ridiculous. It's _my_ business, i should determine the parameters of how it operates. The market will be my judge. Money will change my mind long before a law will.

      Disclaimer: I hope that by virtue of being able to drive a mouse to the "reply" button, you understand that i myself dont hate any races, but i certainly think i should be able to do so, and i think its ok for others to do so.

      I'm not a racist, (any more so than anyone else, at least) but I'm anti-PC, im anti-big government, and im pro individual choice, both for humans and for businesses.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    11. Re:$143 million dollars? by Citizen+of+Earth · · Score: 2

      Sorry, been a while since I took economics. ... no possible presence of competition among certain brands of games (i.e. Mario, Zelda, Pokeman)

      Even with differentiated products, consumers can still choose substitutes. If the Nintendo system and/or its games are too expensive, you can buy some other system or other form of entertainment. No one is forcing you to play Pokémon.

  2. Do you think upon hearing the verdict.... by nooboob · · Score: 5, Funny

    ....the president of Nintendo flew up into the air and coins exploded from his body?

    1. Re:Do you think upon hearing the verdict.... by artemis67 · · Score: 2, Funny

      Only if King Bowser Koopa was presiding over the court and threw a turtle shell at him...

    2. Re:Do you think upon hearing the verdict.... by FortKnox · · Score: 3, Funny

      actually, I heard that the bricks of the Nintendo Complex in Japan are engineered pretty cleverly.
      If you take one and smack your head into it, a coin pops out of the other end.
      They'll have the cash in no time.

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
  3. Nintendo never changes by pheph · · Score: 5, Informative

    Does anyone else remember getting a check from Nintendo (in the late 80s) for like $5 or $10? Apparently they were price fixing the NES Unit for $99, and were order to pay a fixed amount to every registered NES owner.

    1. Re:Nintendo never changes by Anonvmous+Coward · · Score: 5, Funny

      Is that what happens when you register stuff? If I had known that I wouldn't have made a 'frrpbpb' noise and tossed all those cards away!

    2. Re:Nintendo never changes by punkass · · Score: 5, Informative

      Wow, in the time it took you to probably type that snide comment, I found this. Did you register your NES decks, and did you purchase them between June 1, 1988 and December 31, 1990?

      --
      "Nobody owns the fucking words man." - James Dean
    3. Re:Nintendo never changes by Alzheimers · · Score: 2, Funny

      Actually, it was a COUPON which was for $5 dollars off your next purchase. I remember my parents taking it "To give to Santa Claus."

    4. Re:Nintendo never changes by Vrallis · · Score: 4, Insightful

      You got better than we did. The AG here in Texas just completely blew it when he won our suit against Nintendo. Every Nintendo owner in Texas received a nice shiny new COUPON for $5 off your next PURCHASE of yet another overpriced game.

      This is like telling a murderer that they are free to go, but have to give the police a 5-minute warning before the next time they kill someone.

    5. Re:Nintendo never changes by DavidLeblond · · Score: 2

      Damn, where's my registration card for my gamecube?! I still may have time!

      Dave

    6. Re:Nintendo never changes by schon · · Score: 2

      You got free shit, dont' complain.

      Ahh, no he didn't - perhaps you didn't read his post all the way through (all 3 lines of it.)

      He didn't get 'free' anything, he got a coupon that allows him to get a slightly lower price if he purchases another overpriced product.

      I wouldn't call that "free" (either as in beer or in speech.)

    7. Re:Nintendo never changes by Dimensio · · Score: 2

      I thought that the suit was over Nintendo's exclusivity contract killing off all competition (which allowed them to inflate prices, as they effectively prevented any competition).

    8. Re:Nintendo never changes by Tokerat · · Score: 2

      That's a free $5 cupon. It's better than paying full price.

      I didnt' say it was a great solution, but at least he's not paying that evil full price, is he? Don't make it sound like you didn't get anything out of the deal was my point.

      --
      CAn'T CompreHend SARcaSm?
    9. Re:Nintendo never changes by DunbarTheInept · · Score: 2

      He only got something out of the deal IF he buys another product. If he doesn't, then NO he did not get a damn thing out of the deal.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  4. hmmm who's going to pay the fine. by torboth · · Score: 3, Interesting

    Wouldnt it be great if the money fined went to all the people across europe who had bought all these high priced games!! Though I think thats unlikely to happen as it will no doubt go into the bottomless pit of the EU.

    In the end the end user ends up paying this fine as although prices might come down in europe they will no doubt go up in the UK.

    1. Re:hmmm who's going to pay the fine. by mmol_6453 · · Score: 2

      I believe the term is "punitive damages." e.g. Not actual damages caused to the "victims," but as a punishment.

      If the money was to be returned to the customers, then it would have to be through court, as a civil lawsuit with the customers named as the victim.

      It's a lot harder to prove someone shorted ten dollars as a "victim." It's not sexy until you're working with thousands of dollars.

      As it stands, this was just a direct fine by the EU. No courts involved.

      --
      What's this Submit thingy do?
  5. Good for them by Raul654 · · Score: 5, Insightful

    Disclaimer: I am not one of those people you see protesting around every IMF meetings

    With that said, I swear to god, multinational cooperations have no conscience. Turn on the news, and all you see is the Enrons, Microsofts, and all these other coopertions who do everything they can to screw the consumer and their employees to make an extra penny. Good for the Europeans, bout damn time someone smacked those companies down, even if it is one with good Karma like nintendo.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:Good for them by kingpin2k · · Score: 2, Funny

      Wow. That's quite an impassioned response to overpriced video games.

    2. Re:Good for them by f97tosc · · Score: 5, Interesting

      Disclaimer: I am not one of those people you see protesting around every IMF meetings. With that said, I swear to god, multinational cooperations have no conscience.

      If the protesters around IMF had their way, there would be much more trade barriers between countries, making it much easier for corporations such as Nintendo to set different prices in different regions.

      Good for the Europeans, bout damn time someone smacked those companies down, even if it is one with good Karma like nintendo.

      Hum... so if the market is not very competitive you propose knocking down the companies. I think the opposite - what is needed is more companies. And, this is exactly what has happened in the video game market. With three competing systems it is probably very difficult for Nintendo to rig prices, not because EU bureaucrats tell them not to, but because they would lose their business.

      Tor

    3. Re:Good for them by tswinzig · · Score: 5, Insightful

      Turn on the news

      There's your first problem... you watch the news.

      and all you see is the Enrons, Microsofts, and all these other coopertions who do everything they can to screw the consumer and their employees to make an extra penny.

      Bad news sells.

      Of course you don't hear about the plethora of companies that do good things, act humanely, have scruples, etc... they do exist, and I'd wager they outnumber the enrons of the world.

      Bad news sells.

      --

      "And like that ... he's gone."
    4. Re:Good for them by Raul654 · · Score: 2

      It's not an anti-competitive market in this case, as you point out. The video game market is about as cut-throat as it gets.

      With that said, every one of these scandals where companies are found out to be breaking the law in order to increase the bottom dollar makes me want to start levying incredibly excessive penalties, as a way of "encouraging" the other companies not to even think about this crap.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    5. Re:Good for them by Anonvmous+Coward · · Score: 2

      "Turn on the news, and all you see is the Enrons, Microsofts, and all these other coopertions who do everything they can to screw the consumer and their employees to make an extra penny."

      Yeah, cos you know how stories about businesses who operate legally keep people glued to their sets.

      This post was brought to you by Ford. Thick like a rock!

    6. Re:Good for them by Raul654 · · Score: 2

      Maybe at the smaller level, yes. But I swear, the bigger a company gets, the more evil it gets. Seriously, once they get big enough, they don't feel compelled to obey national laws anymore, and I think it's high time someone let them know that that isn't the case. I am sure there are big companies that do good things, but the only reason they are doing it is so people will give them positive brand-name recognition.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    7. Re:Good for them by sql*kitten · · Score: 4, Insightful

      With that said, I swear to god, multinational cooperations have no conscience. Turn on the news, and all you see is the Enrons, Microsofts, and all these other coopertions who do everything they can to screw the consumer and their employees to make an extra penny. Good for the Europeans, bout damn time someone smacked those companies down, even if it is one with good Karma like nintendo.

      On the contrary, multinationals are only operating within the framework provided by national governments. When governments dismantle their trade barriers, such as import tarriffs and quotas, then price differences will simply be arbitraged away by brokers (i.e. you see something selling for $10 in country A and $5 in country B, export/import it and sell it in country A for $6 - eventually the margin will tend to zero). But that can only happen if there are no obstacles to freely moving goods and capital around.

      The biggest barrier to this is ironically the EU itself who protect manufacturers like Levi Strauss from UK retailers who source overseas and want to sell at less than Levi's MRRP. Not to mention the distortions the EU create in the market with their subsidies of inefficient industries.

      Frankly, I don't know who's worse, corrupt corporations (as distinct from well-run corporations) or corrupt politicians - and the EU isn't even democratically elected! A shareholder has far more influence on a company than a voter has on the European Commission (that's a fact).

    8. Re:Good for them by swb · · Score: 2

      The only thing that will have any impact on dirty corporate behavior will be serious fines (eg, 50% of illegal gain) and serious jail time levied against the *individuals* responsible for the corporate crimes.

      Whoever makes that price-fixing deal in Europe ought to be paying $143M out of pocket as well as facing 5 years in a hard-core, anal rape kind of prison. I'd even throw in manditory termination without severance from whatever company they worked for, with lifetime banishment from the industry.

      It used to be that shifty behavior by a corporation earned some negative reproach from the corporate community, which acted as a brake on the behavior.

      Nowadays there is no reproach. These guys have an army of lawyers they consult beforehand and they know the potential fiduciary liability up front. They build in the liability to their overall pricing structure as insurance against getting caught -- if they don't get caught, it's just extra profit margin. If they do get caught, the cost is taken care of and the only "reproach" is to guys that get caught too often and can't cover their fine losses against the built-in "insurance".

    9. Re:Good for them by Tassach · · Score: 3, Insightful

      Having a 50% penalty on illegal gains is actually an enducement to break the law. Let's say I can make $4N ethically and legally, and $6N by screwing my customers. That would mean that my illegal profits are $2N; 50% of which would be $N. This means I'd still be making $N more by breaking the law, even after being "penalized". Triple damages are far more appropriate in this situation. Using the same numbers as before, my penalty for breaking the law would $6N; giving me a profit of $4N for playing nice and $0 for being a bastard.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    10. Re:Good for them by asv108 · · Score: 2
      If the protesters around IMF had their way, there would be much more trade barriers between countries, making it much easier for corporations such as Nintendo to set different prices in different regions.

      I'm all in favor of globalization, but I beleive that many of the protestors object to the way 3rd world contries are exploited such as countries in Africa with millions of people dying of starvation yet they export the majority of their food.

    11. Re:Good for them by Kombat · · Score: 3, Insightful
      serious jail time levied against the *individuals* responsible for the corporate crimes.

      Whoever makes that price-fixing deal in Europe ought to be paying $143M out of pocket as well as facing 5 years in a hard-core, anal rape kind of prison. I'd even throw in manditory termination without severance from whatever company they worked for, with lifetime banishment from the industry.


      So let me get this straight. You're saying that if a foreign country doesn't like what your company is doing, then they should be allowed to extradite you to their country and punish you as they see fit?

      So, if your product is sold in Libya, and Libya thinks that your "action figures" are offensive because the women aren't covering their faces, you'd have no problem with the US packaging you up and shipping you off to Libya, to spend the next 5 years in THEIR prison, after losing all your assets and being banished from your job, because you had the moral contempt to actually manufacture an idol of a female who is not covering her face?

      Ok then...

      --
      Like woodworking? Build your own picture frames.
    12. Re:Good for them by Nehemiah+S. · · Score: 2

      50% seems a bit less-than-serious to me.

      Start throwing out numbers like 250% (and jail terms for CEO's) and then maybe companies will think twice about whether or not to cheat. Hell if the penalty is only 50% a company would be foolish NOT to rig pices- even if they get caught they still make a positive profit from the illicit activity.

      --
      ... and there is no doubt, that one day he will be
      where the eye of his telescope has already been
    13. Re:Good for them by Twirlip+of+the+Mists · · Score: 2

      Pretty shortsighted, there. You would prefer maybe that we didn't have multinational corporations?

      All in all, we're better off with the system as it is. Personally I'd rather not go back to the dark ages of the pre-war economy.

      --

      I write in my journal
    14. Re:Good for them by Sentry21 · · Score: 3, Insightful

      I agree with you for the most part; that being said, I think there are two things to keep in mind. First of all, corporations exist solely for the purpose of making money. If the opportunity presents itself, then so shall it be done. (American) CEOs can be sued if they take an action that is not in the best interests of the company('s bottom line, presumably).

      Also, of course you only hear about screwy corporations on the news, just like you only hear about terror attacks in Israel/Palestine, or hostages in Moscow. CNN wouldn't attract a lot of eyes if its headlines ran 'Corporation continues ethical business as usual; 30 people on bus in Jerusalem get where they're going without incident; 700 theatre patrons watch play without interruption'. Much though I wish that were all the news there was to report, people are attracted to news about death, corruption, greed, and so on, so when four Israelis die, they focus on that, not the five million that didn't; when corporations cheat, they focus on those, not the ones that did the math right, and so on. For that matter, every time people get together to protest globalization, we end up with riots, assaults, property damage, and so on. Can we really judge all anti-globalists based on those few? Can we judge all multi-nationals based on those few? I don't think so.

      --Dan

    15. Re:Good for them by Twirlip+of+the+Mists · · Score: 4, Insightful

      I swear, the bigger a company gets, the more evil it gets.

      You're making unsupportable generalizations here, you know that? Boeing, Home Depot, Fannie Mae, State Farm, Morgan Stanley, Target, P&G, Berkshire Hathaway, Safeway... these companies are all in the Fortune 50. Please list your complaints against each, in as much detail as possible, so we can all accept your assertion that big companies are automatically evil.

      --

      I write in my journal
    16. Re:Good for them by Rader · · Score: 2

      Really, it all starts when a company goes public, and board members start caring only about the bottom line.

      Look at large companies that are still family-owned and you'll be reminiscing (sp?) about the good ol days. These are (usually) the type that want a profit, but are willing to make employees happy, etc.

    17. Re:Good for them by pyrros · · Score: 5, Informative

      and the EU isn't even democratically elected!

      ok, I'll bite.

      The EU is run by five institutions, each playing a specific role:

      * European Parliament (elected by the peoples of the Member States);
      * Council of the Union (composed of the governments of the Member States);
      * European Commission (driving force and executive body);
      * Court of Justice (compliance with the law);
      * Court of Auditors (sound and lawful management of the EU budget).

