Nintendo wins case against Lik Sang
06-19-03 | 06:50 AM
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From: Blu-Ray: We Don't Need No Stinkin' Petition
Nintendo wins case against Lik Sang
http://www.reuters.com/newsArticle.j...toryID=2954048
HONG KONG (Reuters) - Japanese videogame maker Nintendo Co Ltd said on Thursday it has won one of its "most significant anti-piracy judgments ever" against a Hong Kong firm that sold devices capable of copying its games and putting them on the Internet for limitless downloading.
In the ruling, a Hong Kong judge ordered Lik Sang International on May 29 to pay an interim amount of HK$5 million (US$641,000) in damages, Nintendo said.
A Lik Sang representative could not immediately be reached for comment.
Kyoto-based Nintendo had sought US$20 million in damages in its original complaint for lost revenues in 2001 and 2002, in a case that underscored the problem of rampant software piracy in China and adjacent Hong Kong.
The device at the heart of the complaint costs about US$45 and is capable of bypassing security features in Nintendo Game Boy games to extract their software, said Jodi Daugherty, director of anti-piracy for Nintendo of America Inc.
Once the software is extracted, it can be put on cards for use in other Game Boy consoles or uploaded to the Internet for limitless downloads throughout the world, she said.
Copied games typically sell for anywhere from US$5-15 each, compared with US$25-45 for legal products.
IMPORTANT IN BATTLING PIRACY
"This was an important case for Nintendo in battling Internet piracy at its source," Daugherty told Reuters in a phone interview from the United States. "We're continuing to take aggressive actions in China."
Rampant video game piracy has kept the world's major players out of China. Most sell their consoles at a loss and make up money through high-margin game sales.
Xbox maker Microsoft and Nintendo have so far avoided the market, where pirated versions of their games can sell for as little as 10 yuan (US$1.21) each.
The world's other major player, Sony Corp, maker of the PlayStation, tried to launch in China earlier this year but was indefinitely delayed amid a mass of government red tape.
Following the recent Hong Kong ruling, Nintendo believes the cheap copying devices, which were manufactured in China, are no longer on the market, Daugherty said.
Nintendo estimates that it and its partners lost about US$650 million in sales last year due to piracy, while the entire industry lost more than US$3 billion.
Daugherty said Chinese trademark enforcement authorities had helped Nintendo conduct about three-quarters of its 125 raids IN China last year as the new World Trade Organization member starts to take intellectual property protection more seriously.
She said raids in 2002 were about double those in 2001, and are expected to go up further in 2003.
"Our piracy trends have changed," she said. "It used to be that a lot of the manufacturing was done in Taiwan. Then it's shifted, so now we're being more aggressive in China."
In the ruling, a Hong Kong judge ordered Lik Sang International on May 29 to pay an interim amount of HK$5 million (US$641,000) in damages, Nintendo said.
A Lik Sang representative could not immediately be reached for comment.
Kyoto-based Nintendo had sought US$20 million in damages in its original complaint for lost revenues in 2001 and 2002, in a case that underscored the problem of rampant software piracy in China and adjacent Hong Kong.
The device at the heart of the complaint costs about US$45 and is capable of bypassing security features in Nintendo Game Boy games to extract their software, said Jodi Daugherty, director of anti-piracy for Nintendo of America Inc.
Once the software is extracted, it can be put on cards for use in other Game Boy consoles or uploaded to the Internet for limitless downloads throughout the world, she said.
Copied games typically sell for anywhere from US$5-15 each, compared with US$25-45 for legal products.
IMPORTANT IN BATTLING PIRACY
"This was an important case for Nintendo in battling Internet piracy at its source," Daugherty told Reuters in a phone interview from the United States. "We're continuing to take aggressive actions in China."
Rampant video game piracy has kept the world's major players out of China. Most sell their consoles at a loss and make up money through high-margin game sales.
Xbox maker Microsoft and Nintendo have so far avoided the market, where pirated versions of their games can sell for as little as 10 yuan (US$1.21) each.
The world's other major player, Sony Corp, maker of the PlayStation, tried to launch in China earlier this year but was indefinitely delayed amid a mass of government red tape.
Following the recent Hong Kong ruling, Nintendo believes the cheap copying devices, which were manufactured in China, are no longer on the market, Daugherty said.
Nintendo estimates that it and its partners lost about US$650 million in sales last year due to piracy, while the entire industry lost more than US$3 billion.
Daugherty said Chinese trademark enforcement authorities had helped Nintendo conduct about three-quarters of its 125 raids IN China last year as the new World Trade Organization member starts to take intellectual property protection more seriously.
She said raids in 2002 were about double those in 2001, and are expected to go up further in 2003.
