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Nintendo Asks For Government Help To Fight Piracy

Nintendo, in its annual report to the USPTO, has requested help in dealing with piracy overseas, both from the US government and from several other countries in particular. China, Korea, Brazil, Mexico, Spain, and Paraguay are listed as the greatest contributing nations to piracy of the company's products. Nintendo suggests, for example, that "Chinese customs officials must stop shipments of game copiers and other infringing products out of China, and China should work in the coming year to eliminate barriers to its enforcement laws," and that "the Spanish government implement laws protecting the creative copyright industry and enact laws against Internet piracy."

42 of 296 comments (clear)

  1. Whine whine whine by aliquis · · Score: 5, Insightful

    Most of the people who copy games for their consoles get the console and the necessary devices for copying games just because they know they can copy the games if they get it all.

    There is no guarantee those people would get the console and any games if they couldn't copy them.

    I've got a chipped gamecube and a DS with flashcart and could kinda get all of the games for both systems but then all I do is play WC3 on my computer anyway ...

    I'm just not that into console gaming, I don't even play the games when they are free ffs, why would I play them if I had to pay for them?

    Atleast Nintendo makes money on the consoles to so they have got my support anyway.

    Parents getting said devices for their kids which would indeed get a couple of probably crappy games may be another story though.

    1. Re:Whine whine whine by powerspike · · Score: 2, Insightful

      AFAIK they also get a $$ amount per game sold as well, so every "lost sale" is lost income to them. Remember their primary goal is to benefit their shareholders, and that is what they are doing.

    2. Re:Whine whine whine by aliquis · · Score: 4, Interesting

      I know, but my actions don't result in lost sales since I don't even play the games when they are free, I would definitely not buy and play any games costing the amount of money they cost now.

    3. Re:Whine whine whine by Xest · · Score: 5, Insightful

      Yep, I know people who bought DS' only because they could buy a cart with a micro SD card in and copy games to it.

      These are people who I know definitely wouldn't have got one if they had to pay an additional £20 for each game on top of £100 for the device itself. Piracy has been one of the reasons the DS has been so succesful.

      As you say providing Nintendo makes money on the device itself then they've really got nothing to complain about and aren't really acting any better than the RIAA/MPAA trying to force their ideal laws on foreign nations. Even if they didn't make money on the device I'm inclined to say more fool them for pursuing such a silly business model.

      The other point is it's not like they even seemed to try hard to prevent piracy. Their systems are some of the most easily hackable out there so if they don't even invest in anti-piracy measures like Sony and Microsoft do then why should they expect anyone to help them if they wont help themselves? At least pirating XBox 360 games means goodbye to your warranty, can't be done on live arcade games means saying goodbye to XBox live with your system forever too so Microsoft at least tried to solve the problem through technology than just whining to foreign governments to enforce stricter laws on their citizens.

    4. Re:Whine whine whine by aliquis · · Score: 3, Interesting

      Same for Xbox, it was a total failure until people could chip it and use the HDD for games vs the un-cracked Gamecube for instance.

      Piracy is the reason Microsoft got into the console business at all.

      And yes, guess it helped DS vs PSP somewhat to since PSP games could be up to 1.8 GB in size and 2 GB memory cards cost a lot of money back then.

      And I also agree that if you don't make money from all the products you're doing something wrong. Somewhat unrelated I can get a new Xerox 6110 N printer for less money than the amount of toner it ships with ... So when you have run out of toner it makes just as much economical (and/or service) sense to trash the whole printer and buy a new one ..

      It took a long time to crack the Gamecube, the DS uses some RSA signature or something such, and the DSi got an updated copyright protection, so I don't agree that they don't try to protect the content. And even if they didn't they shouldn't have to, people should respect their rights. But to claim losses because people violate their rights?

    5. Re:Whine whine whine by omeomi · · Score: 4, Insightful

      That is, pretty succinctly, the problem with calculating lost revenue by adding up all of the pirated copies...

    6. Re:Whine whine whine by Anonymous Coward · · Score: 2, Informative

      Well you know, the XBOX extra warranty isn't available in most countries, nor xbox live for that matter.

