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ELSPA: Up To 90% Pirate DS Software In U.S.
by Leigh Alexander
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January 31, 2008
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John Hillier, manager of the UK's Entertainment and Leisure Software Publishers Association's intellectual property crime unit, believes that up to 90 percent of Nintendo DS owners in the U.S. play pirated games.
Hillier also fears that a similar level of widespread piracy could spread in the UK, where ELSPA supports the police in cracking down on software piracy.
Speaking to the Sunday Post, Hiller expressed concern in particular about the Chinese-made R4 chip that enables users to play downloaded DS games. UK copyright and patent laws make it illegal to sell the R4 chip or to download games using it, punishable by fines or two years' jail time, Hillier said.
“Takings from Nintendo DS games in the US are lower than any other console and no doubt it will have a similar impact here. That’s the real danger — you may think you’re getting a good deal, but using the R4 is risking the future of the games industry," Hillier concluded.
He added: "Crucially, the R4 has shifted balance of power in the piracy industry to the consumer — and that is hugely worrying. That’s why we intend to stop trade in these chips wherever we can.”
[UPDATE: Speaking to UK site GamesIndustry.biz, ELSPA has distanced itself from the comments, suggesting that a genuine conversation with Hillier on the availability of the R4 cartridge in the UK did take place for the article, but explaining of the controversial comments:
"The quotes from The Sunday Post were ascribed to his name from another article which originates from a website in Singapore. This, it appears, is where The Sunday Post first found out about the supposed R4 situation and for some reason unknown to John have quoted him on what this article said."]
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That's not to say piracy shouldn't be a concern....
Barney done taught us to share our games!
So, yeah, that 90% figure is ludicrous. I'd be surprised if it was as high 5%.
@Richard: I can walk into my local Wal-Mart, bringing my DS and acces their download station for a number of playable demos. And of course many games support local multiplayer play through a single copy of the game which is also sort of a demo mode. And IIRC the Wii will soon offer demo download functionality. Considering that before the DS this level of functionality in a handheld was nearly unheard of outside the cell phone and PDA market, I'd say the DS is doing pretty well for demos. Agree that there is a lot of shelf filler (Nintendo handhelds are lucritive magnets for things like mediocre licenced IP tie-in games) but what worries me more is the number of strong titles from barely a year ago that are no longer readily avalible (and the used market puts a hefty premium on them). Some are even first party titles (Tetris DS or all things.) I allready knew about how cutthroat the competition for shelf space is but having just recently bought my DS this makes it really sink in.
Why? Because I teach games development. We have XBox 360s (donated by MS with free access to the XNA Developer Club), we have PSP Dev kits (bought after approval from SCEE), and thank you to both of them for giving us this. However, after a year or two trying to build links with SN and Nintendo, we are no further forward with getting access to anything like a dev kit for the two leading platforms, and possibly the best for innovation from a learning perspective. We came close with the GameCube but EU legislation prevented the sale of a dev kit a few weeks before we managed to source the funds to pay for them.
So, I recommend to students interested in creating games for the DS that they purchase an R4 and download homebrew software. Yes of course it can be used to access pirated ROMS; we do discuss at length the ethics and legalities of IP, by the way.
Music companies tried to stop the compact cassette, with accusations of piracy. Of course, a tape could be used to copy your mate's CD collection, but it could also contain that budding young band demo that lands on a record producer's desk.