"Our piracy trends have changed," she said. "It used to be that a lot of the manufacturing was done in Taiwan. Then it's shifted, so now we're being more aggressive in China."
06-19-03 | 07:38 AM
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From: Where the sky is always Carolina Blue! (Currently VA - again...)
Originally posted by jeffdsmith
Looks like they got off pretty easy.
Looks like they got off pretty easy.
06-19-03 | 09:13 AM
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From: Springfield, USA
This might explain why gamegizmo is no longer in business:
http://gamegizmo.com/
http://gamegizmo.com/
06-19-03 | 09:45 AM
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I wonder how long until Nintendo/Sony/Microsoft go after everybody that ever bought a product from Lik Sang or a similar company.
Think it can't happen?
Under the DMCA, DirecTV is suing thousands of people that bought smart card programmers from various web sites. Out of court settlement is $4500 ($10,000 if you ignore the letters and default). Ouch!
Think it can't happen?
Under the DMCA, DirecTV is suing thousands of people that bought smart card programmers from various web sites. Out of court settlement is $4500 ($10,000 if you ignore the letters and default). Ouch!
06-19-03 | 10:01 AM
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That's the DMCA. I'm hoping that these guys aren't dumb enough to piss off their customers like that.
06-19-03 | 10:30 AM
#9
DVD Talk Hero
I always wonder how companies like Nintendo and organizations like the RIAA figure out how much piracy is "costing" them.
Are they assuming that everyone who gets an illegal version would have paid retail if the illegal version wasn't available?
I think their actual "losses" are far less. I would guess that most bootleg-buyers have no intention of picking up the real thing.
Are they assuming that everyone who gets an illegal version would have paid retail if the illegal version wasn't available?
I think their actual "losses" are far less. I would guess that most bootleg-buyers have no intention of picking up the real thing.
06-19-03 | 02:34 PM
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From: Space Junk Galaxy
Originally posted by spainlinx0
That's the DMCA. I'm hoping that these guys aren't dumb enough to piss off their customers like that.
That's the DMCA. I'm hoping that these guys aren't dumb enough to piss off their customers like that.
06-19-03 | 02:51 PM
#12
Originally posted by CreatureX
I don't think Nintendo considers people who illegally download GB ROMS, as being "their customers".
I don't think Nintendo considers people who illegally download GB ROMS, as being "their customers".
06-19-03 | 03:46 PM
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From: USA
I find it hard to believe that Nintendo would have grounds to sue the customers of Lik-Sang who purchased these devices because posession of the GBA rom devices by itself is not illegal. What's illegal is using the devices to play downloaded games. Nintendo would have to prove that people had actually downloaded and played the illegal roms.
The settlement was for money and didn't say that Lik-Sang would have to turn over the names of its customers to Nintendo. Even if Lik-Sang had to reveal customers' names, what would stop Lik-Sang from "losing" everyone's name since they're probably going out of business anyway.
DirecTV pirates were stealing a subscription service and not just individual games. Many were also helping others to do the same by providing information on their websites. There were a lot more people condoning DirecTV piracy than just a few online retailers selling GBA rom readers.
The settlement was for money and didn't say that Lik-Sang would have to turn over the names of its customers to Nintendo. Even if Lik-Sang had to reveal customers' names, what would stop Lik-Sang from "losing" everyone's name since they're probably going out of business anyway.
DirecTV pirates were stealing a subscription service and not just individual games. Many were also helping others to do the same by providing information on their websites. There were a lot more people condoning DirecTV piracy than just a few online retailers selling GBA rom readers.
06-19-03 | 04:10 PM
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Originally posted by Roan
I find it hard to believe that Nintendo would have grounds to sue the customers of Lik-Sang who purchased these devices because posession of the GBA rom devices by itself is not illegal. What's illegal is using the devices to play downloaded games. Nintendo would have to prove that people had actually downloaded and played the illegal roms.
I find it hard to believe that Nintendo would have grounds to sue the customers of Lik-Sang who purchased these devices because posession of the GBA rom devices by itself is not illegal. What's illegal is using the devices to play downloaded games. Nintendo would have to prove that people had actually downloaded and played the illegal roms.
I don't think that DirecTV is really interested in going to court, they are hoping most people settle out of court. Either way, you're out a ton of money (settlement or legal fees). Nintendo could put the squeeze on a lot of people (which I don't think they will).
Last edited by trigun; 06-19-03 at 04:14 PM.
06-19-03 | 04:14 PM
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From: So Cal
It could happen. My friend got busted for having an illegal cable box. Seriously, who gets caught for that? anyways, he's not going to jail, but let's just say he won't be going to college for the upcoming year.
06-19-03 | 04:39 PM
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http://cabletheft.com/ <--- Let you report cable theft. Pretty neat.