    7. Re:Whine whine whine by Timothy+Brownawell · · Score: 2, Informative

      That is, pretty succinctly, the problem with calculating lost revenue by adding up all of the pirated copies...

      It's one of the problems. Another one is people who download large batches of stuff and sort out the crap later - if they had to pay up front they'd be putting some amount more effort into filtering out the crap beforehand.

    8. Re:Whine whine whine by bentcd · · Score: 2, Insightful

      It may be because somewhere inside my head, I put a value on my free time?

      From what I can tell it's common for humans to attach more value to something one pays a lot for than something one gets cheaply or for free, regardless of their actual comparative value or usefulness.

      If I were forced at gunpoint to express my amateur speculation I would probably say that it seems like some sort of mental self defense to prevent ourselves from facing up to having dished out big $$$ for something that was less valuable to us than something else we got cheap. That is, we don't want to admit that we've been suckered and our subconscious does the only decent thing and effectively suppresses that idea.

      --
      sigs are hazardous to your health
    9. Re:Whine whine whine by Anonymous Coward · · Score: 2, Informative

      Nintendo makes a point of always profiting on hardware. They haven't lost money on a single Wii or DS console, and manufacturing cost reductions have not turned into price cuts at retail (they haven't needed to cut prices - they're still selling consoles faster than they can produce them.)

      I don't think Nintendo has ever sold a console below break-even point.

    10. Re:Whine whine whine by moose_hp · · Score: 2, Interesting

      While that may be true, but here in Mexico digital piracy is actually illegal, police do show up in places with high traffic of pirated software/music/games (here in Guadalajara, biggest place is "San Juan de Dios", I was actually once there when the police showed up), they do show in television how they burned down X tons of pirated material... and all those actions are pretty much worthless.

      What's the problem with piracy here? I think that the prices are freaking high, legal nintendo games/consoles/accesories can get priced around twice it's price in USA, also a single Wii game usually cost more than what you get on minimal wage in a month.

      --
      DON'T PANIC.
    11. Re:Whine whine whine by aliquis · · Score: 2, Insightful

      Eventually, though, in the TPB case someone mentioned that pirates actually buy MORE movies than non-pirates.

      Would they still buy more if they wasn't pirates? Would that result in more sales? Maybe. All we know is that non-pirates buy less movies.

      That CD sales fail isn't that weird, I want different music and I want it cheap. People just have a fixed budget for entertainment, if there is something else you rather prefer than CDs (say DVDs or Internet access), people get that instead.

      The music industry need to offer a better product if they want to get peoples money.

      Though, I'm only interested in supporting the actual artists/actors/scene builders/... and not everyone around that.

    12. Re:Whine whine whine by amoeba1911 · · Score: 2, Insightful

      I paid $129 for a Nintendo DS ONLY because of R4DS card. I totally agree with what Aliquis is saying. Without the said card, Nintendo wouldn't get a single penny from me and I wouldn't even think about getting the stupid system. Over the years I bought several DS's in various colors, and encouraged friends and family to get them as well, and I even bought some DS games for my friend as a gift. So, how was the R4DS card bad for their business? It's bad enough they're wasting billions of dollars trying to keep people from copying stuff, but their growing obsession with piracy is starting to cost them big. I know their bread and butter is the console sales, but come on now.
      What really grinds my gears about the whole piracy thing is all anti-piracy scams try to make it seem like piracy is costing them hell of a lot more than what it really is costing them... for example: the business software alliance says piracy costs business software makers about $30 billion annually, in reality, the pimply teenager in high school who downloaded pirated copy of Maya and Photoshop wasn't going to buy a copy in the first place, nor does he have the funds to do so. The true cost of piracy is:
      1. money obtained in exchange for products illegally (this is what piracy REALLY is)
      2. the money companies waste trying (unsuccessfully) to overcome piracy by making their products unusable

      Let's face the facts, not every bum has money to buy crap, and it doesn't cost anyone a dime if they copy it. Nintendo and all others should stop going after card makers, and start going after people who pirate their stuff for profit. I look on Craigslist and I find a dozen people trying to pawn off these "lots of games for DS on a single cartridge" for a fraction of the actual cost of the games. Those people really are stealing Nintendo's revenue, they are the real pirates, but yet Nintendo's not doing didly squat about them, instead Nintendo is too busy going after people who they should instead be thanking.

