High Court ruling deems games console cards illegal

Selling, importing or advertising R4 and R4i cards and other similar devices in the UK is officially illegal following a High Court ruling earlier this week.

The cards, used with Nintendo’s DS games consoles, can be used for legitimate reasons such as storing and playing home-developed games or for music.

This was the defence used by Playables Limited and its owner, Wai Dat Chan, after the Entertainment and Leisure Software Publishers Association (Elspa) ELSPA Intellectual Property Crime Unit highlighted the issue.

However, the court ruled that because the cards bypass Nintendo’s security systems they are unlawful and breached copyright. Sellers face criminal charges if they are found to be selling the cards.

Michael Rawlinson, Elspa’s director general said the organisation was “delighted” with the decision. This is the latest case highlighted by the organisation.

In November last year, the Court of Appeal threw out a case brought by a man who was found guilty of illegally selling 'modchip'.

“The Elspa Intellectual Property (IP) Crime Unit was central in bringing the defendants to the attention of law enforcement authorities. I am grateful to them and our partners at Nintendo and Trading Standards in securing this significant judgement. Intellectual property theft is an important issue,” he said.