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Nintendo has prevailed against an Italian company called PC Box which distributed devices allowing users to circumvent the copy protection on its hardware -- because whether intentional or not, piracy was enabled.
PC Box's defense hinged on the idea that its products merely circumvented Nintendo's grip on its devices, which prevented users from fully realizing their potential (as MP3 players, for example). PC Box's remedy enabled the use of homebrew software -- but also, as it turns out, pirated software, too.
The Wired UK report suggests the case could be precedent-setting and have EU-wide implications on the sale of similar devices.