      Crazy mixed up world we live in and thanks for reading my 2 cents if you made it this far.

    13. Re:Whine whine whine by Nalgas+D.+Lemur · · Score: 2

      Wait, what? I'm kind of confused. I realize Slashdot isn't a collective entity with a hive mind, but I can't figure out whether the comments on this story make me believe that more or less than usual. On one hand, all the ones that have been modded up so far say the same thing as each other, which is generally something along the lines of, "Boo hoo, Nintendo. Go cry some more. You're getting what you deserve," with a lot more consistency than usual. On the other hand, the stereotypical responses that usually show up on stories like this are missing. You guys are hurting my brain.

      As you say providing Nintendo makes money on the device itself then they've really got nothing to complain about and aren't really acting any better than the RIAA/MPAA trying to force their ideal laws on foreign nations. Even if they didn't make money on the device I'm inclined to say more fool them for pursuing such a silly business model.

      Speaking of hurting my brain...what does this even mean? Providing goods and/or services in exchange for money is a silly business model? What are they supposed to do, give the games away? Make paying for them completely voluntary? I don't know. Maybe that'd work. I'm guessing not terribly well, as it costs them money to make the games, and the third party companies don't get anything from the console sales, so I'm not sure how any games would get made in the first place if no one were paying for them...

      Obviously someone needs to do something differently if people taking their stuff for free is causing a big problem, and bugging various governments about it may not be the right solution, but on a basic level their "silly business model" (make things people want, then sell them to people at a price that is greater than what they cost to produce but still low enough for a decent number of them to pay for them) seems pretty reasonable to me.

      The other point is it's not like they even seemed to try hard to prevent piracy. Their systems are some of the most easily hackable out there so if they don't even invest in anti-piracy measures like Sony and Microsoft do then why should they expect anyone to help them if they wont help themselves?

      Yes, please do encourage them to make it even more obnoxious to use various hardware/software. I never can get enough of people bitching about DRM and other types of copy protection and hardware lockouts and other crap. It's almost as much fun as when it directly affects me (Thanks, Steam, for failing to authenticate my account for ten minutes straight a couple days ago when I had exactly ten minutes to kill before I had to go do something else...I wish my Wii could do that, too).

      Anyway, something that I'm really surprised that I haven't seen mentioned (at least in anything modded up that I skimmed through) is that a bunch of what Nintendo tends to complain about, at least based on what they've said in the past, is wide-scale for-profit piracy, not some guy in his basement soldering a mod chip on, particularly with places like China. I get just as irritated when people go after homebrew stuff or individual users (Hi, RIAA!), but I really have a hard time arguing with them when they say they have a problem with groups in China or Russia or wherever pressing their own copies of games/CDs/DVDs and selling them.

      I'm not even sure where I'm heading with all this, but the comments today are enough sillier than usual that I had to boggle out loud at them.

    14. Re:Whine whine whine by Tetsujin · · Score: 2, Insightful

      I know, but my actions don't result in lost sales since I don't even play the games when they are free, I would definitely not buy and play any games costing the amount of money they cost now.

      That's easy for you to say now because you're playing what you want to play and not paying for it. Since you're getting what you want for free, you're assigning a corresponding value to the experience of playing the games. If you were actually forced to either pay up or stop playing - after a while you might start to think that dropping $20-$40 here and there for a game or two is worth it, after all.

      Or it's possible that you'd just stop playing games... But I think the former scenario is more common.

      --
      Bow-ties are cool.
    15. Re:Whine whine whine by CodeBuster · · Score: 2, Informative

      The wiki article has a few links, might be a good place to get started. I would be shocked if there were no third party refill cartridge sellers on Amazon. Good luck.