      I trust that you'll believe me if I told you that the goverments of the member states are democratically elected.

      The comission "has a college of 20 members. The President, the two Vice-Presidents and the 17 other Members of the Commission are chosen for their general competence, and all present guarantees of independence. They have all held political positions in their countries of origin, often at ministerial level.

      The Commission is reappointed every five years, within six months of the elections to the European Parliament. This interval gives the new Parliament time to approve the Commission President proposed by the Member States, before the President designate constitutes his future team, in collaboration with the governments of the Member States. Parliament then gives its opinion on the entire college through a process of approval. Once accepted by the Parliament, the new Commission can officially start work the following January. "

      That's ok for me, so let's go on to the Court
      The judges and the advocates-general are appointed by joint agreement of the governments of the Member States for a renewable term of six years, with partial reappointment every three years. These are members of the highest national judiciary or jurisconsults of recognised competence presenting all the guarantees of independence.

      Again, it sounds good to me

      Finally, The Court of Auditors comprises 15 members appointed by the Council for a renewable term of six years, ruling unanimously after consultation with the European Parliament.

      So the main bodies of the EU are either elected by the people or appointed by elected officials. I really don't see what your problem is.

    18. Re:Good for them by tordia · · Score: 2, Informative
      I don't have time to go through all of your list, so I'll just point you to other people's complaints on some of the easy ones - Home Depot, State Farm, P&G:
      Home Depot
      State Farm
      Proctor & Gamble

      I wasn't sure how easy it would be to find info on the other companies, but it was pretty easy... Here's some links for the other companies, just for fun:
      Boeing (2)
      Morgan Stanley
      Fannie Mae
      Apparently, Target isn't well-liked, either.
      Safeway

      Granted, you may not agree with all of these people's opinions, but the complaints are there.

      --

      Frogs are primitive animals - so the occasional extra toe is not that unusual. But this is very unusual.

    19. Re:Good for them by schon · · Score: 2

      You're saying that if a foreign country doesn't like what your company is doing, then they should be allowed to extradite you to their country and punish you as they see fit?

      I don't know which post you think you're replying to, but I didn't see the word "extradite" anywhere in what you quoted.

      But to answer your question, yes, if a company was selling something in Libya, and Libya decided that the product violated their laws, then they are perfectly within their rights to bring charges against the principals of the company, to the fullest extent of their laws.

      Extradition is another matter entirely. If the CEO ever goes there, (when he knows there is a price on his head) then he deserves to be thrown in jail.

      You know, kind of like why the head of DeBeers can't set foot in the USA without being thrown in jail.

    20. Re:Good for them by Jhan · · Score: 2
      So, if your product is sold in Libya, and Libya thinks that your "action figures" are offensive because the women aren't covering their faces, you'd have no problem with the US packaging you up and shipping you off to Libya, to spend the next 5 years in THEIR prison.

      Of course! That's how the US acts isn't it? A non american person programming a program that is not illegal in his country, being "extradited" (not really, he visited the US) and sentenced in a second country.

      Could someone please explain to me again why the US has the right to try a person that has violated US law, but lives in a totally different country, with totally different laws, and performed the 'crime' in his country?!

      --

      I choose to remain celibate, like my father and his father before him.

    21. Re:Good for them by sql*kitten · · Score: 2

      No - what will happen is that corporations will incorporate trade barriers into the product (such as DVD region coding).

      Well, they certainly tried to, but the market responded by creating then satisfying a demand for multi-region players. Without government backing, you can't prevent arbitrage.

    22. Re:Good for them by edwdig · · Score: 2

      Home Depot's business model is to oversaturate an area with Home Depots. With the area having more hardware stores than can be supported, the local stores close up shop. Home Depot then closes up some stores, leaving only a few Home Depots and no other hardware stores in the area. Operate at a loss long enough to drive everyone else out of business, then jump to massive profits when there's no one else left.

    23. Re:Good for them by Citizen+of+Earth · · Score: 2

      Even within democratic countries, a lot of people are appointed without being elected. Did you as a voter actually vote for specific cabinet members to hold their cabinet posts? How about the leaders of your military? Did you vote for your Central Banker, the guy in the background who has power that rivals that of the president/prime minister? Didn't think so. [In the latter case, some decisions are too important to be left up to the ignorant masses.]

    24. Re:Good for them by Twirlip+of+the+Mists · · Score: 2

      This is evil how? Sounds like good business to me. If you don't like it, compete with it.

      What's that? You can't compete with it? Then maybe Home Depot is just better at what they do than you are. That's the nature of a free market; the strongest companies bubble up to the top.

      No evil here. Move along.

      --

      I write in my journal
    25. Re:Good for them by sv0f · · Score: 2

      Certain Slashdotters don't know the difference between rational discussion and cheerleading... Larry Wall

      There is no difference. Maybe Larry isn't as postmodern as he'd have us believe.

    26. Re:Good for them by DunbarTheInept · · Score: 2

      With three competing systems it is probably very difficult for Nintendo to rig prices,

      The article to which we are responding is evidence against that claim.
      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    27. Re:Good for them by DunbarTheInept · · Score: 2

      It's worse than that. He didn't violate any US law. If a law says an activity is illegal in the US, and you perform that activity outside the US, you haven't actually broken that law. It's not JUST that he's not a US citizen that's a problme. It's not JUST that he performed the "crime" in the other country, but that in the location he performed it, it was perfectly legal (in fact, it actually HELPS uphold the law since there is a Russian law that says you mustn't be prevented from making safe backups of digital stuff you purchase, which Dimitri's software made possible.)

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    28. Re:Good for them by DunbarTheInept · · Score: 2

      The reason you can't compete isn't because you suck at being a hardware store. It's because the "operate at a loss" model of business isn't sustainable unless you balance it with a "operate at a profit" elsewhere. The only way to start a new hardware store to compete with home depot is: 1 - It has to be a large chain in all the same locations Home depot is in, so Home depot cannot fund their "operate at a loss" model with profitable stores outside your company's area. 2 - The only way to build that up from the ground is to have it magically appear all at once across the nation with many outlet stores. You can't do it by growing a smaller local business up into a larger national one.

      There exist market forces that allow a geographically large company to undercut the prices of a geographically small company so long as they do it in only a few geographical areas at a time.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    29. Re:Good for them by DunbarTheInept · · Score: 2

      Note that the only multi-region players that are being sold are old models. Wonder why that is?

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    30. Re:Good for them by DunbarTheInept · · Score: 2

      The main reason for the differences in the pricing between countries, when that pricing comes from the company itself (as in the case of DVD's and this Nintendo incident) and not from government tarrifs, is simply that the companies want to charge whatever they think the market will bear, but the markets in different countries aren't the same. People in rich countries and/or countries where the populace is willing to pay a lot for entertainment will be willing to buy the same DVD for a bigger price, but price the DVD at that price in a country where the people are a little less rich and it won't do very well. The problem comes in when they create technologies that attempt to enforce this pricing to the detriment of usability or freedom. I don't care about the Nintendo pricing too much, because it was still legal to buy one from another country if you wanted to do the effort. The DVD region encoding is much more insidious becasue the technology doesn't work if people are allowed to build their own DVD players however they like - and so accompanying the region technology is a bunch of rules that restrict the free flow of information about how to build a DVD player (or at least the crucial decrypting component) - essentially turning technical competence into a crime.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    31. Re:Good for them by Snootch · · Score: 2

      ...even if it is one with good Karma like nintendo.

      "Good karma"? Come off it! These are the people using the DMCA to slap down transfer-pack manufacturers (sorry, don't have the link, but there was a /. story on it recently). The fact that they price fix has (as has already been mentioned) been shown repeatedly in the past, and is blindingly obvious to anyone who's actually bought one of their consoles at full price. They're generally antisocial, really, and I have pretty little sympathy with them.

  6. It has also been reported... by cornjchob · · Score: 5, Funny

    ...that as part of the ruling, the head executives of the branches of Nintendo International concerned with this case will have large barrels hurled at them by a giant ape while trying to get up several stories of floors. In a press release, one of the executives said simply, "BEEP."

    --
    We now have confirmed reports from an informed Orange County minister that Ethel is still an active communist.
  7. Conspiracy by cyberise · · Score: 2, Funny

    Sounds like they are just trying to get some extra coin out of Nintendo. Bill Gates probably put them up to this!

    1. Re:Conspiracy by BigJimSlade · · Score: 2

      Sounds like they are just trying to get some extra coin out of Nintendo

      They should be able to get about 10 or so coins out by punching directly under certain "?" bricks. If they're lucky maybe they'll get a power-up mushroom or an invincibility star!

  8. So... by elphkotm · · Score: 5, Insightful

    If Nintendo sells units for more money in a country with less demand, it's illegal? Price-fixing? Nintendo competes in one of the fiercest markets around. *BOGGLE*

    --

    <Amanda`> I just went out to the parking lot in my bathrobe to exchange warez CDs.
    1. Re:So... by airrage · · Score: 2, Interesting

      It makes perfect sense if you understand the context. First, the EU commission has realized that there is a huge market for investigation. They've set penalities for food, steel, clothes, they feel have not been priced accordingly. To me, it looks like the international version of a class-action lawsuit: sign up some clients, shake some trees, get a settlement or fine. I agree with your point, a game is not food, air, or water, you have the right NOT to buy if the price is too high; apparently it wasn't since they sold well.

      --
      "This isn't a study in computer science, its a study in human behavior"
    2. Re:So... by NineNine · · Score: 5, Insightful

      No, what they were doing is telling their *distributors* what they could sell 'em for. The thing is, at least with real merchandise (as opposed to say, software), when you buy something, you own it, and can sell it for whatever you'd like to sell it for.

    3. Re:So... by ites · · Score: 2, Insightful

      The EU (rightly) seeks to punish vendors that (a) charge different prices in different markets, and (b) restrict imports from other EU countries. (a) is legal, but (b) is very much illegal. Free trade means if your console is cheaper elsewhere, you can buy it there.
      Imagine if consoles were cheaper in Utah, but any Utah resellers were forbidden to ship them out of state.
      The EU suffers from too much of this kind of stuff.

      --
      Sig for sale or rent. One previous user. Inquire within.
    4. Re:So... by mccalli · · Score: 5, Insightful
      If Nintendo sells units for more money in a country with less demand, it's illegal?

      Not what the ruling's about. The ruling isn't about price per se, it's about controlling the distribution.

      What Nintendo were doing was selling a game for x in the UK, and the same game for x+5 in, say, France. Perfectly legal.

      The trouble is that they were then trying to prevent French consumers from buying in Britain and importing directly into France. Now, the EU is an internal free-trade area, so controlling imports between member states is a big no-no.

      That's the case. Not the price as such, but the control of distribution across member state boundaries.

      Cheers,
      Ian

    5. Re:So... by Anonymous Coward · · Score: 2, Insightful

      Talk about missing the point.

      They were fined for stopping cross border imports inside the EU. The US equivalent would be forbidding shipment between individual states inside the US.

      That's not competing, that's avoiding competition.

    6. Re:So... by f97tosc · · Score: 3, Informative

      Nintendo competes in one of the fiercest markets around.

      That was not the case in the mid 90s Europe, the market which the allegation is about.

      Tor

    7. Re:So... by Lemmy+Caution · · Score: 2

      Price-fixing is an imposition by a manufacturer on its channel. It's anti-free-trade in that it prohibits different channel partners from pricing competitively.

    8. Re:So... by stud9920 · · Score: 3, Insightful

      Well if you had followed economics 101, you would know that

      Less demand ==> Lower prices
      High demand ==> Higher prices

      is a pretty bad simplification. There is a great demand for cheap bread, but that doesn't mean cheap bread is expensive.

      What offer vs. demand means is that you have two curves, the demand curve and the offer curve. The demand curve is a hyperbolic shaped x-demand/y-price curve: few people want to pay a high price for a good, many people want to pay a low price. The offer curve has the inverse behaviour : many suppliers want to supply high margin goods, few are willing to suppl low margin goods.

      We live in a world where there is demand AND offer so the demand and offer curves are plotted on the same chart. As one is rising from 0, and the other is faling to 0, so they must cross at some equilibrium point, the one where the transactions do occur. In fact it is not a point, it is broader, if I enter in a shop and my Coke is .75 euro instead of .70 euro I will buy it anyway.

      Fluctuations in offer or demand are translated to the correspondent curve going up or down, setting a new equilibrium point. This is left as an exercise to the reader.

      Those who had economics 201 are welcome to flame me away.

    9. Re:So... by Guppy06 · · Score: 2

      "The trouble is that they were then trying to prevent French consumers from buying in Britain and importing directly into France. Now, the EU is an internal free-trade area, so controlling imports between member states is a big no-no."

      Yeah, if they were smart like the DVD Consortium, they would have made all of Europe one region and simply price-fix at the continental level.

  9. Nothing new for Nintendo by shepd · · Score: 4, Insightful

    Nintendo has only loved the pocketbooks of their users, nothing more.

    People have already mentioned their price fixing the NES, but how about their security chips and their rabid hate of Tengen? And then there's the Game Genie and how Nintendo did their best to put Camerica out of business.

    Nintendo just ain't cool when it comes to anything that lowers their share of pocketbook abuse. Always has been, always will be.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    1. Re:Nothing new for Nintendo by Anonvmous+Coward · · Score: 3, Insightful

      "Nintendo has only loved the pocketbooks of their users, nothing more."

      Yeah, you can tell that by their strategy of making kick ass games.

    2. Re:Nothing new for Nintendo by TomHandy · · Score: 2, Insightful

      Hrmm....I thought what killed their competitors was a) awful battery life on the color handheld systems and b) a lot of mediocre software. People kept buying gameboys because of its excellent software library and that you could play it for more than 2-6 hours before the batteries died out.

  10. Makes a change. by GothChip · · Score: 4, Informative

    Normally it's the UK that has the highest prices in Europe.

    But the period they were fined for was only 1991-1998. That still leaves the past 4 years to be accounted for.

    But then again Gamecube games are still a lot cheaper than X-box and PS2 games if you know where to shop so maybe they have learnt their lesson.

  11. I wonder when... by Anonymous Coward · · Score: 5, Insightful

    They will fine the DVD consortium for region coding. I'm sure that it's cheaper to buy american DVDs than the the euro ones that are likely released much later.

    1. Re:I wonder when... by glesga_kiss · · Score: 2
      They will fine the DVD consortium for region coding. I'm sure that it's cheaper to buy american DVDs than the the euro ones that are likely released much later.

      Yes, for years I have been buying Region 1 disks from the US/Canada at half the price, months before local release (often before cinema). Often the special features are better as well, due to licensing restrictions etc.

      That is price fixing, and is a major factor in why they wanted region coding in the first place.