06-19-03 | 04:55 PM
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From: So Cal
Well, somehow i feel justified being a long-time gamer and an honest customer towards Nintendo and other companies.
For those that are unaware of what Lik-sang was selling, it was a cartridge that allowed you to download ROMs right into it from your computer. It wasn't just limited to GBA ROMs, but also Nintendo and Super Nintendo games.
For those that are unaware of what Lik-sang was selling, it was a cartridge that allowed you to download ROMs right into it from your computer. It wasn't just limited to GBA ROMs, but also Nintendo and Super Nintendo games.
06-19-03 | 07:51 PM
#20
DVD Talk Legend
So how much are the 'ROM rippers' worth now?
I picked up a few of them from Lik Sang before they got busted... I bet they're worth a pretty penny now!
Off to eBay I go.
-k
###
I picked up a few of them from Lik Sang before they got busted... I bet they're worth a pretty penny now!
Off to eBay I go.
-k
###
06-19-03 | 08:42 PM
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From: MD
I like lik-sang, they sell some pretty cool stuff.
But this time (like when Microsoft busted them for X-Box mod chips a few months ago), they pretty much got what was coming to them.
But this time (like when Microsoft busted them for X-Box mod chips a few months ago), they pretty much got what was coming to them.
06-19-03 | 08:53 PM
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From: Osaka, Japan
Like mod chips these also have legit ues (a GBA developer friend of mine has one or something very similar).
Frankly if nintendo tried to get money for me just for owning one I'd tell them where to go. If I was using them to rip the roms and distribute them then that would be a different matter, but I should be able to do what I like with the cart once I take it home as long as it's only for personal use.
Chris
Frankly if nintendo tried to get money for me just for owning one I'd tell them where to go. If I was using them to rip the roms and distribute them then that would be a different matter, but I should be able to do what I like with the cart once I take it home as long as it's only for personal use.
Chris
06-20-03 | 01:28 AM
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From: So Cal
Originally posted by Keyser Soze
So how much are the 'ROM rippers' worth now?
I picked up a few of them from Lik Sang before they got busted... I bet they're worth a pretty penny now!
Off to eBay I go.
-k
###
So how much are the 'ROM rippers' worth now?
I picked up a few of them from Lik Sang before they got busted... I bet they're worth a pretty penny now!
Off to eBay I go.
-k
###
06-20-03 | 02:20 AM
#24
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Originally posted by Superboy
Ebay pulls illegal merchandise.
Ebay pulls illegal merchandise.
-k
###
06-21-03 | 09:21 AM
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From: Blu-Ray: We Don't Need No Stinkin' Petition
Lik-Sang.com not Lik Sang
As a result to the Press Release sent by Nintendo yesterday regarding their Court Case against the former owners, Lik-Sang.com received several customers’, journalists’ and partners’ enquiries regarding comments or possible consequences.
Pacific Game wants to emphasize once more, that the business has been successfully taken over by November 2002 and recent reports show clearly, that innovations and range-expansions are exceeding fans’ expectations. The consequences of the legal actions towards the former owners (Lik Sang International Limited) is not related to Lik-Sang.com and its today’s business.
Not being involved in the Court Case, neither as Defendant nor as Plaintiff, Lik-Sang.com O/B Pacific Game Technology (Holding) Ltd is not able to comment about it. Only Lik Sang International Ltd is in the position to give its opinion about the recent events.
Most of the people who have been dealing with Lik Sang over the years, as customers, supplier or else, before the Court Case or after the take-over, expressed regrets about the tone which was used in yesterday’s communication campaign. Some of them reacted with surprise, shock or sadness reading Nintendo’s press release depicting Lik Sang as a pirate company. They don’t feel like having in contact with an underground organization for all those years but with a video game company widely acclaimed and famous for its unique position in the hardcore gaming community.
Pacific Game wants to emphasize once more, that the business has been successfully taken over by November 2002 and recent reports show clearly, that innovations and range-expansions are exceeding fans’ expectations. The consequences of the legal actions towards the former owners (Lik Sang International Limited) is not related to Lik-Sang.com and its today’s business.
Not being involved in the Court Case, neither as Defendant nor as Plaintiff, Lik-Sang.com O/B Pacific Game Technology (Holding) Ltd is not able to comment about it. Only Lik Sang International Ltd is in the position to give its opinion about the recent events.
Most of the people who have been dealing with Lik Sang over the years, as customers, supplier or else, before the Court Case or after the take-over, expressed regrets about the tone which was used in yesterday’s communication campaign. Some of them reacted with surprise, shock or sadness reading Nintendo’s press release depicting Lik Sang as a pirate company. They don’t feel like having in contact with an underground organization for all those years but with a video game company widely acclaimed and famous for its unique position in the hardcore gaming community.