Nintendo wins case against Dutch mod-chips sellers

The court of The Hague has ordered eleven Dutch online retailers to stop selling mod-chips and flashcards used to mod Nintendo consoles. Some of these web shops even sold modded Nintendo Wiis off the shelves. The judge ruled that the companies are stimulating copyright infringement by doing so.

According to article 29a of the Dutch copyright law, a user is not allowed to circumvent anti copying technology. The mod-chips and flashcards are developed to do just that and are thus unlawful, said the judge.

Proponents of mod-chips emphasise that the chips can also be used to create one’s own software for Nintendo consoles, such as home made games. In practice, however, the chips and flascards are primarily used as a go around for the Nintendo DRM in order not to have to pay for Nintendo’s games. The judge ruled that “the items sold are used almost without exception to circumvent the provisions Nintendo made to counter infringements on its copyright.”

In a similar case in France last year, a French court ruled in favour of the modders, arguing that users have a ‘freedom to tinker’ with hardware they own.

The online retailers need to remove the cards, chips and modded consoles from their inventory within 14 days. Furthermore, the court has attributed damages to Nintendo, the amount of which will be determined at a later date.