    2. Re:I wonder when... by radish · · Score: 2

      There's actually very little difference these days. Most Region 2 discs come out around the same time (give or take a few weeks) and can be bought for around £11-£14 ($15-20) online. In my experience, this is roughly the same as R1 discs bought in the US, either retail or online (when you include postage).

      Yes there are sometimes differences between the additional features, but I for one don't care as I find most of them boring. The improved picture quality in the R2 (PAL) version more than makes up for it!

      Yes I do have a chipped player, as I have a lot of R1 discs, but I find myself buying them very rarely these days.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    3. Re:I wonder when... by mseeger · · Score: 2
      They will fine the DVD consortium for region coding. I'm sure that it's cheaper to buy american DVDs than the the euro ones that are likely released much later.

      Strangely not. At least it wasn't cheaper in the U.S. last year (when i last visited SF). It may have changed recently. DVDs cost currently around 18 Euro, movie hits up to 25 Euro. LotR (2 DVDs) came out for 17 Euro. Currently i can only compare Amazon.com with Amazon.de and Amazon.de is cheaper (while Amazon itself isn't cheap).

      But the advantage of being an US customer lays in choice instead of pricing. The movies available increased severly last year but still are less than 20% of the choices in the US. Therefor i pay the higher prices of Amazon.com (postage and import tax coming on top).

      Yours, Martin

    4. Re:I wonder when... by greenrd · · Score: 2
      Interesting. Does that mean that selling second-hand Levis would also be "piracy", by the same token - after all, the sales aren't "authorised" by Levis...

  12. $ 143 million... by weird+mehgny · · Score: 3, Funny

    ...or 1430000 extra lives! Game over!

  13. Basic rights by tellezj · · Score: 3, Interesting
    Doesn't Nintendo, or any business entity for that matter, have the right to sell their product to whomever they choose. If they don't want to sell it to a guy who will turn around and sell it for a higher price, they should be able to do that. Their (Nintendo's) motivation is obvious (to make money).

    It seems like it has more to do with the open trade policies within the EU than it does with Nintendo.

    --

    End of Line.

    1. Re:Basic rights by lamz · · Score: 5, Insightful

      It seems like it has more to do with the open trade policies within the EU than it does with Nintendo.

      You're absolutely right. Unfortunately, it has lately become fashionable to hate corporations. Personally, I find it mind-boggling that someone can hate a corporation but NOT hate government for the same reasons. My government takes 55% of my income EVERY year. Compared to that, Nintendo isn't even a minor concern.

      --

      Mike van Lammeren
      It will challenge your head, your brain, and your mind.

    2. Re:Basic rights by digidave · · Score: 2

      The problem is that Nintendo also controls the price of 3rd party games, so Capcom can't undercut Nintendo's own games. This creates a very monopoly-like situation because you have your game system and one company controls all the software you can use on it.

      If it were cheap to switch to another system I'm sure game prices would be down accross the board, but once you're locked in with a big system investment, you either pay high prices for games or have your investment sit there doing nothing.

      --
      The global economy is a great thing until you feel it locally.
    3. Re:Basic rights by CSG_SurferDude · · Score: 3, Funny

      My government takes 55% of my income EVERY year.

      I'd like to make a suggestion here....

      Maybe it's time to find a new accountant?

    4. Re:Basic rights by theLOUDroom · · Score: 4, Insightful

      Let me just say, damn I wish I was in your tax bracket. And no I don't feel sorry for you at all. People need to pay taxes so we have things like roads and schools.
      I hate monopolies, I love competition. Certain types of price fixing is a crime. Criminals suck. The gov't is not a bunch of criminals for taking your money. They are doing things that benefit society with that money. Ever drive on a public road?
      You tax rate is prorably so high because your income is high and whatever country you live in was wise enopugh to institute some sort of progressive tax system. If you don't like having a gov't you should find a place where you can live among fellow anarchists. You can grow your own food and carry a gun everwhere you go, while watching you standard of living go to shit.
      I personally believe that at some level of income, the tax rate for individuals should become 100%. No one person should have a billion dollars, it's impossible for a democaracy to exist when people do. The economy would still function just fine under this system, since indiviuals could still pool their money by creating corporations.

      --
      Life is too short to proofread.
    5. Re:Basic rights by SirSlud · · Score: 2

      > My government takes 55% of my income EVERY year

      But your governments mantate is not to grow with that money. Your government is _supposed_ to put that money towards services and infrastructure that benifit you and your disabled child. Dont have a disabled child? Well some do, through no fault of their own, and the goal of equality is to attempt to pool some of our collective successes together to help those who havn't the opportunity to attain that success in the first place (ie, they're not lazy, they just cant). And if they don't, instead of putting them 'out of business' like you would a company, and risk maybe having nobody to step in and keep providing these services, you can actually vote .. and you don't even have to spend a dime or *go without*!

      Nintendo takes your money and becomes a bigger Nintendo. And bigger and bigger. I'm not sure why people are scared of their government getting bigger but companies not when, if companies get bigger than government, they _become_ government with no precendent or structure for democratic representation! (And this is what we're seeing today, isn't it? Companies can only buy the government if the government -needs- the money, so its in your interest to support your government financially so they -dont- have to become the corperations' plaything.)

      Or, you can stop using roads (or get everyone to stop paying taxes and watch them become unusable as trees and powerlines litter across them), drinking water, and the plethora of other services you need from your government to facilitate your life. As another poster noted, go find a government that doesn't need taxes from you and watch your quality of life plummet (or the quality of life of someone you love.)

      In countries where (american, so they know what they're doing, right?) companies have taken over basic services such as water, water suddenly becomes too expensive for many people to afford. If you want making people go without clean drinking water on your concience as a tradeoff for making more money than youre currently making (and I assume you can afford a computer and net connection, so youre better off than 99% of the people on this entire planet), go to it, but dont expect droves to support that mentality.

      --
      "Old man yells at systemd"
    6. Re:Basic rights by thatguywhoiam · · Score: 3, Interesting
      I personally believe that at some level of income, the tax rate for individuals should become 100%.

      I agree, with a slight adjustment: $100 million. Damned if I can find the link, but some bored accounting flak did an article for Newsweek about Billy G a while ago. It concluded that you could take away all but $100 million from his portfolio, and his lifestyle would not change one iota. That's literally the limit of tangible wealth; after that, it's just keeping score against the other fat cats.

      "$100 million should be enough for anybody."

      --
      If Jesus wants me it knows where to find me.
    7. Re:Basic rights by theLOUDroom · · Score: 2

      what in the hell does someone having a billion dollars have to do with democracy working?
      Yeah, because money has no influence in politics. Are you really this clueless?

      --
      Life is too short to proofread.
    8. Re:Basic rights by Aexia · · Score: 2

      You do realize that he was talking about a 100% tier, right? ie: All income higher than 2 million is taxed at 100%.

  14. Trickle-down effect by ohboy-sleep · · Score: 5, Funny

    Because of this Nintendo will have to cut prices across the board. The red potion in the original Zelda will only cost 20, and you only need 80 coins in Super Mario Bros. to get an extra life.

  15. My take by Raul654 · · Score: 3, Interesting

    It's just a symptom of a much bigger problem. The global economy has reduced the importance of national laws. If you don't like the laws in the country where you operate, moving has never been easier. Child labor laws? Move to Cambodia. So it makes my day just a bit brigher when I see them getting smacked down for it. But, I would much prefer to see a $143 billion instead of million. That would get their attention

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:My take by egomaniac · · Score: 2

      So it makes my day just a bit brigher when I see them getting smacked down for it. But, I would much prefer to see a $143 billion instead of million. That would get their attention

      That's many times Nintendo's total worth. Are you suggesting that the world would be a better place if they were simply forced out of business for this?

      While we're at it, let's institute the death penalty for speeding. That will get their attention.

      --
      ZFS: because love is never having to say fsck
  16. Why does the government get to benefit? by hanenkamp · · Score: 3, Insightful

    I don't see why the EU get's to benefit from screwing consumers. Why not let the consumers screw the company by not buying the product, or ordering it from somewhere else, or otherwise avoiding the price gouging? Is the EU going to give the money back to Germany and the Netherlands to the consumers who got ripped off? I don't see how the EU is doing the right thing.

  17. Rights by lamz · · Score: 3, Interesting

    When is a market unfair? When is it unfair for a company to set a price for their products? If I offer to sell you a video game for $50 or for $100, then isn't it just a private transaction between the two of us?

    Now, if I want to sell that game to someone in Britain for $50, and someone in Germany for $100, is there something wrong with that? After all, can't the German customer just call up someone in Britain and have them buy it for him and ship it to Germany, and pay him the $50 plus a bit for his troubles?

    Perhaps the problem here isn't Nintendo. Perhaps the problem is government laws that prevent the free exchange of goods across borders, or government fees and taxes that discourage cross-border trade, and enable companies like Nintendo to pull stunts like this.

    --

    Mike van Lammeren
    It will challenge your head, your brain, and your mind.

    1. Re:Rights by mccalli · · Score: 4, Insightful
      After all, can't the German customer just call up someone in Britain and have them buy it for him and ship it to Germany, and pay him the $50 plus a bit for his troubles?

      No - not if no-one's willing to sell it to them. And Nintendo were using their clout with retailers to ensure that no-one was.

      That's the entire point of the case.

      Cheers,
      Ian

    2. Re:Rights by lamz · · Score: 2

      That's the entire point of the case.

      Exactly my point. In a free market, there will always be someone willing to provide such services. If people are unable to do so, then that is the case because EU laws/tarrifs/regulations/etc. are the problem. Maybe the EU should fine themselves.

      Here's the tough part: If Nintendo, operating in a free market, can manage to sell to some customers at a higher cost than others, then more power to them.

      --

      Mike van Lammeren
      It will challenge your head, your brain, and your mind.

    3. Re:Rights by mccalli · · Score: 4, Insightful
      In a free market, there will always be someone willing to provide such services.

      No.

      Nintendo were leaning on the retailers to ensure that anyone supplying to a cheaper country suddenly got their supply of Nintendo games cut off. There was no-one willing to do this. The second you did, you lost all rights to sell Nintendo stuff.

      If people are unable to do so, then that is the case because EU laws/tarrifs/regulations/etc. are the problem.

      Exactly the opposite. The EU has laws that enable people to do so and these laws have been used against Nintendo, who were trying to prevent it.

      Cheers,
      Ian

    4. Re:Rights by nathanh · · Score: 2
      Now, if I want to sell that game to someone in Britain for $50, and someone in Germany for $100, is there something wrong with that?

      Nope. Perfectly Ok.

      After all, can't the German customer just call up someone in Britain and have them buy it for him and ship it to Germany, and pay him the $50 plus a bit for his troubles?

      This is the problem. Nintendo was strong-arming their distributors to prevent them from doing this. That's an impediment to free trade and very illegal.

  18. Yeah... by tswinzig · · Score: 2

    Probably $143 million worth...

    --

    "And like that ... he's gone."
  19. Nintendo's reaction: by Anonymous Coward · · Score: 5, Funny

    The lead attorney for Nintendo, upon hearing the verdict, angrily tried shutting off the power to the courtroom while screaming "FUCK THAT SHIT MAN, THE FUCKING SYSTEM CHEATS! I HAD THIS SUIT WON".

    Other attorneys on the case were quoted as saying that the lead attorney had a copy of the trial saved on a memory card, and would try his closing arguments over and over again until he won.

    1. Re:Nintendo's reaction: by unicron · · Score: 3, Funny

      Someone told me that the judge held Nintendo's lawyers in contempt because he noticed they had their briefcases plugged into big ass game sharks.

      --
      Finally, math books without any of that base 6 crap in them.
    2. Re:Nintendo's reaction: by malkavian · · Score: 2

      The sad part is that's just about true...
      Nintendo seem to be appealing.. So, it may be the case of their attourney will play this bit over and over until he wins...

      Malk

  20. So What? by 4of12 · · Score: 5, Funny

    This is an important less, corporate boys and girls.

    If you're fixing prices, then you'd better make sure that you charge the same high price in every single country in the EU.

    Got that?

    You can still catch flak for uniformly high pricing, though, but it beats this kind of bad press and fine crap.

    --
    "Provided by the management for your protection."
  21. Sounds like DVD region encoding to me... by squarooticus · · Score: 5, Interesting

    DVD's have a built-in way to enforce trade restrictions: region encoding. Of course, film distributors will claim it's about release dates or other such crap; but in reality, region encoding was always intended as an anti-free trade measure.

    The distributors want to extract as much money as they can from each market: while they can easily get $18 for a DVD in the US, that would be way too high in China.

    The way to scuttle this is to reform copyright to be free trade- and fair use-friendly: demand that, as a condition of receiving copyright protection, distributors not cripple the product in any way---no "copy protection," no region encoding, etc.---and allow users to buy and sell and resell them as they please, and to make copies for archival purposes or for limited distribution to friends. (Note: Your 10,000 closest friends on Gnutella don't count.)

    OTOH, if the distributors want to put in anti-free trade or anti-fair use measures, they obviously don't need copyright protection. (LOL)

    The point of this proposal is simply to shift the balance back to the center, away from the veritable power orgy for content owners that exists today. Reasonable people realize that copyright, patent, and trademark protections exist for a reason; reasonable people do not believe that these protections should come at the expense of all liberty for users.

    Cheers,
    Kyle

    --
    [ home ]
    1. Re:Sounds like DVD region encoding to me... by Kombat · · Score: 4, Funny
      The distributors want to extract as much money as they can from each market

      Those bastards! I suppose you work for free then? I suppose you believe that investors should just randomly invest their money in companies, rather than favouring those who tend to turn the biggest profit? Perhaps in your view, we should do away with the whole concept of "money" altogether?

      Go back to China, pinko commie.

      --
      Like woodworking? Build your own picture frames.
    2. Re:Sounds like DVD region encoding to me... by legojenn · · Score: 3, Insightful
      Go back to China, pinko commie.

      If I had my mod points, I would probably mod this as a troll.

      In response to the grandparent post:

      DVD's have a built-in way to enforce trade restrictions: region encoding. Of course, film distributors will claim it's about release dates or other such crap; but in reality, region encoding was always intended as an anti-free trade measure.

      The distributors want to extract as much money as they can from each market: while they can easily get $18 for a DVD in the US, that would be way too high in China.

      I find it amazing that people don't see the hypocrisy of the positions of the corporations. By people, I assume the general population. Most slashdotters seem to see through the bullshit. I don't understand what it is okay for corporations to exploit lower costs (in most cases standards) of living to produce products for more wealthy consumers in North America, Europe, Japan and Australia, but will do all that they can to stop those wealthy consumers from purchasing items from the same developing countries.