  2. Poor Nintendo by lbft · · Score: 5, Insightful

    My heart goes out to Nintendo in these difficult times of record profits.

    1. Re:Poor Nintendo by bentcd · · Score: 4, Insightful

      My heart goes out to Nintendo in these difficult times of record profits.

      We probably need to institute a rule along the lines of "if you can effectively lobby the govt to help you out then they won't because if you can afford to pull /that/ off effectively you must be doing quite well already".

      --
      sigs are hazardous to your health
  3. Uhuh... by FinchWorld · · Score: 3, Funny

    ...I bet China will get right on it!

    --
    "I may be full of crap about this game, and I may be wrong, and that's fine." -Jack Thompson
  4. But..... by commodore64_love · · Score: 3, Interesting

    .....if we piss off the Chinese by demanding they stop copying games or exporting copying hardware, they won't loan us 2000 billion in dollars. And then what will this poor, debtor nation do? No, no, we can't afford to make demands of the people giving us money to survive.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  5. High Taxes increases Piracy by Anonymous Coward · · Score: 2, Interesting

    At least in brazil its the truth. Super Mario Galaxy, for example costs 46 dolars on amazon.com. If you try to buy it in brazil, it will cost 260 reais, which is about 120 dolars. Its costs 2.6 times more than if you were buying it on the US. Whats the reason for this? Taxes and filthy lucre. I dont know why it doesnt happen with computer games. Left 4 Dead for PC, for instance, costs 45 dolars on Amazon.com. If you buy it in brazil, it costs 99 reais, which is about 45 dolars. Thats why computer games piracy has decreased in brazil and console games piracy is still the same. Charge a fear price and everyone will buy the game. Charge a pornographic price and we will pirate it.

    1. Re:High Taxes increases Piracy by Malevolyn · · Score: 3, Funny

      Charge a pornographic price and we will pirate it.

      So anything $69 and up?

      --
      Your ad here.
  6. Required Background Reading by Anonymous Coward · · Score: 3, Interesting

    I suspect most people would be surprised by the sheer amount of piracy there is for games on Nintendo's platforms. So here's some background reading on the issue:

    "In South Korea, many video game consumers exploit illegal copies of video games, including for the Nintendo DS. In 2007, 500,000 copies of DS games were sold, while the sales of the DS hardware units was 800,000." Yes, you're reading that right; the attach rate for DS software in Korea was at one point less than 1.0, fewer pieces of software were sold than hardware devices, which is a tell-tale sign of use of piracy devices.

    As for why that is, Gamesutra has a short but insightful article on the matter. DS flash carts (what Nintendo is calling "game copiers") are cheap, and the South Korean people are turning to them in part as a solution to not being able to afford every game they want.

    Nintendo's biggest fear here is that other countries end up like Korea, with rampant piracy and few legit customers. Nintendo does make a profit on hardware, but much of their profit is still on software. Furthermore their 3rd party game developers who don't make a profit on hardware would love to make a profit at all, and bad/no 3rd party support just makes Nintendo's hardware and software sales that much worse. I can't see why Korean piracy levels world-wide wouldn't kill the DS, or any other console for that matter. I understand Wii piracy through mod-chips is also pretty rampant in South Korea, although I do not know to what degree.

    With that said I don't know why Nintendo is going to the US government about this. Certainly it's reasonable to ask the government to clamp down on this in the United States, and perhaps even apply some pressure on China where flash carts are made with relative impunity, but I don't see the point in listing the other countries. I don't see what stake the US government has on piracy in Spain, for example.

    And I'll close this out by admitting I'm a pirate. I have an R4 flash cart with many games and exactly 2 legit games (1 of which came with the DS) when I could easily afford to be completely legit. I'm exactly the kind of person Nintendo is worried about. There are many more like me, I'm afraid.