      Normally, I am a commie pinko bitch, but this time, the I feel the free market would level the playing field. I would love to see corporations undercut by cheaper products (ie products less focussed on branding) from other countries the way they undercut the cost of labour with cheap labour from other parts of the world.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    3. Re:Sounds like DVD region encoding to me... by fruey · · Score: 2

      Yeah, but the difference is that you can break DVD copy protection :) whereas you cannot make a store sell you games for less (you could get them for free by robbery, but that's a heavier crime than just accidentally updating your firmware to a newer version because you thought it was the "official" update, or accidentally typing random things onto your remote until WOW! the region 1 disk you bought in the US now plays on your European player :)

      --
      Conversion Rate Optimisation French / English consultant
    4. Re:Sounds like DVD region encoding to me... by evilviper · · Score: 2

      You know you really shouldn't have said that.

      Stallman is driving a fully-loaded gas truck torwards your house at this very moment.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  22. Doesnt make sense by ramzak2k · · Score: 4, Insightful

    not that i am a big fan of nintendo, how could the EU enforce a rule that the price of anything sold has to be the same across the EU states. In that article they compare the price of cubes sold in Britain & Germany. Does this essentially mean that the services (shipping, handling etc)would invariably cost me the same in germany & Britan ?

    More over, there could always be the additional language barrier & translation costs for the cubes or any other product. Wouldnt it be a valid argument for price hike from nintendos side ? (although 65% is a little too much)

    --

    Siggy Say, Siggy Do
    1. Re:Doesnt make sense by Rupert · · Score: 3, Interesting

      Of course they can charge what they want. What they can't do is intimidate people who want to buy it where it's cheaper and sell it where it's more expensive. Now, since their intimidation was limited to reducing the allocation (in some cases to zero) to companies involved in the grey market, I think it's a little bit of a grey area [haha].

      This is interesting because it's not that long ago that exactly the opposite was decided in the case of Tescos selling grey market Levis. But I think that was a UK court, not a EU one.

      --

      --
      E_NOSIG
    2. Re:Doesnt make sense by Scarblac · · Score: 2

      Inside a EU country, you're also not allowed to ask different prices in different regions. For instance, telcos can't ask less for a telephone connection in a city (where mass coverage is cheaper) than they do in rural areas. They're forced to spread out their costs evenly.

      And since the EU is a single market, this concept is also applied to the EU as a whole.

      --
      I believe posters are recognized by their sig. So I made one.
  23. Why cant they.... by Richard_at_work · · Score: 4, Interesting

    charge what they want? If its overpriced, tehres one simple answer: dont buy it. Its not as tho these products mentioned (anything by nintendo, Levi, Microsoft etc) have anything to do with practical and normal living needs?!?! Now, if this was against a supermarket or a foodgoods seller, then fine, but in this case i dont agree.

    Firstly, its their product, why cant they decide how much they want to charge? The value is only that of what people are willing to pay, people stop paying and the product obviously isnt worth what they are asking.

    Secondly, as i said before, its not a vital product. All of these things are luxuries, and definatly things we can live without.

    Priorities people, want to go after a price fixer? Then go after the Pharmacuetical Industry who definatly fixes prices! That sort of battle would benifit more people than this.

    1. Re:Why cant they.... by Sentry21 · · Score: 2

      Priorities people, want to go after a price fixer? Then go after the Pharmacuetical Industry who definatly fixes prices! That sort of battle would benifit more people than this.

      Pharmaceutical companies spend billions of dollars a year on research, development, and testing. Forcing them to lower their sources of income would mean they spend less on this, and thus would harm the people more than benefit them because of the unavailability of drugs.

      As it is now, they can charge whatever they want, but after a while, other companies are allowed to sell the exact same drug - usually at a much lower (sometimes 50%) price. THAT benefits consumers more than 'solving' price fixing would.

      --Dan

    2. Re:Why cant they.... by Rich0 · · Score: 2

      What pharmaceutical products are you thinking of? Prices for pharmaceuticals are not fixed - retailers can charge anything they want from a product they bought at wholesale. Large wholesalers do get concessions from manufacturers when they threaten not to carry their products.

      In SOME countries, the prices of pharmaceutical products are fixed - by the government. However, most manufactueres are opposed to such price controls.

      There is some restriction to free trade in pharmaceuticals due to laws in many countries designed to control drug imports. The main reason for these laws is safety - many counterfeit drug shipments are seized at borders all the time. The danger is that it isn't possible for an end-user to look at a little white pill and know whether it is safe to take - hence the high level of regulation in the industry.

      I would agree that if safety issues could be addressed, it should be legal for anybody to buy their pharmaceuticals from any retailer which is selling them - as long as they were manufactured in agreement with patent laws. Some nations allow for the violation of drug patents - which is a dangerous system that would remove the incentive to develop new drugs. Obviously, no pharmaceutical company can compete on price with a company which does not have to bear R&D costs - which are quite substantial for pharmaceuticals.

  24. Game Over, by David Sheff by ctid · · Score: 2

    Coincidentally, I've just finished reading this book, which gets into the original court case in the US. It's a very interesting read (although it's not so good at the very end). Unfortunately, I think it may be out of print.

    --
    Reality is defined by the maddest person in the room
  25. Nintendo a victim? by digidave · · Score: 2

    Nintendo says that they were "more victim than villain" of price fixing.

    Exactly how did they arrive at that conclusion? Is not making more money an overall goal of the company that they'd be happy about? Sell your stock now!

    --
    The global economy is a great thing until you feel it locally.
    1. Re:Nintendo a victim? by spakka · · Score: 2
      Nintendo says that they were "more victim than villain" of price fixing.

      This quote comes from John Menzies, one of the distributors fined.

  26. Errrrr ... Why ? by Tensor · · Score: 3, Interesting

    No matter how much the EU tries to, its countries are not the same.

    You have avg income differences, and most important consumer diffences and market penetration differences.

    Prices should not be the same in each country, as these conditions are not the same.

    If i live in Germany and i see prices are cheaper in the uk i simply buy in the uk, that is what online stores are for. Granted, this would also make the price difference pointless but i bet that online sales for nintendo games (bought mostly by parents) is less than 5%

    1. Re:Errrrr ... Why ? by littleRedFriend · · Score: 2

      Yes typically groceries and renting a flat is twice as expensive in London as it is in Paris. These games are twice as cheap in London. Perceived compensation 2x143 =286 million euros!

      --
      IANAL, but imagine a beowulf cluster of in Soviet Russia all your belong are base to us welcoming the new SCO overlords.
    2. Re:Errrrr ... Why ? by Tensor · · Score: 2

      That is exactly the point i was trying to make, why should game prices be the same when all else is different.

      Hell, prices even vary inside the country ! i bet a taxi cab ride in London is more expensive than i a small town in Spain, same with renting a video.

    3. Re:Errrrr ... Why ? by nathanh · · Score: 2

      You're missing the point. There's nothing wrong with Nintendo charging different prices in different countries. Nintendo is in trouble because they were preventing their distributors from selling between countries. Third parties should be allowed to buy in Spain, import to Britain, and make a profit. Nintendo was doing illegal things to prevent this free trade.

    4. Re:Errrrr ... Why ? by Tensor · · Score: 2

      OHHHH i see, that makes MUCH more sense.

      So why is it called price-fixing instead of free-trade prevention or something ?

    5. Re:Errrrr ... Why ? by nathanh · · Score: 2

      The end effect is that the price was fixed (by Nintendo) and free market forces weren't able to lower it (because of Nintendo).

      DVD region codes are also an example of price-fixing and the MPAA is going to get slapped for it one day.

  27. Wrong number.. by k98sven · · Score: 4, Informative

    The number is EUR 149 million.
    Read the press release from the European Commission.

  28. No surprise by Mr_Silver · · Score: 4, Interesting
    As someone who lives in the UK, the fact Nintendo were price fixing doesn't surprise me in the slightest. The fact they were fined does though - given that despite the fact that it's glaringly obvious that UK Brits are systematically ripped off on everything from Cars to Computers compared to our European counterparts - very little action is taken.

    Some facts:

    Average Family car in UK- £12,000
    Average Family car in Holland - £9,000

    To fill an Average family car with petrol in the UK costs £50 or $80
    To fill the same car with petrol in the USA costs £15.07 or $24.11

    Pack of 20 cigarettes in the UK - £4.20
    Pack of 20 cigarettes in Spain - £1.60

    Pint of beer in pub in UK- £1.90
    Pint of beer in pub in spain - £0.80p

    Six pack of beer in UK - £4.20
    Six pack of beer in Germany - £2.40

    And so on and so on. You can find more facts about it at the rather appallingly designed Rip-off Britain website.

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
    1. Re:No surprise by sql*kitten · · Score: 2

      given that despite the fact that it's glaringly obvious that UK Brits are systematically ripped off on everything from Cars to Computers compared to our European counterparts - very little action is taken.

      Well, duh, who do you suppose is doing the ripping off? Of every pound you spend on petrol, 80p is tax - that's a 400% tax! A pack of cigarettes costs something like 25p to manufacture - and you're paying 15x that in tax!

      And everyone pays, even non-drivers - because everything is shipped by road, it just gets factored into the price of loaves of bread. And, despite what the propaganda tells you, the NHS would be well and truly shafted without money from cigarette taxes - the government really wants more smokers, not less. After all they are the perfect citizens: they voluntarily pay more tax their whole lives, then die before they collect their pensions!

      Parliament will take no action on rip-off Britain because they are it's biggest fans! And that's why in the past Customs have been so heavy handed with "booze cruisers" - it's only because of recent public outrage and the impossbility of comprehensive enforcement that the rules have recently been (slightly) relaxed.

    2. Re:No surprise by Sentry21 · · Score: 5, Insightful

      While I know that prices in the UK are usually high, the figures quoted are irrelevant for a simple reason: if you're going to compare, compare against one country, and take things into account. The UK taxes cigarettes far more than most countries do (as I recall) - are taxes an issue? Germany is famous for its beer - is the beer in both situations made by the same company, so that you're having a fair comparison of products? If so, what about shipping costs and so on?

      Even here in Canada, you can get a pre-cooked shrimp ring for about $9.99 in BC, $8.99 in Saskatchewan, and $4.99 in New Brunswick, all the same brand. You can also get $10 shrimp rings in New Brunswick from more widely known (i.e. larger, better) brands. Is this because people in BC get 'screwed', or because it costs a lot of money to ship refrigerated shrimp ten thousand kilometers?

      If you're going to compare, you have to take more factors than just the price into account - local economy, shipping, VAT, local taxes, and so on. Is the US getting screwed because a BK Whopper costs more there than here? No, we just have cheaper beef, and a lower (but stronger) economy, so prices are less. It's good sense, and sensible economics.

      --Dan

    3. Re:No surprise by pmz · · Score: 2

      To fill the same car with petrol in the USA costs £15.07 or $24.11

      It costs me only US$15 for a good two weeks of short-haul commuting (One of the nice things about a compact car, BTW). If I had one of those VW diesel Golfs (more oodles of MPG), oh boy would that be nice!

    4. Re:No surprise by Sabalon · · Score: 2

      Amen.

      On vacation in Maine, you can get lobster rolls and other lobster products for a song at roadside vendors with what is basically a hot-dog stand.

      Come back to Atlanta and the price goes up for Maine lobster.

      I don't even remember the ridiculous price for Maine Lobster (spelled Main) in Aruba, but it was a LOT.

      (Don't eat lobster myself - my wife is the one hooked on it).

      As you say there are costs involved in doing business. Should I complain that I can get a 6 pack of Bud for a few bucks, but a four pack of Guinness costs $7 - quality issues aside?

      Now...if the local store was told they could not sell Guinness for less than $7 I could see where a case could be made.

      I guess it doesn't help that the UK is an island.

    5. Re:No surprise by Dr_LHA · · Score: 3, Interesting

      How about this for an example:

      You can buy a Rover car cheaper in Denmark (by over a thousand pounds) than in a dealership in Longbridge, Birmingham (next to the Rover factory). Tax is Denmark is similar if not more on cars also.

    6. Re:No surprise by glesga_kiss · · Score: 2
      But like you stated, because there are too many factors that can go into the pricing of a Big Mac (e.g., cost of cattle, cost of shipping, cost of lettuce, ...) this model will never be taken seriously.

      It could be taken seriously; the price of a Big Mac has nothing to do with the cost to produce it. Like any business, it is priced at the highest point that consumers would generally be happy to pay. The markups in the fast food industry are huge, for instance the container holding your drink costs more than the liquid inside. The price you pay has little to do with the price of the raw materials.

      On the otherhand, the location and advertising might make a dent in the price, but I'm not sure if they even do, especially in the case of McD's, where global brand recognition is important.

    7. Re:No surprise by glesga_kiss · · Score: 3, Interesting
      Very good example. It's usually cheaper to have the car personally imported than to buy it direct from the factory. That same car has had additional costs imposed by the manufacturers own shipping, followed by your own return shipping arrangements and relevant documentation etc.

      I remember hearing a lot about the car companies being in trouble over this practice, and they were told to stop it. Little has changed by the look of it.

    8. Re:No surprise by Mike1024 · · Score: 2

      Hey,

      it's glaringly obvious that UK Brits are systematically ripped off on everything

      Yeah, but the UK government levies special taxes on Petrol, Cigarettes and Beer. Taxes are, somewhat obviously, not the fault of buisnesses.

      To give an objective impression, you would have to take a broad cross-section of different goods, subtract tax from thier prices, and then divide by median national income.

      That would give a real impression of the price of goods.

      Michael

      --
      "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    9. Re:No surprise by Jordy · · Score: 2

      To fill an Average family car with petrol in the UK costs £50 or $80
      To fill the same car with petrol in the USA costs £15.07 or $24.11


      It should be noted that half of the cost of gas in the UK is for taxes to pay for roads.

      In the US, state taxes are used for the same thing, so we just shift it to other taxes.

      My taxes in San Francisco are pretty insane; 8.5% sales tax, 40+% state/federal tax (ajustable), 25% parking tax, 1% property tax. Not to mention electricity tax, phone tax, death tax, birth tax, capital gains tax, business tax, water tax, taxi tax, and it goes on and on and on and on.

      On the plus side we get to deduct interest payments for home mortgages from our income taxes.

      --
      The world is neither black nor white nor good nor evil, only many shades of CowboyNeal.
    10. Re:No surprise by DrXym · · Score: 2

      This isn't about that. Nintendo squashed the 'grey' market by threatening their distributors in one country so they could artifically boost their prices without concern of competition in another.

    11. Re:No surprise by Citizen+of+Earth · · Score: 2

      Is the US getting screwed because a BK Whopper costs more there than here? No, we just have cheaper beef, and a lower (but stronger) economy, so prices are less. It's good sense, and sensible economics.

      Reminds me of the Big Mac index of The Economist. The US dollar is way over-valued. If you want a cheap Big Mac, buy it in Argentina.

  29. Ok by Raul654 · · Score: 2

    Fair enough, the stories don't have much shelf life (why don't we go kill some pre-teen beauty pagent winner and give them something to talk about)

    But nowadays, it seems there are so many that they just keep coming out of the woodwork.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:Ok by Anonvmous+Coward · · Score: 2

      Heh I wouldn't get worried about it.

      a.) it's overblown
      b.) There's LOTS of corps out there
      c.) It's just a recent fad. Though it may have reprecussions on us all.

      I think it's a good thing, really. Just about any business is doing something at least a little shady. Now that there is media-enhanced awareness of it, then it lights a fire under everybody else to keep their noses clean.

  30. It was Smash Bros. by yerricde · · Score: 2, Informative

    Coins exploding from his body Sonic the Hedgehog style?

    No, that's rings, and that's when you get hit, not when you die (as "explode" in the blurb implied). Coins come off a dying player in Super Smash Bros. Melee.

    --
    Will I retire or break 10K?
  31. Re:Ahem by Jaysyn · · Score: 2, Funny

    You mean remember, right? ;)

    Jaysyn

    --
    There is a war going on for your mind.
  32. Does Price Fixing even make sense? by RailGunner · · Score: 3, Insightful
    How can price fixing even make business sense (legal or not) for Nintendo? Nintendo is definately not a monopoly, so you'd think that price fixing games would just drive more customers from the Gamecube to the PS2 or (gasp) XBox.

    For example (and for argument's sake) why would a person spend $60 for a game when they can get the exact same game for PS2 for $40? (Notwithstanding the difference in the cost of the hardware - which at roughly $50 evens out at about 3 games. Who only ever buys 3 games for a console?) You'd think that this scenario would simply hurt sales, and not increase profit. Unless of course, they only care about short term gain and higher profit margins and not increasing market share. Makes sense in the short term, but kills you in the long term.

    Sounds to me that not only is Nintendo guilty of price fixing, but that they're guilty of having a somewhat flawed business model.

    1. Re:Does Price Fixing even make sense? by RailGunner · · Score: 2

      OK, substitute "PSX" for "PS2" and "Genesis" or even "Master System" for "XBox", and my point still makes sense. Nintendo doesn't have a monopoly now, and they didn't then, so price fixing makes no business sense.

  33. THis is very un Nintendo-like by Sivar · · Score: 3, Funny

    Hopefully they won't try this kind of BS again. Nintendo has existed for over 100 years and, as far as large media companies go, has been very ethical.

    --
    Computer Science is no more about computers than astronomy is about telescopes. --E. W. Dijkstra
  34. Recently Overheard in the Castle by murky.waters · · Score: 2, Funny
    Mario to Luigi: "Ah, I think-ah we better pimp out tha Princess!"

    Luigi: "Yessah, to make-eh some extra gold coins, eh!"

    Princess: "Oh, dear."

    --
    Imagine the Creator as a stand up commedian - and at once the world becomes explicable. -Mencken
  35. Register follow up by OrangeSpyderMan · · Score: 4, Informative

    The Register is carrying another story here with evidence that Nintendo expected a far smaller fine - around 50M. An interesting read that'll make you think twice before publishing MSWord docs to all and sundry :-)

    --
    Try NetBSD... safe,straightforward,useful.
  36. The Expurgation of Maniac Mansion for the Nintendo by eddy · · Score: 4, Interesting
    --
    Belief is the currency of delusion.
  37. 80p for a beer? by Unknown+Poltroon · · Score: 2

    And cute spanish women to boot? Im shipping out!!!

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
  38. What strikes me by neocon · · Score: 4, Interesting

    What strikes me is that there is something of a double standard in play here. The EU makes no attempts to make sure that it costs the same amount to advertise a product in different EU markets, or that it costs the same amount to get a product on the shelves in each, but it does use fines such as this one to make sure that a producer can't charge different prices for the same item in different places.

    As far as I can tell, this will tend to make profit margins necessarily higher in some EU markets than in others, with the result that either all markets will get more expensive, or that producers will stop selling in some markets.

    In other words, if it costs Nintendo more to operate in the Germany than in the UK, and if they are prohibited by law from charging higher prices in Germany than in the UK, then their only options are a.) to not sell their products in Germany at all, or b.) to charge higher prices for their products in the UK.

    If the goal of this legislation is to stiff the Brits or to reduce the number of products the Germans have to choose from, it would seem to be working quite well, but if it's goal is to make the product cheap everywhere, it's hard to see how it could possibly succeed.

    1. Re:What strikes me by binaryDigit · · Score: 2

      I think your missing the point here. They are not prohibited from charging more (to their distributors) in Germany because their COG is higher there. What they are saying is that they can't in turn force their distributors to turn around and charge the end user a fixed price. They want the distributors to be able to charge whatever they (the distributor) think will move the units in the area that they cover.

      Now, you can definitely see Nintendo's point here. If for whatever reason it costs more to sell product in Germany than France, they would like to charge more to their distributors in Germany. However, if the French distributor starts to take advantage of the situation by selling into Germany, this hurts the German distributor. So then Nintendo is forced to charge all their distribs the same amount. Which I think is reasonable, they'll just charge everbody a bit more to cover it.

    2. Re:What strikes me by neocon · · Score: 2

      Right -- one of Nintendo's two options is to raise the price at which they sell to all of their distributors, thus making the product more expensive in the UK and France.

      Their other option is to stop selling to distributors in Germany, on the grounds that they can't charge those distributors a price which makes it profitable to sell to them.

      In niether case does the product get cheaper in Germany -- it either becomes more expensive in the UK, or it becomes unavailable in Germany.

    3. Re:What strikes me by Yokaze · · Score: 2

      c) The company which Nintendo paid for its service can't charge as much as they charged before.

      Of course, there is a double standard in play here.
      Where do you apply the same standards for companies as you apply for consumers? Taxes? Voting rights?

      Actually, the reason for this regulation is, that companies do buy from all over Europe. (Dell's situated in Ireland and selling from there to all over Europe.)

      Consumers can't, the price tag for transport is too high for such small shippings.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    4. Re:What strikes me by neocon · · Score: 3, Insightful

      We are discussing the double standard between the lack of regulation of the price at which a company pays for services and regulation of the price which it charges for its products.

      Production is only a small part of this picture. While it is probably true that Nintendo makes games in one place and ships to both the UK and Germany from there, are many other prices which cannot be paid anywhere in the EU and shipped -- the price of advertising on German television stations, the price of getting shelf-space in German stores and so forth.

      So again, if you make the only way for Nintendo to recover these costs be raising prices in the UK, they will either do so or they will abandon their interest in selling in Germany (as some other companies have done). In the one case, the British consumer loses, by paying more for the game than he had been paying. In the other case, the German consumer loses by not being able to buy a game he could have bought before.

      In neither case does the law benefit the consumer.

    5. Re:What strikes me by glesga_kiss · · Score: 2
      Consumers can't, the price tag for transport is too high for such small shippings.

      It's probably more down to lack of knowledge that you can do this. Personal importation is getting huge, fueled by the internet. There will always be those who automatically go to www.bignamestore.country for their net ordering, but many (in increasing amounts) have no issue with ordering it from another country if cheaper. I've been doing it for years.

      The price of transport isn't all that much, especially if it has to transported to the buyer in mail-order already, the additional cost of that shipment originating in another country isn't all that big a deal. Especially with some of the savings to be had!

    6. Re:What strikes me by neocon · · Score: 2
      In other words, Nintendo asked distributors in Germany to bear the cost of their marketing and other expenses in Germany instead of buying from distributors in France and the UK and forcing Nintendo to charge higher prices there to recoup the money spent in Germany.

      With your `solution' in place, Nintendo now has to raise prices in France and the UK, or else stop spending more money in Germany, leaving their distributors there in the lurch.

      To repeat what should be obvious, neither of these options benefits the consumer.

    7. Re:What strikes me by binaryDigit · · Score: 2

      Well, if the French distributor can sell at a lower price than the German one even by operating outside its own borders, it means that something is screwed with the German one.

      Well, not necessarily. Take the case of sales tax (or VAT). First let me say that I don't know if this applies to the EU, I'm just using this as an example. If distrib A has to charge tax for sales within their area but distrib B (who is in a different area) can sell into distrib A's area but without charging tax, then that gives distrib B an advantage. Like I said, I'm not saying that this applies here, but there could definitely be reasons why one distributor could have an advantage over another price wise.

    8. Re:What strikes me by Sique · · Score: 2, Insightful

      In other words, Nintendo asked distributors in Germany to bear the cost of their marketing and other expenses in Germany instead of buying from distributors in France and the UK and forcing Nintendo to charge higher prices there to recoup the money spent in Germany.

      There is always an incentive for a company to have different prices at different places. This is not per se a Bad Thing [tm]. It always happens, because conditions are different in different regions. It may also be neccessary to have different prices just to recover from the different conditions. There is no law in the EU forbidding that. And the EU doesn't have an issue with companies charging different prices.

      But to break local monopolies which prevent competition in the retail market because of closed supply chains, the EU looks into enforcing transparent pricing for grossellers and retailers. If Nintendo would have been able to prove, that their pricing was somewhat connected to the costs they had in shipping, advertising and other expenses, they wouldn't have been charged 149m EUR. No, Nintendo was subsidizing prices in some markets at the cost of other markets to gain competitive advantages. This is called price dumping and is forbidden under all sensitive legislation I know of.

      With your `solution' in place, Nintendo now has to raise prices in France and the UK, or else stop spending more money in Germany, leaving their distributors there in the lurch.

      No. Nintendo would have been forced to charge fair prices in France and the UK and thus not gaining the competitional advantages they got against other local competitors. So German customers are no longer forced to pay for driving companies out of the french or UK market.

      --
      .sig: Sique *sigh*
    9. Re:What strikes me by neocon · · Score: 2

      This doesn't necessarily follow -- the factors which make it cheap to operate a company somewhere (reasonable labor laws, lower corporate taxes, available labor force, etc) are rather different from the factors which make it cheap to sell a product somewhere (range of competing media outlets, low advertising rates, ease of getting products on store shelves).

    10. Re:What strikes me by neocon · · Score: 2

      Where `fair' prices in the UK means `charging British citizens for the cost of doing business in Germany'? This doesn't seem to make much sense.

      In other words, the EU rules work to punish citizens of all EU nations for poor market policies of any EU nation.

  39. Re:The cultural ruins of Europe by lovebyte · · Score: 2

    You are a troll, but I'll bite.

    Many European companies have and still produce video games. So there are no issue there.

    Europe is not producing for itself its own fresh supply of culture
    No European movies, actors, writers, musicians, painters, ... You must be joking. Maybe if you live in the US which does not really import foreign cultures, but if you live in Europe you cannot possibly say that there is no NEW European cultural productions.

    And Orson Welles compared Swiss peace with Italian anarchy. Are you saying that the US or Japan are anarchies?

    --

    I'll do it for cheesy poofs.

  40. So who can we buy video games from.... by Suicide · · Score: 3, Funny

    Microsoft is evil. Sony is part of the MPAA. And now Nintendo is doing bad things.

    I just want to know who I can buy console from and not feel guilty. Where is Atari when you need them?

  41. It's because of how they are organized by ApharmdB · · Score: 2, Insightful

    Publicly traded corporations have one overriding goal: increase shareholder value. And since they are a non-human legal entity they have no inherent moral tendencies to keep watch over their behavior. Therefore, they never "feel bad" when they act outside the law or society's mores. This is perfectly illustrated with the way companies view fines and lawsuits as "costs of business" that can fit into their accounting books. If by polluting illegally for 10 years, a company saves 200 million over proper disposal, but then pays a 100 million dollar fine, the books show that as 100 million dollars in the plus column.

    In order for companies to start obeying the law, the penalties need to make it more expensive to break the law then to follow it.

  42. So, I have a question.... by deanj · · Score: 3, Insightful

    Everywhere I go, video games cost the same. I've never seen them go down in price until they hit the "we need to get rid of this junk" bins. Why isn't this price fixing? Or is it? Sure looks that way to me.

  43. Re:Ahem by Twirlip+of+the+Mists · · Score: 2

    Like shooting fish in a barrel...

    --

    I write in my journal
  44. What a find. by bhsx · · Score: 2

    I didn't even know I was this interested in console history. I can't stop reading, this is quite fascinating. Thanks for the link.

    --
    put the what in the where?
    1. Re:What a find. by xenocide2 · · Score: 2

      The article's a bit biased though, for whatever reason. Its hard to find someone venomous towards nintendo who isn't a sega fan, and I suspect that some of the facts are painted in a somewhat unfair manner. Profit optimization and complex economics can make any corporation target of a talented journalist or essayist. The article mostly slams on nintendo for refusing to produce as many games as possible, and charge a higher price for it. Its not exactly something I like to see, but its hardly immoral. Apparently Nintendo decided the optimal profits came from that mix of sales and prices. So that demon is out of the way.
      I can't comment on the specifics of the intimidation case, its been a while since I read Game Over, but its not uncommon for settlements to specify "no admission of guilt." I suspect Nintendo wanted to end the case, rather than fight an extended case in court that might wind up more costly if they lost.
      As for the current case, this was about 5 years ago. Nintendo of EU has changed drastically since then; IIRC there is no Nintendo of EU, rather one for each country, to better handle the laws of the individual countries. I suspect the people involved have been fired. They had been planning on losing this one and have cash on hand for it, although I suspect that they didn't anticipate such a huge penalty, given their responses in the news articles.
      Nowadays, their draconian policies that served them well throughout the 80s are starting to hurt them in the face of extended development complexity, of which they've been making strides to address. Or you might be able to argue that platform supremecy relies on Square support. But now that Sony owns a good deal of Square, you'd be hard pressed to break that monopoly. With Sony's current hardware lead, a platform change in Square doesn't seem likely even if they realize that any platform they choose is doomed to success.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  45. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  46. �146,000,000? by Darth+RadaR · · Score: 2

    Okay, Nintendo screwed their customers with price fixing. What I want to know is who's gonna be on the recieving end of that 146,000,000?

    --
    /*drunk.. fix later*/
  47. Next time, read the article by M3wThr33 · · Score: 3, Informative

    Nintendo has already changed it's method of distribution YEARS ago. That is why they are appealing.
    The EU contacted NOE, and they cooperated and fixed the problems, now the EU is back stabbing them.