  7. Spain's piracy problem? by Anonymous Coward · · Score: 2, Insightful

    Oh come on! What's he complaining about? Software is illegal to share in Spain as in any other civilized country. Media is something else, as the right of personal distribution without it being a lucrative activity is legal.
    Also, Mod-Chips and the sort are illegal too, not that security agencies give a f*** about some teenagers buying them.
    So what is it that you want Nintendo? A France like model of 3 strikes you're out enforcement? I think the government has (or at least should) more important worries, like almost a 4MM unemployeds.
    So Nintendo, when you build a factory in Spain and some developers shops to help mitigate this problem, start whinnying about piracy.

  8. While I can see Nintendo's point, I wish they'd... by andi75 · · Score: 4, Interesting

    ....see mine. I have two kids (2 & 4), sometimes I play Wii Music / Wii Fit / Wii Play (Fishing!) with the older. It's too troublesome to lock all stuff away all the time (and sometimes I just forget to remove the disk from the console), so I've already thought a few times about modding the console to be able to backup the games before the kids manage to destroy the disks accidently.

    As it is, they won't replace my scratched disks, so I don't have so much simpathy for them.

  9. tackling the big issues by timmarhy · · Score: 2, Funny

    good to see government is being asked to tackle the big issues, like teenage girls pirating "Animal crossing".

    --
    If you mod me down, I will become more powerful than you can imagine....
  10. How to stop copying.... by Joce640k · · Score: 2, Interesting

    Simple: Stop putting games on a media which can be copied in any home PC.

    Make game CDs a bit bigger or something so they don't fit in a standard drive for recording.

    PS: "Spain"? Oh, sure, Spain is a major international cause of lost profit. Not. Spain has a sensible law regarding copyright, that's all.

    --
    No sig today...
  11. Not correct by Elementalor · · Score: 2, Insightful

    No, you are not right. In Spain, where we both live it's illegal to copy software, even if it's non-for-profit.

    But Spanish judges dismiss charges against people modifying their consoles or copying music or movies for personal use.

    What Nintendo wants is to make illegal devices like R4/M3/WiiKey and blocking webpages that give access to pirated games (software).

    Good luck with that, but I don't think it would be possible here.

  12. Re:Piracy? What Piracy? by Logical+Zebra · · Score: 5, Insightful

    I doubt Wii games are what the O.P. was talking about. I think he/she/it was talking about older systems.

    For instance, how many people signed the online petition to have Nintendo translate Mother 3 and release it in the US? I believe well over 100,000 people signed it. Yet Nintendo refused to translate and release the game over here. So, fans of the series took matters into their own hands and translated the game themselves. If Nintendo would have released the game, they could have made a ton of money off of it, but instead, it is now being "pirated," instead.

    --
    I have a bad feeling about this...
  13. Customs by number17 · · Score: 2, Interesting

    "Chinese customs officials must stop shipments of game copiers and other infringing products out of China"

    Why doesn't Nintendo go after customs of the importing countries? It's because on both sides of the import/export equation are a very small number of people who actually inspect what is going on. Why don't they get the piracy sniffing dogs out? That's right, they can barely handle the drug trade.

  14. Re:While I can see Nintendo's point, I wish they'd by Stormwatch · · Score: 2, Insightful

    because the few resources that government has are being used to fight other more important issues (e.g. drugs, for which the USA has the solution [i.e., decrease the demand you junks]).

    Straying from the topic, but actually the solution is LEGALIZE LIGHT DRUGS (such as cannabis), so they can be produced and traded by honest, non-violent entrepreneurs, and certified for quality.

  15. Re:Piracy? What Piracy? by Lostlander · · Score: 4, Insightful

    Then the answer would seem to be to make new games that are actually more fun to play than the old ones. People wouldn't be playing the old ones if the new ones were that much more fun. I think the biggest problem with profit in the game industry right now is that nobody focuses on playability aka controls and game mechanics. The few companies that do for example blizzard make record profits whenever they release a game.

  16. I assume this is not bi-directional? by VShael · · Score: 3, Insightful

    "We want [country A] to change their laws, so that if a person in [country A] breaks our [country B] laws , we can prosecute them."