  48. Home Depot by legojenn · · Score: 2, Interesting

    --- From a maining list I am on.... On Tuesday, September 24, 2002, Home Depot Canada sent a small army of private security guards backed by a small army of Toronto police to forcibly evict about 125 people from a homeless encampment on their unused property in downtown Toronto, Canada. Home Depot needs to be held in account for its actions. Due to the urgency and seriousness of this matter, please respond immediately to our international call for solidarity and action against Home Depot. -- While the property is theirs, and really they can do what they wish to it. Using security guards and cops to toss homeless people off your unused property with no notice, with winter coming is somewhat evil. This is all the more evil as there is a housing crisis in Toronto, and winter is coming.

    --
    I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    1. Re:Home Depot by karnal · · Score: 2

      o....k

      I know I for one would call the cops if homeless people lived in my unused garage. It's my property.

      Now, the severity? Yes, maybe excessive in that light. But protecting their own assets... that's their right.

      --
      Karnal
    2. Re:Home Depot by Twirlip+of+the+Mists · · Score: 3, Interesting

      First of all, what mailing list is that, exactly? I'm not sure I believe that's an accurate representation of the facts. Phrases like "small army," "homeless encampment," and "international call for solidarity" make it pretty clear that that's a heavily biased report.

      But most importantly, there's nothing evil about this, for several reasons.

      1. Home Depot was ordered, by the Ontario Ministry of the Environment, to evict the squatters (not "homeless encampment," but squatters) in November, 2000. The order was based on the premise that the vacant lot was formerly the site of an iron foundry, and not fit for direct human habitation.

      2. In December, 2000, Home Depot put flyers all over the squatters' tents saying that they would be clearing the site and asking people to leave. That pretty much blows your "with no notice" theory out of the water.

      3. In August, Home Depot actually starting building shelters on the site in preparation for winter. Does that sound evil to you?

      There's even more to the story. A good-- and unbiased-- synopsis can be found on the CBC's web site, here.

      --

      I write in my journal
    3. Re:Home Depot by Twirlip+of+the+Mists · · Score: 2

      Well, the original poster asked for an example of evil, not an unbiased example of evil.

      If it's only evil in the context of a biased report, then it's not exactly evil, is it?

      --

      I write in my journal
  49. ummm but... by ainsoph · · Score: 3, Interesting

    "Now if only the EU could do this with Microsoft, Levi Strauss and the MPAA members..."

    Yeah but why would they? Those companies are not Asian, they are the "good guys" not the "bad" guys.

  50. This is good news... by Mysticalfruit · · Score: 2

    Not because they went after Nintendo, but it validated that their actually a govermental body that can actually do something. As for the Levi's comment, I like Eddie Bauer jeans anyway.

    --
    Yes Francis, the world has gone crazy.
  51. Food For Thought by schlach · · Score: 3, Insightful

    Anyone here notice yet that the popular opinion on this discussion is that who does the damned EU think they are to regulate how Nintendo can sell their product; whereas on SuSe Linux will run Microsoft Office, it's all about how MS is an evil monopoly that needs to be regulated?

    First, some information. The decision wasn't made based on how Nintendo wants to set prices. All you free-traders are right - they can do whatever they want. However, the laws they admitted to breaking concerned their price-fixing, not their pricing, ie their strong-arm tactics in preventing distributors from selling their products in countries where Nintendo wanted to price them higher. This is exactly not free-trade.

    A couple of thoughts:

    (1) There are completely different people making the arguments. None of the free-traders are hanging out on the SuSe Linux discussion, but they're coming out in numbers here.

    (2) The /. crowd loves busting on Evil Devil-Worshipping MS but will defend to the death their Beloved Happy Shiny NES, even though the actual differences in behavior might be quite slim.

    (3) ?

    That's what I love about slashdot. The diversity of the uninformed opinions... =)

  52. Your 55% and the lack of ROI by Interrobang · · Score: 3, Insightful

    I guarantee you get a lot more return for your money from the government (which isn't hell-bent on taking off a maximal ROI from every taxpayer dollar it collects) than you do from a corporation, which always wants its 15%+ profit.

    Or don't you like roads, electrical grids, and all that other good infrastructure and all those wonderful services? Me, personally, I like paying taxes.

    Coincidentally enough, I don't think people hate corporations for the same reasons they hate governments. It's not about the money corporations take away, it's the exploitation without accountability (or transparency) -- unless you are a shareholder, you cannot vote a corrupt CEO out of office. I am acutely aware of this paradigm, because there are US politicians who somehow directly affect my life and whom I would dearly love to vote out of office, and I'm not a US citizen.

    While I agree that Nintendo's price-fixing is a non-issue as issues go, it's still worth a weather eye, much as many other things are. I'd hate to be serious and uptight all the time.

    1. Re:Your 55% and the lack of ROI by Interrobang · · Score: 2

      So you really think that anything could work if everyone just did whatever they thought was best for themselves 100% of the time? Do you really think that any society could function that way? I don't believe that "the majority should rule" every time (note: you don't live in a straight democracy, either, and in neither of our systems does the 'majority', numerically or otherwise rule), because governments do allow for minority positions and for considerations of minority groups.

      What I don't understand is why you think this is some kind of "force" arrangement. If you don't like it, leave this society and go somewhere else. Go live on a mountaintop in blessed isolation free from having to depend on other people -- for anything. See how long you last. No one is an island; we're all peninsulae -- interdependent, communitarian, and essentially coequal for the most part. That's why social contracts of all types exist. If you don't like the social contract, go live somewhere where there's a different one.

      I don't know why you seem to think that "the common good" is a coercive arrangement. I like what I get from my government. I'm quite happy with roads, schools (yes, even public schools -- I'm a 100% product of public schools and proud of it), power grids, welfare, and socialized healthcare. Hell, to me, that alone makes up for any other aspect. If it weren't for OHIP, I wouldn't be here. In fact, if everyone were as ruggedly individualistic as you seem to think we should all be, I'd be dead.

      Can't blame me for liking what's on the left half of that equation under those circumstances, can you?

      And your analogies are flawed: Theft is NOT a social contract. In fact, we have social contracts (ie. "laws") saying that you can't do that without having to be subjected to due process in the justice system. Would you rather we didn't have laws and just had individualized vigilante justice instead? --shudder-- And if I didn't like what the rest of my group of friends was going to eat for dinner (ie. Mexican food), I'd stay out of the trip.

      I suggest you go thou and do likewise.

  53. Re:The cultural ruins of Europe by glesga_kiss · · Score: 2
    If left to the "market" forces , great majority of Europeans would be more than happy to go with the popular American imports.

    Not true. The only examples where that holds are where heavy advertising is used to sell the products, e.g. Coke, McDonalds, movies and music.

    You don't see many US cars on our streets, yet there are loads of Japanese and cars from all over Europe. Electrical goods are mostly the same, as well as most food, TV shows and just about everything else.

    Besides, culture has nothing to do with consumerism, except perhaps in the US, where a main part of it's culture is consumerism, the traditional "Capitalist and proud" attitude. Just because we don't embrase that ideology as much as you, it doesn't mean we lack culture. Eatting a Big Mac is not cultured!

  54. Personal penalty, corporate gain by swb · · Score: 2

    Having a 50% penalty on illegal gains is actually an enducement to break the law.

    Actually, no, it would be a pretty serious penalty when imposed on the personal wealth of the executives making the decisions but calculated on the corporate gain from the illegal scheme. If International Widgets fixes prices and reaps a revenue windfall of $500M, then Liesure Larry, the exec responsible for it, would be fined $250M personally, even if he personally didn't make anything other than his usual salary and bonuses.

    Sure, the corporation profits on this deal, but the people responsible for it pay very heavy prices out of their own pockets. If you want to eliminate that, make it 100% damages.

    The whole point here is that the *people* engineering these schemes need to be accountable. Fining the corporation is pointless -- it just encourages the execs to be more careful and to raise their prices to cover future potential penalties.

  55. What The Market Will Bear by N8F8 · · Score: 2
    It sounds like sound economics to me to sell products at prices the market will bear. My definition of "Price Fixing" is when unrelated companies in the same industry group together to decide prices. "Price fixing" undermines compition in the marketplace.

    This is double-screwy and quite hypocritical when you consider the artificial EU VAT TAX THAT IS NOTHING MORE THAN GOVERNMENT-MANDATED PRICE FIXING. But I digress. Can't wait till they pull this one on the drug companies -notorious for variable pricing.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
  56. Pharma Companies don't spend as much as you think by FreeUser · · Score: 2

    Pharmaceutical companies spend billions of dollars a year on research, development, and testing. Forcing them to lower their sources of income would mean they spend less on this, and thus would harm the people more than benefit them because of the unavailability of drugs.

    Bullshit.

    1) Pharmaceutical companies exaggerate the amount they spend on research, often vastly so, as a club to use whenever patent reform is proposed (or discussed in government circles). Much of that expense isn't R&D related at all, it consists of normal, non-research-related costs which through the magic of accounting have been transformed into R&D Costs.

    2) Much, in some cases most, of the money funding research comes from public funds (grants, generally paid for by taxpayers) and private donations (been to any AIDS benefits lately?), as well as the time, resources, and materials of publicly funded educational institutions (Universities, Government research labs, etc). It is an appalling outrage that the products of such contributions are then privately patented and sold back to the very contributors at inflated monopoly prices.

    3) It is a myth that an inventor requires a monopoly in order to make money on their invention. Ironicly, it is an anti-freemarket myth that flies in the face of virtually all free market economic data and theory ... yet those who benefit from government granted monopoly regimes, like Patents, manage to convince people it is okay anyway. Inventors (incluiding pharamceutical companies) can make a perfectly fine living competing against others selling an identical product (who cares if the competitor didn't invent it first and just copied the invention, invented it independently, or did invent it first but lost the footrace to the pantent office? None of that stops the inventor from marketing and selling their product, indeed the only thing the competition will insure is that the market price is a fair one).

    4) There are a number of other methods for financing R&D that are more effecient than the blanket granting of 20-year monopolies to private interests. Indeed, we use several of these and still give them their monopolies ... achieving all the downside and little of the upside.

    5) Selling AIDS medication for $20,000/year that costs $200/year to make does not benefit the patient (and in that example most of the money financing the research came from public funds to begin with), it only benefits the pharamceutical monopolist.

    6) Monopolies are virtually by definition "price fixing," as only one entity can sell the item and are thus free to "fix" the price wherever they would like. When they fix it too low it is called "dumping" (though that isn't the only example of dumping, it certainly is one, e.g. Microsoft and Internet Explorer or Windows Media Player), when they fix it too high it is called "fixing" or "gouging", but the reality is a monopoly, whether achieved by government fiat (Pharmaceutical Patents), through predatory anti-competative business practices (Microsoft), simply because one is the only one to offer a particular product or serve a particular niche (Power and Gas companies in some locales), or for whatever reason, a monopoly is always 'fixing' a price, as there is no competition to otherwise affect and determine pricing. Maybe, if one is lucky (or has good government oversight) the price will be fixed "fairly," but fair or not, the price is definitely fixed.

    No free market, no non-fixed prices.

    It is just that we as a society have, foolishly, choses to hone rather large blindspots with respect to much of the price fixing that goes on, because we either charish, or do not question, many of the monopolies that surround us (particularly those which exist through government fiat via Patent and Copyright law).

    --
    The Future of Human Evolution: Autonomy
  57. Re:DVD Region Coding? by Daetrin · · Score: 3, Informative

    Presumably because all of Europe is under one DVD region. The EU's purpose is to handle things between it's different member states, it has no authority over trade between EU states and other non-EU states, or at least not the same level of authority.

    --
    This Space Intentionally Left Blank
  58. Not in this case though by dipfan · · Score: 2

    Yes, the UK does generally suffer from retail rip-off compared with the rest of the European Union, but not in this particular case. Surprised me too. Here's the quote from the EC press release:

    UK by far the cheapest country
    The investigation showed that during the seven-year period price differences in the European Economic Area (EEA) EU plus Norway, Iceland and Liechtenstein -- were frequent and significant. The UK usually had the lowest prices by far, which understandably tempted traders into re-exporting cheap goods to high-price countries.

    The most striking price differences were observed in early 1996, when certain Nintendo products were up to 65% cheaper in the UK when compared with the Netherlands and Germany. They were also more affordable than in Spain (up to 67% more expensive than the UK), Italy (54%) and Sweden (39%). The difference narrowed but remained significant in 1997, when the UK price for all N64 game consoles and game cartridges was 33% lower (in October) than everywhere else in the EEA.


  59. What a surprise they fix prixes.. by kaoshin · · Score: 2, Interesting

    Considering they stole the game Double Dragon from a kid when he submitted it to them to try and get a job.

  60. Price Discrimination not Price Fixing by Jodka · · Score: 4, Interesting

    The Ninentendo case is an example of price discrimination not price fixing.

    Price discrimination is when a single producer charges different customes different prices. Price fixing is when different producers agree to sell to all customers for the same price.

    What followes is some detail on each and then some argumentation for why the ethical case against price discrimination generally is weak, without adressing the Nintendo case particularly.

    Price fixing is an instance of collusion, where ostensibly competing producers negotiate an agreement to restrict price competetion between themselves. That is, producers agree not to sell their product for below some specified amount. The purpose of the agreement is to increase sales profits by rasing sales prices. Note that such agreements are always accompanied by another agreement about how producers divide up the market. Sometimes producers carve up the market geographically. For example, "You sell in Michigan and I'll sell in Ohio." Sometimes producers carve up the market by number of sales. "You won't sell more than x billion barrels of oil and I won't either."

    OPEC is the quintessential example of a price fixing organization. Price fixing is its sole and explicit purpose. (OPEC can do this because it is an organization of governments, and there exists no super-governmental body to place on governments the same rules by which those nations govern their citizens.)

    Price discrimination, on the other hand, is a pricing strategy of a lone seller for raising profits on sales without organizing agreements with his competitors. For each buyer, the seller attempts to negotiate the maximum price that buyer will pay. For the seller, this stragy works to raise net sales income above what would be obtained with a one-price-for-all strategy.

    The moral case against is price discrimination is pretty weak for these reasons:

    -Because richer customers are willing to pay more, in practice price discimination amounts to giving poorer customers a break on price. It places the costs of production more heavely on those who can best afford them. If you look at Nintendo's pricing scheme, I would predict you find that Nintendo charged more in richer countries and less in poorer countries.
    -Most people don't regard price discrimination as unethical. There are plenty of examples which demonstrate how this is cool with most people. Like Priceline's "Name your own price". Or the bazaar, where buyers and sellers haggle over prices, the buyer attempting to determine the lowest price at which the seller will part with a good and the seller trying to find the highest price which the buyer is willing to pay. There is no guarantee or even an expectation that such a system will result in the same price for each customer, and that's just cool with everyone.
    -With progressive taxation, tax payers are assessed different fees according to their ability to pay. With price discrimination, buyers pay different fees according to their willingness to pay. Goverments make the "Different people pay different amounts" argument in the case of taxation. However, the argue against "different people pay different amounts" in the case of private sales. The reason for the contradictory approaches is that with taxation, goverment is as the recipient of tax revenues adopts the strategy which maximizes those revenues. In the case of corporate sales, they have little such insentive. My point here is not that one or the other is eithically correct, but that it is difficult to make the ethical case for one as you engage in the other.

    With price discrimination, the rich lose out becasue sellers can exploit their willingness to pay more than the poor. Mario Monte stands for their interets here.

    --
    Ceci n'est pas une signature.
    1. Re:Price Discrimination not Price Fixing by haggar · · Score: 3, Insightful

      Price discrimination is when a single producer charges different customes different prices.

      This is exactly what the MPAA is doing with region coding. I don't know if they'll get slapped for it, ever.

      --
      Sigged!
    2. Re:Price Discrimination not Price Fixing by haggar · · Score: 2

      I see your point, but I would like to point out a gross inaccuracy of this system: the whole of Europe is region 2, yet in Europe you have countries like UK (very high salaries, comparable to US), Finland (high standard but salaries about 1/2 of those in UK) and Albania (low standard, salaries approximately 1/30 of UK). I hope you see where I'm headed. Other regions have similar or even greater disparities (region 4 comes to mind).

      But, even if we accept your argument completely 100%, i.e. that region coding would allow for accurate price fixing to adjust to the target market's financial strength, it's still price fixing, the thing that Nintendo got punished for.

      So, do you actually support price fixing? I am not attacking you at all, I respect your opinion, I just want to see if this is the logical conclusion of your standpoint.

      --
      Sigged!
    3. Re:Price Discrimination not Price Fixing by Convergence · · Score: 2

      Whether or not its immoral, you're forgetting something: No producer will ever sell a product at a loss. If it costs $10,000 to make a car, charging $30000 from faculty and $8000 from students isn't going to happen. However, they could try to charge $11000 and $30000. In either case, thats fine, what isn't fine is restricting resale.

      In the case of products that require large fixed investment, but low marginal cost. (movies, games, etc) this argument breaks down. Were they to be non-discriminatory, the price would be higher than were they to be discriminatory.

      Price dicrimination is attempting to partitian a market for higher prices. This is a dangerous precedent. For one thing, such discrimination requires some sort of restraint of free trade. Such restraint can easily be abused.

      Its hard to have price discrimination without either price fixing or a monopoly. If there's no a monopoly on a good, then competition will cause prices to drop to the production cost.

      In the case of a monopoly (like those enforced by copyright), there is nothing to restrain the producer from abuse.

      Here's a similar question, about a different sort of monopoly... Is it moral for the government to tax more from those who earn more? A person earnin g 50% more income could use fewer government services than one earning less.

      Just some small ramblings.

    4. Re:Price Discrimination not Price Fixing by haggar · · Score: 2

      I already tried to reply, but something with Slashdot is buggered.
      It was a rather long post, but the juice of it is:
      The MPAA, as a consortium, is in a good position to engage in price fixing and it might be doing that. I am not arguing that the MPAA does not engage in price fixing. I am making the narrower point that charging different buyers different prices does not constitute price fixing. Rather, different producers agreeing among themselves to not sell below a fixed minimum price is what constitutes price fixing.
      Exactly correct: price fixing is when companies secretly agree on non-competing, like those two auction houses (I don't remember their names, but you as a New-Yorkian might know the affair better). I have been using the term somewhat incorrectly.

      However, I have a case against price discrimination, and that's because, in my own experience, most of the time it's unjust. I make about 20K$US/year in Finland (senior IT worker), while I would do in the range of 35-45 in UK, yet some stuff here is more expensive than in UK. Finland is actually one of the most expensive countries in Europe.
      It gets even worse: I was born in Croatia, where my salary was about 4K$US/year, and yet a lot of goods were more expensive than in Finland! Mostly tech stuff.

      But I also see how I can agree with your points (the evidence for my case is, you could argue, "coincidental"). You clarified very well the difference between price-fixing and price discrimination - something I completely failed to address.

      --
      Sigged!
  61. Re:DVD Region Coding? by Midnight+Thunder · · Score: 2

    Add to this that most Europeans are pro DVD-modding simply to be able to play the DVDs they bought - heck I know of a number of shops where its part of the sales pitch. In certain case from the US where they cost half the price.

    --
    Jumpstart the tartan drive.
  62. Arrrgh! Read *and Understand* the article! by identity0 · · Score: 2

    Okay, I see there are already a bunch of (pro|anti)-(free trade|WTO|EU|Nintendo) posts here, most of them without a clear understanding of the situation. I guess the headline made it seem like the EU was dictating what Nintendo could charge. That is false. The ruling was about Nintendo stopping third-party distributors from importing games from countries where they were cheaper. To clarify:

    1) The ruling is *pro*-free trade, as it's basically punishing Nintendo for stopping import-export within the EU.

    2) Nintendo *is* alloweed to charge whatever it wants, and charge different prices in different countries. What they cannot do is stop people or companies from re-selling to countries where the products are more expensive.

    3) The ruling is based on actions in the mid-90's. It does not have anything to do with the market currently, I think things have changed since then. Anyone from Europe care to comment?

    So flame on, but please flame on based on facts, not false statements.

  63. Welcome to the real world. by RatBastard · · Score: 2
    Nintendo has only loved the pocketbooks of their users, nothing more.

    And his makes them different from who? Every corporation (save a few oddball nonprofits) is in the business of making money. That's the whole point. Corporations will also defend their position in the marketplace and do their best to weed out the weaker competitors. That has always been the case.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  64. Horseshit! by RatBastard · · Score: 2
    I personally believe that at some level of income, the tax rate for individuals should become 100%. No one person should have a billion dollars...

    If I legally make a billion dollars, why should I be forced to give it all to the governement? Why can't I keep the money I made?

    I have nothing against paying my fair share of taxes, but punishing (which is what you are advocating) people because they make obscene amounts of money is 100% grade-AAA horseshit.

    --
    Boobies never hurt anyone. - Sherry Glaser.
    1. Re:Horseshit! by theLOUDroom · · Score: 2

      What are you some kind of greedy ratbastard? ;)
      At some point your ridiculous wealth becomes unfair to everone else. Why do you need a gold-plated Ferrari for every day of the month?
      I think you point out the ididiocy of your own agrument. Some amounts of money are just obscene for one person to have. For one person to have 10 billion dollars is just nonsensical and stupid.
      Why do you have to give money to the government at all? For the good of society, so that we can have things like roads and schools. You seem to have no concern for other people. You act like it's your god-given right to own as much as you want. Don't you think there should be a limit? What if some other greedy ratbastard beats you to owning everything? Doesn't that interfere with your nonsensical right?
      Yes, we all have rights, but they only extend so far.

      --
      Life is too short to proofread.
  65. Flawed by Loundry · · Score: 2

    Criminals suck.

    I agree... sometimes. It depends on the law in question, doesn't it? What if the government made free press illegal? Publishing a newspaper without the consent of the government would then make you a criminal.

    The gov't is not a bunch of criminals for taking your money. They are doing things that benefit society with that money.

    The notion of "that which benefits society" and the notion of "that which is moral" are equivalent. Furthermore, they aren't always doing things that benefit society with that money, right? The government is composed of fallible humans subject to the corruption that power brings. History is rife with examples of government abuse so that those in control can profit at the expense of private citizens. The principal difference between corporations and government is that corporations do not have the legal right to use deadly force to acheive their goals. Of course, corporations can always bribe government officials. Everyone knows that this happens to this day and it blows holes in your claim that governments are "not a bunch of criminals."

    I personally believe that at some level of income, the tax rate for individuals should become 100%.

    Two words: class envy. It's getting so old and so tired, yet it will probably never ever go away.

    No one person should have a billion dollars, it's impossible for a democaracy to exist when people do.

    "Democracy" is one of the most abused words in the English language. What happens if 51% of the democracy decides that the 49% should be their slaves? This is the "Tyrrany of the Majority" that Madison wrote about in _The Federalist_.

    The economy would still function just fine under this system, since indiviuals could still pool their money by creating corporations.

    What's to stop the government from taking control of all corporations if they so decide? Remember, the only reason that they'd do such a thing would be for "the benefit of society."

    --
    I don't make the rules. I just make fun of them.
    1. Re:Flawed by Loundry · · Score: 2

      in the absence of real material scarcity like we see today, there's no real justification for such a huge seperation between economic classes.

      I don't see such a huge separation between economic classes. At least, not where I live in the United States. I see many different economic classes and the lines between one to the next are fairly blurry. I think your argument applies better to third world countries, where you are either stinking rich or dirt poor ("HAVES" and "HAVE-NOTS," as you labeled them).

      But perhaps what you're really trying to say is that everyone should have an equal amount of stuff regardless of how hard they work, how intelligent they are, and how desirable their skills are in the marketplace. Am I reading you correctly?

      I like what you say about nanotechnology, though. And, in time, we'll be able to cheaply synthesize beachfront property as well. Either that or an acceptable illusion of beachfront property. :)

      --
      I don't make the rules. I just make fun of them.
    2. Re:Flawed by theLOUDroom · · Score: 2

      Two words: class envy. It's getting so old and so tired, yet it will probably never ever go away.
      Class envy my ass. I just have something called a social conscience.

      --
      Life is too short to proofread.
    3. Re:Flawed by Loundry · · Score: 2

      you're right, last time i checked, i couldn't help but notice that the homeless next door was better dressed and groomed than bill gates.

      Your sarcasm hurts your argument. If you want to be productive and have dialog, then be serious.

      To respond to your sarcastic remarks, what about all of the classes in between the homeless man and Bill Gates? How many classes are there? If these two happened to live in Guatemala, probably none. But in the U.S., there are many. It's impossible to really say where one ends and the next begins. Some people rent houses. Some rent apartments. Some own homes of various different values. And, if you look at current development (or sprawl, if you happen to live in the Atlanta area like myself), then you'll see the wide variety of ranges of current home values. Some less than $90K, some from $100-120K, some from $120-140K, and so on and so one. All these people carry a wide variety of different jobs. Some have one working parent. Some have two. Some have multiple working parents becuase multiple families may share a domicile. Some have kids, some don't, which directly affects their career choices. So I really don't know what you are trying to argue. Are you claiming that I was claiming that everyone is in the same social class in the U.S.? Well, I certianly don't believe that, and I really don't know how it could be inferred from what I wrote.

      Would you care to respond to my argument or would you rather continue with sarcastic non-sequiturs? In the case of the latter, you won't get another response from me.

      --
      I don't make the rules. I just make fun of them.
    4. Re:Flawed by Saeger · · Score: 2, Interesting
      No, you're not reading me right. (I'm not advocating communism). I'm saying that, today, the world is necessarily dog-eat-dog because there's still a lot of scarcity to be apportioned, so you've got to work (or inherit, or cheat) your ass off to get a "fair" piece of the resource pie. But, depending on a lot of 'unfair circumstances' - like whether you were born in the exploiter or exploited country/caste/gender/etc - the deck is stacked against of lot of resentful... class envious people.

      When resources from necessities to luxuries suddenly become extremely abundant, the gap narrows, and people are more content to live their lives. This isn't a commie utopia though. Special privilege must still be earned. society would probably reward people like top artists with that scarce beachfront property :), and 2nd-rate artists would have to make do with a beach on the hundreds of floating ocean cities, and a 3rd-rate artist'd make due with a simulation (until the simulation becomes reality... much later).

      Anyway, as someone once said, "Incentives always matter", even in an economy of abundance.

      --

      --
      Power to the Peaceful
    5. Re:Flawed by Loundry · · Score: 2

      ok, i apologize for the sarcasm, fact is i got quite pissed off by several other comments from this thread, and i misread yours.

      Apology accepted. If you get pissed off, then becoming sarcastic is a weakness, not a strength.

      Nonetheless, the US society, like many industrialised country's, does have a widening span between the "middle" class and the "upper" one, a gap that once could be jumped (the 'self made man'), but this is becoming increasingly difficult.

      You are not responding to my argument. My argument is this: there is no single middle or upper class. (Perhaps your use of quotes is an attempt to acknowlege this without outright admitting it.) Furthermore, on what do you base your belief that it is more difficult now for a middle-class citizen to become an upper-class one?

      As for nanotech', ah, i so wish you'd be right, but i fear you won't...

      You spent a lot of time trying to defeat the nanotech argument, one that I did not make. I was responding to another's post about nanotechnology, and I believe what I wrote was, "I like what you had to say about nanotechnology."

      You'll see, there will always be a gap between the middle class and the upper one, and the later will want it to stay that way..

      This is the same old and tired "evil rich, noble poor" argument. On what do you base the belief that the upper class (whatever that is -- how much money, presicely, do you have to have to be called "upper class"?) wants to "keep the man down," so to speak?

      And this will allow to maintain an artificial scarcity, because, see, what's the point in owning a rolls royce, if everybody as one [ . . . ? ]

      The nice thing about that fallacious argument is that you can expand it to any item that you deign "too luxurious" for any person to own. It's not even at attack against the item; it's an attack against the motives of one who might own it. And no matter what the person who might own one would say to defend him or herself (such as, "I like the fact that any item in a Rolls Royce is replaceable for life"), you can always respond with, "Yeah, whatever. You're just a greedy rich person and you'll say anything to hold on to all that stuff you don't deserve, that stuff that you have merely to separate you from the rabble that you want to keep down."

      In other words, "evil rich, noble poor." You're going to have to come up with a more original and intelligent argument than this.

      --
      I don't make the rules. I just make fun of them.
    6. Re:Flawed by Loundry · · Score: 2

      Class envy my ass.

      That's a typical high-school response.

      I just have something called a social conscience.

      "Social conscience" is functionally equivalent to "morality," so what you're saying here is that you are moral and I am not. This tactic does not work for the fundamentalist Christians, so what makes you think it will work for you?

      --
      I don't make the rules. I just make fun of them.
    7. Re:Flawed by Loundry · · Score: 2

      you've got to work (or inherit, or cheat) your ass off to get a "fair" piece of the resource pie.

      I'm glad you put "fair" in quotes -- it's a very loaded word.

      like whether you were born in the exploiter or exploited

      "To exploit" is a loaded and abused word (well, the infitinitive is two words, but I'm sure you get the idea).

      the deck is stacked against of lot of resentful... class envious people.

      Your choice of terminology is really leaning toward an "evil rich, noble poor" argument. Do you realize that the top 50% of income earners pay more than 90% of the income tax burden for the United States? And leftists in the Congress continually harp on about "tax credits" for people who do not pay income taxes!

      When resources from necessities to luxuries suddenly become extremely abundant, the gap narrows

      I dispute the existence of this "gap" in this country. There are not two social classes; there are many.