    If [country A] != America and [country B] = American then GOOD
    If [country A] = America and [country B] = !American then BAD

  17. The USA is not your mom by szquirrel · · Score: 2, Interesting

    I can absolutely dig Nintendo's position on large-scale bootlegging, but isn't Nintendo a Japanese company? Let them ask their own country for help leaning on China. We already have enough people bitching about America acting like the world's policeman.

    --
    Never approach a vast undertaking with a half-vast plan.
    1. Re:The USA is not your mom by furby076 · · Score: 2, Informative

      NES of America is a seperate entity of NES Japan and is an American company. They need to ask the American gov't. I am sure NES Japan is doing the same thing on their end.

      --

      I do not support "The Man". I also do not support your irrational stupidity
  18. Seriously? Piracy? by Sj0 · · Score: 4, Interesting

    It seems to me that China is such a shithole, that it would be completely unethical to waste time dealing with piracy at this point. Let's stop slavery, let's stop human rights abuses, let's enforce workplace health and safety standards.

    Moaning and whining about how a few people are getting games for free in a country like China is like complaining that Hitler stole your parking spot.

    --
    It's been a long time.
  19. Nintendo doesn't want to take my money by tepples · · Score: 4, Insightful

    if you don't want to buy the games (for whatever your reasons may be) then don't play the games.

    I want to buy the games, but Nintendo doesn't want to sell the games for any of several reasons. One is the No Export For You mentality even if there's a fully translated prototype (Earthbound for NES) or even if it's been released in another anglophone market (Kuru Kuru Kururin for GBA; Pinocchio for Wii). Another is that games from a smaller developer can't get published unless the developer has already released another commercial title on Windows, and some developers aren't fans of the genres that Windows gamers have historically preferred. What is the alternative to piracy in this case?

  20. Piracy IS LEGAL here in Spain(for video and audio) by Findeton · · Score: 2, Informative

    Yeah, that's right. Here in Spain, it's simply legal to download, upload and/or share music and films, if it's non-profit. Also, it's been ruled that pages that encourage sharing films and music and have revenues from ads are also legal, in part because otherwise google would be illegal, as google also has links to torrent files (try searching for "filetype:torrent" in google).

    Unfortunately, Spanish Law makes an exception with copyrighted software. So it's legal to share music and films but not software. Anyway, I'm PROUD to say that software piracy is also widespread here in Spain (the exception is that businesses don't use pirated software).

  21. Re:Piracy? What Piracy? by ArcCoyote · · Score: 2, Informative

    Right on. I've had an R4 since day one, and freely admit to downloading NDS ROMS. The only one I've bought is Zelda.

    1) Convenience. I have at least a dozen games on a 1 GB MicroSD. That's the ONLY way I'm going to be able to carry around a variety of games without losing half of them.

    2) Quality. A lot of DS games really suck. I don't even keep most of the games I try. If I had paid for them, I'd regret it.

    Mother 3 is awesome. I ordered a Slot-2 flashcart just so I could play it. I can see why Nintendo didn't bring it over to the US... if you're expecting Earthbound, the style is just as cute and bright, but the story so far is dark and tragic.

  22. Piracy *is* OK by Chris+Acheson · · Score: 2, Insightful

    Piracy is morally neutral, neither good nor bad. The intellectual monopoly faction has utterly failed to produce a single solid argument for the alleged immorality of piracy. Their appeals to property rights consistently ignore the factors that justify rights to actual property in the first place.

    Lay off the moral posturing. Consequentialist arguments are all you've got, and even those are pretty weak.

  23. Re:While I can see Nintendo's point, I wish they'd by Belial6 · · Score: 2, Interesting

    I'm kind of suprised that none of the console makers haven't taken to copying the disk to a hard drive. I know that they are not going to do anying without copy protection, so they could just just use a usb dongle as a key. You could technically have up to 256 keys plugged in at a time, so you could load up you console giving you the convenience of installation to a hard drive as well as protection from disk scratches.

  24. Re:While I can see Nintendo's point, I wish they'd by marcop · · Score: 3, Informative

    I would be willing to pay $5-$10 (includes shipping) for a replacement disk. I send them the original scratched disk and they send me a replacement. They can even send it back in a generic box.