      Special privilege must still be earned. society would probably reward people like top artists with that scarce beachfront property :), and 2nd-rate artists would have to make do with a beach on the hundreds of floating ocean cities, and a 3rd-rate artist'd make due with a simulation (until the simulation becomes reality... much later).

      Let me guess... you were/are an art major? ;)

      I'm not sure if I misread you or not. It may take more discussion for me to figure out what your opinions are on this issue.

      --
      I don't make the rules. I just make fun of them.
    8. Re:Flawed by Loundry · · Score: 2

      I rarely have someone tee it up for me as well as you have. :)

      If you're going to be insulting, expect it right back.

      I believe you drew first blood with your childish "... my ass" comment. And I attacked your comment, not you. Civility is required, and your comments simply don't make the cut.

      And yes, that's right I'm challenging your morality of lack thereof. Having a social conscience is not equivalent to being a fundamentalist Christian.

      I disagree. Both you and the fundamentalist Christian (who despises me because I'm gay) attack me because they think they're more moral than I am. You both do the same thing -- it's only your opinions that are different.

      May you should go back to high school. You could probably learn a lot.
      Your entire post is BS.


      I'm totally unmoved. You're going to have to try a different tactic than this.

      The first sentence is an insult. All it does is make you look bad.

      Pot, kettle, black.

      The second equates two things that are not the same.

      The actions are the same, the opinions are different. I couldn't care less about y'all's opinions ("y'all" being leftists like you and fundamentalist Christians); it's your actions which are much more telling.

      You might also care to notice that I said 'I [] have a social conscience'. I didn't say anything about yours.

      You're challenging my morality yet not saying anything about my social conscience?

      I was showing what a fool you were to think that the only reason to think as I do is class envy.

      Since I never made that claim about you, it's hard for me to see how you would think that I think such about you. You responded to me first.

      I have clearly shown this since you're no longer claiming it.

      Your use of the word "clearly" shows the weakness of your claim. If it really was clear, you wouldn't need to label it as such; it's clarity would be self-evident to me.

      Your concept or morality appears to be ludicrously warped, since you think caring about others around you makes you a fundamentalist Christian.

      I hear this very claim from Christians, too. What makes you think your making it will have an effect?

      With the ability to make these ridiculous jumps in (un)logic there's no wonder you're a libertarian.

      Since you are doing exactly the same thing that the fundies do, it seems that the lack of logic lies in your court, not mine.

      Caring about other human beings is actually a good thing. Sorry if this concept is foreign to you, since that would make you a scumbag and textbook sociopath.

      This is the criticism which pisses me off the most: if I don't accept the huge-government, income-redistribution, "I'll tell you how to live your life" opinions of the Socialist Holier-than-thou Left, then I don't "care" about human beings. If I didn't care about human beings, then how could I raise my son or care about my partner? If I didn't care about human beings, then how could I do benefits for my community's elementary school? If I didn't care about human beings, then how could I keep my friends' two-year-olds at my home when they were away attempting to adopt their child from Guatemala? If I didn't care about human beings, then why would I have opted to adopt my son from his miserable orphanage in Ukraine instead of doing something more selfish (such as inseminiation)? No, all of these things can be quickly demonized and brushed away because I don't accept the opinions of the Holy Left.

      Notice how similar this is to the opinions of the Holy Right: my love for my partner is not "true" love. My parenting of my son is not "true" parenting. Yet another way in which you sound just like a fundie.

      And I doubt you know what the textbook definition of a sociopath is, so your debasing comments sound funny.

      Your constant use of the strong tag also makes your argument look weak. If your argument really were strong and meaningful, you woldn't need the bold tag.

      Would you like to explore other ways in which you are acting like a fundamentalist Christian? The parallels seem to be popping up all over the place.

      Oh, and I haven't given up believing that you are motivated by class envy. I just found more interesting things to talk about, namely that you are more Christian than you are brave enough to admit.

      --
      I don't make the rules. I just make fun of them.
    9. Re:Flawed by theLOUDroom · · Score: 2

      Look up what a sociopath is actually read my post and then reply. The words actually have meanings, they aren't just bolded or unbolded text. They form sentences. These express ideas. You should respond to those. Instead you spend most of your post talking about all the various groups you've chosen to spend you life hating.
      You should educate yourself. Not everyone who disagrres with you is a fundamentalist Christian. If you've adopted fifty starving children from Africa, then that's a good thing, but I doubt you have. Either way it doesn't matter.
      If people give you shit because you're gay, that's lame. You being gay doesn't interfere with my life and I don't really care if you're gay or not. It doesn't tie into this argument at all.
      I don't really care how you live your life if it doesn't affect me. If you own all the widgets, it does affect me. I can't get any because you have them all, and some for some types of widgets there is a fixed supply (ex: land). It's just the simple truth. I challenge you do disprove it. Not to criticize my choice of the word widget, or fling embarassing labels around, but to actually read, comprehend and then respond. If you get that far think about how you would fix this? Can you think of a better way to keep someone from owning too many widgets or are you dead set on believing that no one can ever have too much?

      --
      Life is too short to proofread.
    10. Re:Flawed by Loundry · · Score: 2
      Look up what a sociopath is actually read my post and then reply.

      If you insist:

      "One who is affected with a personality disorder marked by antisocial behavior." (dictionary.com)

      The question is, what exactly is "antisocial behavior"? Well, it depends on who you ask. Were you looking for the current psychological definition, or is this merely a matter of opinion?

      The words actually have meanings, they aren't just bolded or unbolded text. They form sentences. These express ideas.

      Yes, they express arrogant, condescending, and insulting ideas that I frequently get from leftists and fundamentalist Christians. Apparently, you really wanted to get your point across and you thought the strong tag would help.

      You should respond to those. Instead you spend most of your post talking about all the various groups you've chosen to spend you life hating.

      I don't hate Christians and leftists. I don't know if I hate anyone, but, then again, the definition of "hate" is an awfully slippery one. Since it was you who implied that I was a "scumbag" and a "sociopath," perhaps you have some harsh feelings of your own to work on. Why would you be getting so excited about some guy posting on a web page, anyway? Certainly you have better things to get worked up about.

      You should educate yourself. Not everyone who disagrres with you is a fundamentalist Christian.

      I did not state that you were a fundamentalist Christian. Nor did I state that everyone who disagrees with me is a fundamentalist Christian. What I wrote and maintain is that your behavior is very similar in many ways to that of a fundamentalist Christian. Allow me to list them for you:

      1. You both argue from an ideological instead of factual stance.
      2. You both think that you have a superior form of morality.
      3. You both think that your superior morality makes you better than those who don't share your morality.
      4. You are both condescending, insulting, arrogant, and rude.


      Do you disagree with any of those?

      If you've adopted fifty starving children from Africa, then that's a good thing, but I doubt you have. Either way it doesn't matter.

      I see, you'll think I'm a "scumbag" and a "sociopath" no matter how much good I've done, because I don't share your ideology. That's fine, but you can't claim that I don't care.

      A Christian would have written, "If you've adopted fifty starving children from Africa, then that's a good thing, but I doubt you have. Either way it doesn't matter because you don't have a personal relationship with Jesus Christ."

      If people give you shit because you're gay, that's lame. You being gay doesn't interfere with my life and I don't really care if you're gay or not. It doesn't tie into this argument at all.

      Well, it depends on what the argument is, doesn't it? I'm arguing that Christians debase and insult me because I don't share their ideology which is exactly the same thing you're doing to me. I brought up that I was gay because it illustrates how I don't share (conservative) Christians' ideology.

      My question to you is, since this tactic fails for the Christians, what makes you think it will work for you? Do you think that your flavor of morality is so superior that I will find prostating myself in front of it impossible to resist? This isn't a rhetorical question; I really want to know your answer. (It's also the second time I've asked it. You ignored it the first time around.)

      I don't really care how you live your life if it doesn't affect me.

      Then why are you being so downright abusive with me?

      If you own all the widgets, it does affect me. I can't get any because you have them all, and some for some types of widgets there is a fixed supply (ex: land). It's just the simple truth. I challenge you do disprove it. Not to criticize my choice of the word widget, or fling embarassing labels around, but to actually read, comprehend and then respond. If you get that far think about how you would fix this?

      Fix what, exactly? You are creating a problem that does not exist. Is there any single type of resource that is all completely owned by a single person (or a single entity)?

      Oh, were you being hypothetical? How would I fix a situation where a single person (or entity) owned all of a single resource? Well, how could a single person own all of a single resource?

      Now, will you be able to clarify your "problem" that I am supposed to "disprove" without resorting to bold sentences and useless invective? I'm not going to get my hopes up.

      Can you think of a better way to keep someone from owning too many widgets or are you dead set on believing that no one can ever have too much?

      Let's assume here that "widgets" == "property" (generic). Your question becomes, "[A]re you dead set on believing that no one can ever have too much property?" No, I'm not dead-set on believing it. But one has to be convinced that a certain amount of property is "too much." (This is the subjective "greed" argument.)

      Tell me, how much property is "too much" for a single person to own? The problem with the question is that there is no single right answer. If you ask 1,000 people you'll get 1,000 different answers. How can you objectively show that a single answer is the correct one?
      --
      I don't make the rules. I just make fun of them.
    11. Re:Flawed by Loundry · · Score: 2

      I appreciate the improved tenor of your post. Let's both work on keeping the conversation free of invective.

      First, I'm going to skip everything but your last question. Then, I'm going to answer: I can't.

      I'm not going to let you off the hook on behaving in the same manner as a fundamentalist Christian. You are trying to impart your ideology on the rest of the world because you think it's right. I have no problem with that. You have to change your tactics becuase you and I agree that those tactics fail for fundamentalist Christians, and those happen to be the same tactics that you employ. You have to find a way of delivering your message that doesn't make you come off as elitist, condescending, and rude. You're just not going to win many converts to your cause with that attitude.

      Keep in mind that what I'm criticizing here is your behavior, not your ideology. The two issues are separate.

      There's never going to be one static set of laws that all people agree with and live under.

      I think you are talking about ethical rules, not laws. We all live under the oppressive laws of the Federal Government.

      If I had to pick myself, I would say $20M.

      How did you come up with this figure?

      There's no single answer to the question "when is it okay to kill someone" yet the laws of our society provide this answer (at least legally).

      You're comparing apples and oranges. Murder implies the loss of life. "Too much property" (whatever that is) rights does not.

      At some point people debated it, and then wrote some laws. I don't claim that they're perfect, but I think they're better than not having any.

      This is the fallacy of the excluded middle.

      I'm really curious as to what number you would pick. I don't want to tell you why too much property it too much either. What number would you pick today, given you own personal thoughts about property rights?

      I don't think there should be any limit to how much money an individual can earn. Acquiring any amount of money using force or fraud should be illegal.

      As far as the morality stuff, whatever. Both being gay and being a rapist/murderer and against Catholicism/Bible-beltism/whatever, but that doesn't make them the same. Someone being gay doesn't interfere with my rights, someone raping/murdering me does. See the difference?

      Yes. I don't know what this is in response to, so I'm not sure what you're trying to show. You can't "whatever" the discussion about morality becuase your entire ideology is based around what you consider to be a superior morality.

      --
      I don't make the rules. I just make fun of them.
  66. Limes by pommiekiwifruit · · Score: 2
    Yearly average spent on limes in the UK : £1600

    Yearly average spent on limes in the US : $50

    Yup, the lime bacardi breezer is very tasty. But at £3.20 a bottle (eep!) it adds up very quickly. Not that I drink 2 bottles a day...

    It's only £1.40 at the off-license next door to the pub, but the bouncer takes a very harsh view of people going next door :-(

  67. There's a lot of confusion here + Why a fine??? by purrpurrpussy · · Score: 3, Interesting

    A lot of people here are writing "why can't they charge the same across Europe". THIS IS NOT THE ISSUE.

    Nintendo have been found to have formed a cartel with their distributors - who have also been fined a LOT of money. The EU decided that the distributors along with Nintendo had fixed prices among themselves. This means that there is no price competition on games (there can't be). This kind of thing happens a lot and a lot of people getted spanked when it happens. The car industry was famous for it for quite a while.

    Apart from that I think fining the Big N is rediculous. I was an owner of a SNES and am the owner of an N64, GBA and Gamecube. Where does 150 million go??? Well - it comes from Nintendo so I guess as a paying customer I'll have to help Nintendo recoup costs.

    There must be more elegant solutions than this - if the consumer was ripped then the consumer should be repaid. Not the EU. Free games!

    --
    "None of this shit works" -W.Shatner
  68. Not likely by Kjella · · Score: 4, Interesting

    EU cares about discrimination inside EU. All EU within one region code = no problem. Personally I would wish they did though. I can live with CSS but I really hate those region codes.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  69. Can't this be a good thing? by nonetheless · · Score: 2, Interesting

    From the little I remember of my economics classes, can't the "price fixing" of the sort that is at issue here (charging one set of consumers one price, charging another set another, higher, price, and coupling that system with some method of separating the two groups) be a good thing? (By good thing, I mean good thing for the wee, downtrodden folks -- which here appear to be the British, and not the Germans.) I remember the rationale being something like this: assume the market will bear out a certain amount of profit for me. I can either capture that by charging the same amount to everyone, or by charging folks varying prices according to their ability/willingness to pay. The latter method will allow more people who has less money to spend to buy my products, and the expense of screwing those who've got more money to do so. Hardcover/softcover books are the classic way of doing this. You market hardcover first to capture the higher spending folks, who are willing to pay a premium to get the books faster (and in better shape), then follow up with softcover to capture the cheapies. On a related note, don't the Finns give out traffic tickets like this? The rate you pay isn't flat, but varies according to your ability to pay? Likewise, this interest in "fairness" underlies the U.S.'s graduated income tax. One can debate the fairness, certainly, but there are at least good points to be made on both sides.

  70. Mario is attacking Nintendo by Hamstro · · Score: 2, Funny

    I don't know about you guys but I thought it was quite funny that name of the EU spokesman is Mario...

  71. skirting the law by jchristopher · · Score: 2
    Lately I've been shopping for a system and the "NHL 2003" game. Interestingly enough, the game is $49.99 EVERYWHERE. I can't find a single vendor selling it for even a buck less.

    I imagine this comes from the publisher. Sure, you don't HAVE to sell it at our suggested price (That would be illegal), we'll just choose not to sell you ANY next time if you don't.

    Something I've never understood - when the publisher sells the games to the wholesaler, they've already been paid. They make the exact same amount of $ whether the game sells for $10 or $50 at retail - so why do they mandate a retail price? You'd think they would want to sell as many copies to their wholesaler as possible. Isn't the easiest way to do that to allow super-low retail pricing?